County Court Claim Form - Loan From HSBC - MKDP LLP Claimant***Claim Struck Out***

[gettingthere]

Firstly thanks to Andy and we will get that off in the next couple of days.

 

Re the SAR to HSBC it was sent to HSBC Bank Plc, Service Quality Team, Arlington Business Centre, Millshaw Park Lane,Leeds LS11 0PP. It was sent recorded delivery but the signature slip on 7th may just says 'redirected'. Then on 1st July we received the letter from HFC dated 28th June enclosing our original letterand cheque saying they were unable to action the request as the letter was not signed and they were unable to locate any accounts with the information we had provided. We have resent the letter with previous address history and date of birth and the account numbers again clearly stating they are HSBC accounts. The address on the letter was HFC Bank, PO Box 5137, Coventry, CV3 9EP and that is where we have sent the request and cheque. It all seems very dodgy though.

[citizenB]

They are supposed to respond "swiftly" where any information or clarification is required. I do not consider responding to a letter dated 7th May, on 1st July .. swift.

 

You might want to consider a complaint to the Information Commissioner !

[gettingthere]

Just a quick point for Andy - Do we also tick the box on Page 1 of N181 asking for a one month stay as they have done?

 

Citizen B - Thanks we will sort that out as well tomorrow plus I have found a phone number for the Customer Service Team for HFC at the address given so they can have a phone call as well to ask them what is going on.

[AndyOrch]

]Just a quick point for Andy - Do we also tick the box on Page 1 of N181 asking for a one month stay as they have done?[/b]

 

Citizen B - Thanks we will sort that out as well tomorrow plus I have found a phone number for the Customer Service Team for HFC at the address given so they can have a phone call as well to ask them what is going on.

 

Yes

[gettingthere]

Thanks

[gettingthere]

N181 and Draft Directions sent to court and claimant by recorded delivery today.

[barkimber]

I have been following this thread amongst others as being in a similar postion with MKDP issuing a court claim out of the blue for an old barclaycard debt.

 

I sent a CPR31.14 request to which they did not respond but last week sent me the court form for allocation to the small claims. I wrote to them and said I was going to complain to the Information Commissioner about their failure to provide me with papers.

 

I received a very prompt response which included some of the papers, several sets of T&C's wtih no date which were supposed to be the reconstituted agreement, a default notice from mercers with an amount that did not match the amount claimed, and a notice of assinment. They said they had sent me a letter before action but ommitted this from the papers although I had requested it, also part statements were sent not very clear (there would have been many penalty charges).

 

The letter they sent me was 'very angry' and in the last paragraph accused me of 'various vexacious tactics to delay repayment of the debt ..' and that if I did not respond to them within 14 days withdrawing my initial defence (I lifted that from here based on having no paperwork from them) they would send my correspondence to the court purusant to CPR 27.14(2)g.

 

All this because I persisted in my request for CPR31.14 paperwork. Not sure where I shall go from here but I was pretty shocked by their letter.

Edited July 28, 2013 by slick132
usied paragraphs to space

[citizenB]

barkimber, I will leave your post above in this thread - but it might be in your interest to start a separate thread of your own - simply because we don't want responses to your situation muddling those with gettingthere's

[barkimber]

Ok, thanks I haven't been able to work out how to start a thread yet!

[slick132]

Bark's posts copies to their own new thread here - http://www.consumeractiongroup.co.uk/forum/showthread.php?398244-MKDP-file-court-claim-re-BC-a-c&p=4299194&viewfull=1#post4299194

 

[gettingthere]

Regarding the SAR to HSBC we have now received yet another reply from the same address as in Post 51 but this time with the letter heading saying HSBC. The letter is almost identical to the one on HFC headed paper and again states they can find no accounts with the details we have given them (Full sort codes and account numbers were given plus full name DOB and previous addresses).We really are at a loss what to do now, we have rung the number given on the letter and they were worse than useless. They say they cannot find any accounts in his name. It does not look like we are going to get any information from HSBC about his accounts!

[slick132]

Just to confirm, is it the case that HSBC can find nothing regarding this a/c and MKDP have still not supplied a credit agreement in response to the CPR31.14 request.

 

[gettingthere]

Yes that is correct. They have supplied us with nothing to date and have not even acknowledged the requests under CPR 31.14 or the S 77/78 CCA 1974 request.

HSBC state they cannot find any accounts in his name or with the account numbers provided (numbers are correct - I have checked/double checked and then checked again!)

[gettingthere]

We have received a N24 Standard Order for stay for settlement today from Northampton (CCBC) County Court. (Image attached)

 

Do we need to do anything further at this stage such as write to MKDP. They have still not responded to both our CPR 31.14 request or the S77/78 CCA 1974 request.

 

Do we need to submit a further completed directions questionnaire to the court by 27th August as I thought we had already done that together with Draft Directions? (Post 56)

[slick132]

Hi GT,

 

We must assume the court decided NOT to adopt your Draft Directions.

 

Instead the Circuit Judge Court Officer has ordered a Stay on the case to allow you to negotiate with the bank.

 

I suggest you take the opportunity to write to MKDP saying:-

 

I have received the court's notice of a Stay on the case until 27th August for the parties to attempt to reach a settlement.

 

I must remind you that you have failed to reply at all to my CPR31.14 request of xxdate requesting important information.

 

I enclose a copy of that letter and request that you supply the information requested within 7 days.

 

Failing this, I will inform the court of your failure to comply with my reasonable request.

 

Before you send this, please wait while I ask someone better qualified to check or comment.

 

[gettingthere]

Thank you

[citizenB]

It is quite odd that despite a claim having been issued, no paperwork can be found ?

[slick132]

I've now heard from Andyorch who gave the following advice :-

 

For the DJ to order this...... either party must have selected yes to mediation...hence the stay. Its quite normal to have to resubmit a further DQ if mediation fails...so attach the Directions again.

 

To be honest I see little point in chasing a CPR request under normal circumstances as the claimant is not compelled to comply to a civil request.They will have to disclose at standard disclosure further into the process.

 

But if you are advising the above to facilitate mediation then yes its ok but not to justify a defence.

 

[gettingthere]

Ok thanks for that. We will send a polite letter asking if they have the requested paperwork. I will put the letter on here once we have drafted it.

[gettingthere]

We sent a polite letter to MKDP just outlining our previous requests under CPR 31.14 and S77/78 CCA 1974 there has been nothing from them yet.

[citizenB]

And the claimant has made no contact re mediation ?

[gettingthere]

No contact at all from the claimant about mediation.

[gettingthere]

Directions Questionnaire posted last week (recorded) to Northampton together with Draft Directions as per instructions on N.24 (due today 27/08/13) plus copy to MKDP LLP.

 

We have still not heard a word from MKDP LLP despite all our requests. There was no attempt by them to mediate over this matter.

 

I suppose its now a case of wait and see what the next step is.

[slick132]

Yes, the court will contact you with further Directions for the claim.

 

[gettingthere]

Update - Still nothing heard from anyone regarding this.