Court Claim MKDP old HSBC debt***Claim Struck Out***

[factor59]

Hi - received a Summons today from MKDP and POC claims that is monies due under a bank account

facility but in fact was a First Direct Gold credit card!

 

Can someone with more experience confirm we're doing right thing in sending CPR 31.14 for documents to claimants

asking for copies of said bank account, original agreement, DN, TN and NoA that they intend to rely on?

 

We're a little confused as to why they are stating it is a bank account when it was very clearly a credit card.

 

We have statements from August 2008 (when the account was terminated?) t

 

hat state it is a 'gold card statement' and looks exactly like a normal credit card one

- with credit limit, etc.

 

We're assuming that as it was a credit card they cannot take us to court saying it is a bank account?

[AndyOrch]

Why not play them at their own game and go along with the error...send the the CPR 31.14 current account request.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387483-LEGAL-CPR-31.14-Request-when-Claim-is-being-made-for-a-Current-Account.

 

Obviously they cant respond and your defence would be truthful........ " It is denied that I have held a current account with First Direct...........

 

[factor59]

Hi Andy, thanks for your prompt reply,

 

we have looked back and we did, once upon a time, have a current account with the number they are quoting,

but it was not ever overdrawn and was completely separate from the credit card!

 

They closed the bank account and the credit account when we hit a low point in our finances,

and we have been periodically chased by various debt collectors ever since for the credit card

 

but now, this has appeared stating it was a bank account!

 

We like your idea but if we do that,

 

wont they then just re-issue the summons with the correct details?

 

Should we still send the CPR as you suggested?

[AndyOrch]

So in reality it could be the CC or the OD or both added together?

[factor59]

No, there is definitely NO overdraft. The bank account was empty and unused. We only used the credit card.

[AndyOrch]

Okay send this one

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

 

See what response if any.......If they respond saying that its a current account and therefore no documents required......

 

They do state " under a bank account facility " so lets see how they interperate that?

[factor59]

Okay, thanks - will send the letter off post haste -

[factor59]

Letter sent this morning. Do I need to do anything else?

[AndyOrch]

Keep your eye on the dates and acknowledge claim on time.

[oleg]

Did you check statements after closing the current account? They may have used it to pay your credit card instalments for a while, creating an overdraft (despite no facility existing). That's what LTSB did to me, subsequently adding hundreds in unplanned o/d charges, not a penny of which I paid, of course.

[factor59]

Good morning,

 

well, as we suspected,

we have had no reply to our CPR 31.14 letter,

 

we think the next step is to put in our defence?

Is that correct?

 

We had a summons back in May, I think, from Sigma and never heard anything after we submitted the defence,

 

so wonder if we could use the same defence again?

 

If anyone could give us a little advice, be grateful. Thank you

[AndyOrch]

I would have thought you may have to amend it slightly every PoC is unique.

 

Regards

 

Andy

[factor59]

This claim is for a significant amount £25k + and they are claiming it is a bank account!

 

We never had an overdraft facility with this account.

 

We did have acredit card, that was never requested,

but at the time, we were both earning big monies and thought a credit card was useful.

..(us and thousands of others I think)

 

we lost our jobs and hit a rock bottom, financially, and that's when we stopped paying our cards.

 

We have sent a CPR31.14 letter as Andy suggested - but no reply since 21st October.

 

I have read on here about 'embarrassed defences'

 

- can someone advise if this is the sort of defence we need to compile?

 

Thank you

[AndyOrch]

Can you put up their particulars Factor (verbatin) less any identifiable data

[factor59]

Here it is in all its glory:

 

The Claimant claims the sum of £25k+

being monies due from the Defendant(s) to HSBC Bank plc

under a bank account facility regulated by the CCA 1974

and assigned to the claimant on x/x/11. T

 

he Defendant(s)'s account number was xxxxxx/xxxxxxxx.

 

It was a term of the bank account that any debit balance would be repayable in full on demand.

 

The Defendant(s) has failed to make payment as required by the statutory default notice served by HSBC bank plc.

 

The Claimant claims the sum of £25, xxx and costs.

 

The Claimant has complied, as far as is necessary, with the Pre-Action Conduct Practice Direction.

[factor59]

As far as we remember and have paperwork for,

this was definitely a credit card,

a gold credit card,

that was just sent to us with a credit limit of £25k.

 

Neither of us recalls asking for it, or signing anything for it.

 

It was definitely NOT a bank account, or a bank overdraft facility.

 

Thank you for your help

[AndyOrch]

Sounds about right ....not many with a O/D of £25k:-o

 

Date of the summons Factor?

[factor59]

15 October and we sent CPR letter by Special Delivery on 21st.

[factor59]

And we acknowledged on 21st too

[AndyOrch]

15 October and we sent CPR letter by Special Delivery on 21st.

 

And we acknowledged on 21st too

 

Defence is not due until 20th Nov

[dx100uk]

bank account...CCA ..urm..no!

 

god they are really dragging the barrel hoping to get away with that PoC.

 

dx

[AndyOrch]

May be an idea to get a section 78 request off ASAP Factor if you have not already...they will be in default by the time your defence is due.Include a cover note explaining that their recent claim is misfounded you dont or ever have a current AC or O/D.

[citizenB]

When did this "account" start ?

[factor59]

When did this "account" start ?

 

There isn't an account - it was a credit card from way back - definitely - we think it was sent to us in 2000 or 2001? Not really sure because all the original papers are long gone! We only have the last statement sent just before we defaulted.

[factor59]

May be an idea to get a section 78 request off ASAP Factor if you have not already...they will be in default by the time your defence is due.Include a cover note explaining that their recent claim is misfounded you dont or ever have a current AC or O/D.

 

Okay Andy, will do this tomorrow - is this the one where we need to send a £1 PO? I think we sent one of these off to HSBC for the other court thing that never came to fruition.

I think these MKDP people are chancing their arm?