Well we thought we were getting somewhere but now if I am perfectly honest I haven't got got a clue what to do. Can I just go through the points Andyorch has made and see if I can try and explain where we are and see if I can get any advice as to what to do next. No3. Yes I can see that. No.9 He hasn't a clue what he owes - pushed into loan to clear other debts as a young man with no financial experience and has heard nothing from anyone about it since mid 2007. On statement loan is shown with early closure October 2007 and a balance of zero - figure cleared was a lot more than sum being claimed. He did not clear it though. No 10 He has had no paperwork regarding an assignment - does he just take MKDP's word that they sent one or HSBC did? No.11 He has no copy of the agreement although he obviously would have had at some stage. No.12 Without any paperwork again he hasn't a clue if and who he owes money to. 13. He has not had an assignment - he is 100% about that. He is sure that when he took the loan out PPI was put on it but again without documentation we have no idea what amount it was. Can I just ask an urgent question here? Is it worth trying to defend this or not? Yes he had a loan, not for this amount it was more. Last payment taken out of a delinquent bank account on 1st May 2007 (was well over its overdraft limit and nothing else was being paid). I have asked this before but he cannot afford to pay anything as he lives hand to mouth now and he would probably have to declare himself bankrupt. If he can defend can anyone suggest a defence that he we can send? I am now completely devoid of ideas and do not know hat to do next for him.

Thanks it is appreciated - could they also look at the similar thread re the credit card as I have put a similar defence on there as well?

Well it is almost time to submit a defence - would like to do it by Thursday. We have heard nothing at all from MKDP not even an acknowledgement of our requests. I have been looking at various holding defences on the site and have now put the one below togther. It would be appreciated if someone could have a look at it for us please? We have been unable to get any statements so far regarding this account and it may well be that it is statute barred as stated in previous posts but without the relevant statements we can not be 100& certain. In the Northampton (CCBC) County Court Claim number XXXXXXXX Between MKDP LLP and XXXXXXXXXX – Defendant DEFENCE 1. I, XXX of XXXXXXXXXXXX am The Defendant in this action and make the following statement as my defence to the claim made by MKDP LLP 2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in The Claimant’s Particulars of Claim and put The Claimant to strict proof thereof. 3. The Claimant’s Particulars of Claim are vague and fail to disclose any cause of action; they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the civil procedure rules. (Even allowing for the constraints of the bulk issue system) 4. No documents supporting the claim in the particulars have been offered which The Defendant needs to establish what agreement it is that this action is based upon and so The Claimant's claim appears without merit. 5. On receipt of the claim form The Defendant sent a CPR 31.14 request for a copy of the agreement, default notice, notice of assignment and a statement of account showing how the amount claimed has been reached which form the basis of this claim. 6. The Defendant also sent a formal request pursuant to s.77/78 of the Consumer Credit Act 1974 for a copy of the agreement. 7. It has been confirmed via the Royal Mail website that the above letters were received and signed for. 8. To date no response has been received from The Claimant. 9. As a result, the Claimants claim does not contain sufficient particulars to permit me to file a properly particularised and pleaded defence. I am at a disadvantage to respond to this claim. Consequently, I deny all allegations on the particulars of claim and put the Claimant to strict proof thereof. 10. It is denied that I have an agreement with MKDP LLP. 11. If, which is not admitted, such an agreement exists, the precise terms and date of any such agreement are not admitted. I do not have in my possession any such agreement and am not therefore able to comment thereon. The Claimant is put to strict proof as to the date and terms of such agreement. 12. Without admission that any cause of action is shown by The Claimant it is denied that I am indebted to The Claimant as alleged or at all. 13 It is alleged the Claimant has an agreement and there has been an Assignment. Within the proof of claim it was stated that there had been an assignment to the Claimant on a date which was given as Blank. As such it is contended that no such Notice of Assignment has been served pursuant to Section 136(1) of the Law of Property Act 1925. Without a Notice of Assignment, The Assignment is merely equitable and The Claimant is put to strict proof to disclose this and prove that this claim can commence in their own name. 14. AND the Defendant Seeks an order that The Claimant’s action is struck out or otherwise is dismissed on the grounds that any claim cannot succeed. i. Alternatively if the court decides not to strike out The Claimant’s case, it is requested that The Court orders full disclosure of the requested documents pursuant to the civil procedure Rules. ii. The Defendant respectfully asks the permission of The Court to amend this defence if or when The Claimant provides full disclosure of the requested documents and allows inspection of the original documents. Statement of Truth I believe that the facts stated in this defence are true.

I have looked through various posts and have now come up with my first attempt at defence in this case. It would be appreciated if someone could have a look at it for me before I have to submit it which I would like to do on Thursday? In the Northampton (CCBC) County Court Claim number XXXXXXXX Between MKDP LLP and XXXXXXXXXX – Defendant DEFENCE 1. I, XXX of XXXXXXXXXXXX am The Defendant in this action and make the following statement as my defence to the claim made by MKDP LLP 2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in The Claimant’s Particulars of Claim and put The Claimant to strict proof thereof. 3. The Claimant’s Particulars of Claim are vague and fail to disclose any cause of action; they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the civil procedure rules. (Even allowing for the constraints of the bulk issue system) 4. No documents supporting the claim in the particulars have been offered which The Defendant needs to establish what agreement it is that this action is based upon and so The Claimant's claim appears without merit. 5. On receipt of the claim form The Defendant sent a CPR 31.14 request for a copy of the agreement, default notice, notice of assignment and a statement of account showing how the amount claimed has been reached which form the basis of this claim. 6. The Defendant also sent a formal request pursuant to s.77/78 of the Consumer Credit Act 1974 for a copy of the agreement. 7. It has been confirmed via the Royal Mail website that the above letters were received and signed for. 8. To date no response has been received from The Claimant. 9. As a result, the Claimants claim does not contain sufficient particulars to permit me to file a properly particularised and pleaded defence. I am at a disadvantage to respond to this claim. Consequently, I deny all allegations on the particulars of claim and put the Claimant to strict proof thereof. 10. It is denied that I have an agreement with MKDP LLP 11. If, which is not admitted, such an agreement exists, the precise terms and date of any such agreement are not admitted. I do not have in my possession any such agreement and am not therefore able to comment thereon. The Claimant is put to strict proof as to the date and terms of such agreement. 12. Without admission that any cause of action is shown by The Claimant it is denied that I am indebted to The Claimant as alleged or at all. 13 It is alleged the Claimant has an agreement and there has been an Assignment. Within the proof of claim it was stated that there had been an assignment to the Claimant on 08/12/2011. It is contended that no such Notice of Assignment has been served pursuant to Section 136(1) of the Law of Property Act 1925. Without a Notice of Assignment, The Assignment is merely equitable and The Claimant is put to strict proof to disclose this and prove that this claim can commence in their own name. 14. AND the Defendant Seeks an order that The Claimant’s action is struck out or otherwise is dismissed on the grounds that any claim cannot succeed. i. Alternatively if the court decides not to strike out The Claimant’s case, it is requested that The Court orders full disclosure of the requested documents pursuant to the civil procedure Rules. ii. The Defendant respectfully asks the permission of The Court to amend this defence if or when The Claimant provides full disclosure of the requested documents and allows inspection of the original documents. Statement of Truth I believe that the facts stated in this defence are true.

Thank you

Thanks again or the above - I'm afraid panic mode is setting in. I have looked at some of the sample defences and it would probably be better for us to submit a defence instead of using CPR 15.5 at this time. The reason for this being that I am going away for 26 days shortly and I honestly do not think my relation is up to drafting a defence whilst I am away. I will discuss with them over the weekend and see what they think. We will obviously be quided by the experts on here at the end of the day.

S 77/78 request also sent today.

Would the defence need to be in on 31st May as 1st June is a Saturday? They have also posted a S77/78 request to MKDP today.

We do not know how the loan was made up as we have no documentation at all - this belongs to a relative who at the time was about 19 years old - think he was told in branch to roll things up into one loan by the sound of it. There are no default charges showing on the duplicate statement we have that shows the history of the loan. It has an opening balance which I would assume would already have the PPI on it if there was any. They have not had a letter or anything from anyone as far as they can remember since the date of closure shown on the duplicate statement although on his credit file there is a default around the same date for the sum that is being claimed. The sum claimed is about £6000 less than the sum shown on the statement prior to it being cleared. They are not aware that the loan was cleared although they say it was discussed with the grandmother as they knew they could never make the repayments. Unfortunately the grandmother is now dead but I think that is probably wishful thinking on their part! The account no shown in the POC is their loan account number but as I say the last entry says Loan Early Closure and a Nil balance. The closure date is 4 years before the date in the POC that MKDP say they they were assigned the loan. I would just add that the relative lives in rented accommodation, has a partner and two small children and has just about enough money to live on month to month. They have no assets at all. Sorry if I sound vague but they really do not have a clue about this loan apart from knowing that they did have one with this account number. Can I just ask that if this debt was proved against them would it be included if he/she decided to apply for bankruptcy as they would never be able to pay it off on a monthly basis.

Thank you

Is there any mileage in the fact that the duplicate statement shows that the account number shown in the POC was in fact closed 5 and half years ago with a Zero balance?

Sorry above date should have read 1st May 2007!

Still trying to get duplicate credit card statements for this but we now know last payment was made on 21/03/2007 - need duplicate statements to see if any purchases made by defendant after 28th April 2007.

Could do with a bit of advice here. We have managed to get a Duplicate Statement of Account for this loan from HSBC. It shows the last cleared payment which was made from their HSBC current account on 1st May 2006. However this payment was made from an account that was already running at twice its overdraft limit, all other debits were being returned unpaid except the one to themselves which just caused the overdraft to increase even more. Would this have been a legitimate payment? Then at the end of statement of account it says 'Loan Early Closure' and the balance becomes Zero! The loan figure at early closure is an awful lot more than is claimed as well. Anyone any suggestions?

Reminder sent re CPR 31.14 by special delivery on 20.5.13 to MKDP LLP

Reminders sent re CPR 31.14 by Special Delivery on 20.5.13 to MKDP LLP

Thanks for the help so far everyone. Is there any chance someone could look at the new thread about the bigger claim that I have posted again by MKDP LLP http://www.consumeractiongroup.co.uk/forum/showthread.php?391771-County-Court-Claim-Form-Loan-From-HSBC-MKDP-LLP-Claimant%282-Viewing%29-nbsp

Yes that is correct.

It was sent to MKDP LLP - we sent the SAR to HSBC to try and ascertain if it is statute barred.

As suggested starting new thread re Court Claim from MKDP LLP re HSBC Loan. Claim Form dated 29th April 2013. Particulars of Claim The Claimant claims the sum of £1x,xxx.xx being monies due from the Defendant(s) to HSBC Bank Plc under a loan agreement regulated by the Consumer Credit Act 1974 which was assigned to the Claimant on xx/xx/xxxx. Notice of Assignment has been provided to the Defendant(s) . The Defendant(s) loan account number was xxxxxx/xxxxxxxx. The Defendant(s) has failed to make payments in accordance with the terms of the loan agreement. A Default Notice has been served pursuant to The Consumer Credit Act 1974 by HSBC Bank Plc. The Complainant claims the sum of £1x,xxx.xx and costs. The complainant has complied as far as is necessary with the Pre-Action Practice Direction. No Default Notice or Notice of Assignment has been received. Claim acknowledged and extra 14 days asked for submitting defence. CPR 31.14 sent and received by them on 7th May 2013 asking for: 1. The agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached. 2. The assignment 3. The default notice 4. A statement of account showing how the amount claimed has been reached. These letters were sent by Special Delivery and were received and signed for on 7th May by MKDP LLP. In addition to this a SAR was sent to HSBC again by Special Delivery and was received also on 7th May. This would not be Small Claims as I understand it. This may be statute barred but until we can get access to relevant bank statements we cannot be certain. Is there anything else we should be doing at this stage?

Thanks - Particulars of Claim are as follows: The claimant claims the sum of £1,***,** being monies due from the defendant to the claimant under a regulated agreement originally between the defendant and HSBC Bank Plc. The defendants account number was xxxxxxxxxxxxxxxx and was assigned to the Claimant on (no date), notice of this has been provided to the defendant. The defendant has failed to make payments in accordance with the terms of the agreement and a default notice has been served pursuant to the Consumer Credit Act 1974. The Claimant claims the sum o £1,xxx,xx and costs. The Complainant has complied as ar as is necessary with the pre-action conduct practice direction. I am assured that no default notice or notice of assignment has been received. This would be a small claims track. CPR 31.14 sent as above and SAR was sent to HSBC not MKDP LLP

Anyone able to offer advice?

I am posting this on behalf of a relative who has received two Claim Forms out of Northampton (CCBC) County Court. Both are for debts originally with HSBC a) Credit Card (1***.** and b) Bank Loan (1****.**). Both Particulars of Claim are basically the same except the Credit Card uses the wording 'a regulated agreement' whereas the Bank Loan uses the wording 'a loan agreement'. Both say that a Notice of Assignment has been provided to the defendant with a date on the Bank Loan one but on the Credit Card one there is no date. Also that a Default Notice has been served on the defendant (no dates given on either) Finishes with wording that The complainant has complied as far as is necessary with the Pre-Action Conduct Practice Direction. Claim Forms are both dated 29th April 2013. Both claim forms were acknowledged with intention to defend all the claim and asking for the extra 14 days. A letter has been sent for each claim asking under CPR 31.14 for the disclosure and the production of a verified and legible copy of the document(s) mentioned in your Particulars of Claim: 1. The agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached. 2. The assignment 3. The default notice 4. A statement of account showing how the amount claimed has been reached. These letters were sent by Special Delivery and were received and signed for on 7th May by MKDP LLP. In addition to this a SAR was sent to HSBC again by Special Delivery and was received also on 7th May. My relative states that they have not received any notice of assignment or default notice for either of the debts. In addition they also believe that they have not made a payment or acknowledged the debt for the 6 years prior to the issue of the Claim forms (but is close) To date they have received no acknowledgement from MKDP LLP. What is our next step please? Do we now send N244 and also should we also have sent a SAR to MKDP LLP

Thank you - I will send a letter recorded delivery.

Can anyone suggest what the options are with this?