HSBC Card debt - various DCA's - Now MKDP claim form***Claim Discontinued***

[unimatrix1066]

Defend all then ,

Cheers

[unimatrix1066]

I ve now acknowledged the service, what should I submit as evidence in my defence.

I ve requested the cca to mkdp but not heard back yet.

[AndyOrch]

You only acknowledge for now...you still have another 21 days yet to prepare any defence.

[unimatrix1066]

hello

just compiling the defense letter see below, should i mention the original problem with HSBC not acknowledging the intrerest freeze with capquest or not?

 

Particulars of Claim:-

 

 

1. The claiment claims the sum of 3721.00 being monies due from the defendant to the claimant

under a regulated agreement orginally between the defendant and HSBCicon bank PLC.

 

2. The defendant account number was xxxxx and was assigned to the cliament on 29/01/2013,

notice of this has been provided to the defendant.

 

3. 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 cosumer credit act 1974

 

4. And the claimant claims the sum of 3721.00 and costs

 

the cliament has complied , as far as is nessary, with the pre action conduct practice direction

 

 

 

 

Defense

 

Paragraph 1 is noted I have in the past had financial dealings with*HSBC*Bank PLC but deny any monies being due as alleged by the claimant MKDP LLP.

 

Paragraph 2 is denied I am unaware of any legal assignment between*HSBC*and MKDP LLP and the claimant is put to strict proof thereof.

 

Paragraph 3 denied the claimant has not provided a default notice as alleged, has failed to respond to a CPR request to verify any breach nor has it served any Notice of Sums in Arrears since their alleged assignment of 2013 and remains in default of my section 78 request dated 07/05/14

 

Paragraph 4 is denied as yet the claimant has yet to provide any proof at all.

 

Therefore this claim is neither admitted nor denied with regards to the Defendant entering into an agreement referred to in the Particulars of Claim. The Claimant is put to strict proof as to the existence, execution and terms of any alleged agreement.

 

and the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement with the Claimant; and

(b) show how the Defendant has reached the amount claimed for; and

(d) show that they have served a Notice of Sums in Arrears

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

 

On receipt of this claim, I sent a CCA 1974, Section 78 request to the Claimant dated 07/05/14 . This was sent via recorded delivery and signed for on the 9/05/14 The Claimant has yet to comply.

 

Furthermore, on the 08/05/14 I requested copies of the documents referred to in the Claimant’s Particulars of Claim by way of a*Civil Procedure*Request 31, PD 14. This was also sent via recorded delivery and signed for on the 12/05/14 The Claimant has yet to respond.

 

As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974. The Defendant has no recollection of receiving a notice of assignment.

 

Until such time the Claimant can comply with my request for a copy of the agreement and other documents relied upon in the Claimant’s Particulars of Claim, the Claimant is prevented from enforcing or requesting any relief as pursuant to the Consumer Credit Act 1974.

 

 

By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

Cheers

I am also having trouble accessing the online account the notice was served on the 1st of may so i must have it in by the 29th

Edited May 27, 2014 by Andyorch
Particulars added

[AndyOrch]

I have added the particulars to your post above matrix for reference.

 

No I wouldn't mention freezing of interest or any history...otherwise it contradicts your defence as you do know all about the agreement.

 

If you cant submit on line you can email Northampton.

 

Regards

 

Andy

[unimatrix1066]

I have added the particulars to your post above matrix for reference.

 

No I wouldn't mention freezing of interest or any history...otherwise it contradicts your defence as you do know all about the agreement.

 

If you cant submit on line you can email Northampton.

 

Regards

 

Andy

 

Cheers I will email it, I cannot log in for some reason

Thanks

[unimatrix1066]

All sent by email and received, will just have a wait and see what happens now.

Looking at over posts there is no real feedback on the outcomes except stat barred ones

Now time to complian about HSBC and sar request time and info received

[unimatrix1066]

I asked HSBC for more info but

 

they say they do not have any,

 

it seems to finish about when HSBC took the debt back off cap quest.

 

I have also received in the post a medation pack from the court that I have been asked to fill out

 

Also the request for the credit agreement has not been supplied ,

 

which I sent off after my last post ,

 

just wondering what to do now?

[AndyOrch]

Enter into mediation...its expected by the courts...but reiterate that until they disclose what they rely on you cant agree or admit to anything.

[unimatrix1066]

Enter into mediation...its expected by the courts...but reiterate that until they disclose what they rely on you cant agree or admit to anything.

 

Cheers, I will fill it out

[unimatrix1066]

Cheers, I will fill it out

 

I ve filled the form out , do you put on it that you do not admit to the debt or will this be handled by the hearing?

[unimatrix1066]

I was just looking at other posts with a similar claim,

it recommends rejecting medation and going to court.

 

I have requested a copy of the credit agreement from mkdp but have received no reply.

 

My defence was along these lines in the letter in a previous post,

 

so if they have not supplied this as proof so if it goes to court

they have not produced their evidence?

[AndyOrch]

It goes to Court irrespective of mediation...as it unlikely either party would settle....but if you refuse to participate you could be sanctioned when the question of costs arise.

 

But its your decision I have already advised.

[unimatrix1066]

Ok , I am posting the letter to day

Many thanks

[unimatrix1066]

I ve got my mediation phone call tomorrow, just wondering what I should say, should I mention I do not recognise

Debt via mkdp and leave it at that.

Also can I submit further evidence at this stage after the mediation which would be a waste of time?

[AndyOrch]

But you do recognise it as per your post #23 above.....its the amount you are unsure of and so you have requested clarification by way of CPR and CCA to find out what this debt consists of.....

 

Get them to substantiate their claim...mediation wont resolve this but it will narrow the differences before it proceeds to trial or may even avert it.

[unimatrix1066]

I have received a letter stating a court date next month as medation has failed, do I need to do anything other than attend?

[AndyOrch]

Have you completed all the directions listed on the Notice of Allocation....Witness Statement /Standard Disclosure?

[unimatrix1066]

no i have not, looking at other threads you have to send a N224 to the court stating that the claiment has not supplied the docs as per my request to them which was in my defence

[AndyOrch]

You must comply with the directions of the Notice of Allocated by the dates stated otherwise the claimant/court could strike out your defence.

 

You should disregard what you have been reading in other older threads.

 

Andy

[unimatrix1066]

question , i have not received any docs requested from mkdp, what should i do?

[AndyOrch]

Do nothing...has the court ordered them to disclose the documents within the directions of the NoA?

[unimatrix1066]

i ve just spoken to the court

 

 

they said i should send a letter in stating what documents we have requested and that they have not supplied them.

 

should we ask for the claim to be struck out as they have not supplied them.

 

the hearings is on the 12th of December and we have to supply all documentation 14 days before the hearing ,

 

 

we it be better to leave this letter to say a week before the 2 week period hoping MKDP do not comply due to time scales?

[AndyOrch]

Now you are getting the hang......what date should they have disclosed ? More important what date should you disclose and exchange your Witness Statement?

[unimatrix1066]

sorry just seen your reply the directions state each party must supply copies to the court and defendant/claiment 14 days before the hearing, so i take it if they do not supply our requested sars they will be rejected