Hello all!!!! please help is needed here...
I don't know what I would have done without this site... big Thank you for the team...
I had a claim form from MKDP this week and stressed... again...
The claim has been issued by the Debt purchaser (claimant): MKDP LLP
- Original creditor: HSBC - Date of issue: 02 April 2014 - Value of the claim rounded up: £6700.
Particulars of Claim reads as follow:
The claimant claims the sum of £6700 being monies due from the defendant to HSBC Bank PLC
under a bank account facility regulated by the Consumer Credit act 1974
and assigned to the claimant on xx/xx/xxxx.
The Defendants account number was xxxxxxxxxxx.
It was a term of the bank account that any debit balance would be repayable in full on demand.
The defendant has failed to make payment as required by the statutory default notice served by HSBC Bank Plc.
The claimant claims the sum of £xxxxx and costs.
The claimant has complied as far as necessary with the pre-action conduct practice direction.
Section 69 not included in any part of document.
I received ONE SINGLE Default Notice back in 2009 from the original creditor HSBC.
But no Notice of Assignment before this summon from MKDP.
They referred to the balance as relating to a Bank account but it was a PROFESSIONAL STUDY LOAN
taken between March and April 2007 to which they added £575 overdraft I used.
The account was firstly sent to MCS then chased by a few Debt collection agencies
including Moorcroft with which I had some dealings
I was supposed to start paying it back in 2009 but could not afford it as I had a major surgery
and could not finish the course thus same salary.
I discussed it with HSBC on several occasions to either postpone the repayment or lower it.
But instead they sent the debt to MCS.
I went to CAB which sent a financial statement to HSBC in AUG 09.
I was advised to pay £10 a month until my situation got better.
Then I received a letter from MOORCROFT in JAN10 to which I responded
explaining my financial situation then I came accross your site.
I formally requested a copy of the credit agreement under s.77/79 of the CCA.
MOORCROFT responded as follow: .
..we refer to your recently received letter requesting letter as per section 77-79 CCA 1974.
We duly confirm that we have requested the relevant documentation from our client
and once received we will duly forward the same to you.
meanwhile, we duly duly confirm that all collection activity on the account has been put on hold
and we will not seek to enforce payment of this debt until suvh time as the
documentation has been supplied or we have advised you to the contrary.....
I stopped all payment as the account was now in query.
In MAY 10, MOORCROFT wrote to CAB advising them to ask me to to continue paying the £10.
They started chasing back the full balance as if it was not in query.
I knew there was a part of the debt (£575) which was the overdraft I used.
I proposed to separate both debts and I will continue to make payment toward the £575
whilst the LOAN is in query.
They refused and continued to chase the full balance.
At this stage I started to ignore their threatening letters.
Then I was receiving chasing letters from other companies such
as Aktiv Kapital, Link, Wescott etc..
.and finally this summon which amount is incorrect to start with.
I guess I need to acknowledge service then send some requests to the sollicitor and the claimant?
I know you do that a lot but please treat me as an IT novice.
Could somebody point me in the direction of the suitable templates please?
And who to send what to who?
Where do I want to go now?
I don't know where to start or what to do.
Even what I WANT TO DO.
All I know is that I do not want a CCJ on my record.
If HSBC had accepted my offer we could have gotten somewhere.
I don't see how this case will make a difference since my situation has worsened.
I don't even reach the current minimum wage at present.
I am unable to pay.
And I thought since I have tried so many times to sort it with no luck,
and there is still no contract supplied and I was defaulted since 2009 preventing me to borrow,
I do not think it fair to bring it to court at this moment in time.
I don't know much about the law in relation to loans.
I would like however, to pay off the overdraft if of course it is separate from the LOAN.
DO I make sense????
I need as much help as possible..
. I have looked for similar cases as mine and could not find much similarities or maybe I didn't check well.
Also how do you donate???
you are doing an important job here helping people like myself...