Help Please. Claim received from MKDP on behalf of HSBC.What do i do?

[Dave Tat]

Yesterday 16/10/13 i received 2 seperate claim forms from MKDP on behalf of HSBC. The debts as far as i can remember are from a credit card and an overdraft from accounts i had about maybe 6 yrs ago. MKDP say they were assigned the debt on 8/12/11.

 

Now i admit that there was a debt that was at a time when i was going through a messy separation but i believe a major part of the debt were charges put on by the bank after i spoke to them to explain the situation and reqested time to pay. When the debt got bigger however i did ignore letters.

 

Is it worth defending this claim as i really dont want to pay the charges/interest that were put on when things went bad.

Also i have no paperwork i can refer to that shows the charges or the amount of the debts before i got into trouble with them.

 

Hope someone can help me with this. Also it says i have 14 days to respond.

 

Another thing im worried about is i will be out of the country for a few weeks (work) at the end of November, what happens if i miss some corespondance.?????????

 

HELP

Edited October 17, 2013 by honeybee13
Formatting

[honeybee13]

Hello and welcome to CAG.

 

Is that one claim for each loan please? It will help the guys if you could tell us the following.

 

What is the issue date, top right hand side of the form? And can you type up the particulars of claim for us, minus any personal information?

 

My best,

 

HB

[AndyOrch]

Hi Dave

 

If you could be a little more specific has the advice given will be completely different.

 

If it is over 6 years and you have not acknowledged or made payment then you can defend this as the claims are statute barred...a total defence.

If not you will require further information their claim is based on this is done by way of a CPR 31.14 request.

 

You have 33 days in total (5 deemed served) so 28 reaming ..assuming you defend.14 days to acknowledge service and a further 14 days if you are submitting a defence.

 

You will have to do all actions in duplicate.

 

Regards

 

Andy

[Dave Tat]

Thanks for the fast replies. The date of issue for both claims is 14th October 2013. The particulars of claims are as follows;

 

1. The Claimant claims the sum of £****** being monies due from the Defendant to the Claimant under a regulated agreement originally between the defendant and the HSBC Bank PLC. The defendants account number was *********** and was assigned to the claimant on 08/12/2011, 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 of £**** and costs.The Claimant has coplied, as far as is necessary, with the pre-action conduct practice direction.

 

2. The Claimant claims the sum of £****** being monies due from the Defendant(s) toHSBC Bank PLC under a bank account facility regulated by the Consumer Credit Act 1974 and assigned to the claimant on 08/12/2011. The defendant(s)'s account number was ***********. 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 £**** and costs.The Claimant has coplied, as far as is necessary, with the pre-action conduct practice direction.

 

I may have made a payment on one of these debts about 4 yrs ago but have never spoke to anyone over the phone or relied to any letters.

[AndyOrch]

OK for 1. you need to request information pertaining to their claim by way of a CPR 31.14 request and also request a copy of the agreement by way of a section 77 request.

 

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

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974

 

On 2 you need to use the second version of the CPR 31,14 for current accounts.

 

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

 

But if you can determine 100% that both are statute barred you need not bother with the above ...a simple SB defence will suffice for both.

 

Worth researching now and find those last payment dates.

 

Andy

[Dave Tat]

Ok Thank you.

If i request the information that you recommend would that give details of when or if i have made a payment or not.

 

Regards Dave

[Dave Tat]

Also i will try to find out if a payment was made. Im almost sure that there wasnt. If i used that defence and it was shown that a payment had been made what would happen.

And, do i have to attend a court for any of this?

 

Thanks

[Dave Tat]

If i send the above paperwork does this constitute acknowledgement of either debt?

Sorry for all the little questions but its worrying.

 

Thanks for the help so far

[AndyOrch]

Ok Thank you.

If i request the information that you recommend would that give details of when or if i have made a payment or not. No you should speak to HSBC

 

Regards Dave

 

Also i will try to find out if a payment was made. Im almost sure that there wasnt. If i used that defence and it was shown that a payment had been made what would happen. Thats why you have to be 100% sure

And, do i have to attend a court for any of this? Only if you defend

 

Thanks

 

If i send the above paperwork does this constitute acknowledgement of either debt? No

Sorry for all the little questions but its worrying.

 

Thanks for the help so far

 

Regards

 

Andy

[Dave Tat]

Thank you Andy much appreciated, i have 100% not had any correspondance with HSBC regarding any of this debt but i did make a couple of payments to Wescot Debt collection about 4yrs ago but im not sure what debt this was for. To get the info from HSBC do i contact them by mail and just ask about the accounts or do i try and speak to them over the phone.

 

I have prepared the cpr request letters as recommended, should i send these anyway whilst waiting to speak to HSBC.

 

Thanks

[AndyOrch]

Then you now need to find out what debt Wetcloths were chasing and if it was this debt...if it was HSBC...which one was it?

 

Yes send the CPR requests irrespective.

 

Andy

[Dave Tat]

Ok i have sent the letters to MKDP, what do i do with the court order? do i have to put a defence in at this stage?

 

Also i have searced paperwork to see if i have any record of any payments to the debt but cant find any. What would you say is the best way to find this out?

 

Cheers

[AndyOrch]

Ok i have sent the letters to MKDP, what do i do with the court order? do i have to put a defence in at this stage? No read the time line in post 3....you acknowledge only first

 

Also i have searced paperwork to see if i have any record of any payments to the debt but cant find any. What would you say is the best way to find this out? post 9

 

Cheers

 

 

Andy

[Dave Tat]

Aaaah ok sorry.

 

Thank you

[Dave Tat]

Went into HSBC today and they said that regarding the current/overdraft account that they closed it on 26/03/ 2009 at which point it was passed to Metropolitan, but that there had been no activity (monies being deposited) from July 2007 apart from interest added by them.

Does this qualify as statute barred ?

 

I have yet to speak to them about the credit card debt.

 

Regards

Dave

Edited October 21, 2013 by Dave Tat

[AndyOrch]

So it would appear the O/D claim is SB....jut the CC to check on now.

 

Andy

[Dave Tat]

Hi, i still cant get any answers from HSBC credit card sevices about when last payments were made.

 

Also the information i requested from MKDP has also not turned up.

 

Do i have to contact the court regarding when a hearing will be or do i just submit a defence?

 

And if i submit a defence and it is not successful what happens?

 

Its all starting to worry me

[AndyOrch]

Why cant they give you an answer ? Does it show on your CRA files?

 

With regards to the other claim O/Draft you simply submit the Statute Barred defence...you have a little time yet..... re the CC claim.

 

You must Acknowledge Service by Thursday for both claims and defend all.

 

Regards

 

Andy

[Dave Tat]

Thanks for the fast reply, i have already acknowledged service for both and stated i would defend.

 

HSBC just give me the runaround on the phone saying they cant find the information, what are CRA files and how do i obtain them.

[AndyOrch]

Well thats good info if HSBC cant find information then MKDP have no chance.......I would put a SB defence in for both.

 

CRA = Experian ..Equifax

[Dave Tat]

Update is that i have heard nothing from MKDP regarding the information i requested. Are they obliged to give me this information and what happens if they dont ?

 

Also i got a CRA report and neither of the debts are listed.

 

Am i right that next Thursday is the time when it is heard in court:?:

 

And ;

How do i defend using 'statute barred' as a defence.

 

If the court turns down the defence what happens, as i am away the week after so will not be able to respond to anything from the court till i get back after a cpl of weeks. Should i just ring the court and explain that i will be away:?:

 

Sorry for the list of questions again, i am really grateful for the help.

[AndyOrch]

Claim was issued on the 16th Oct have you acknowledged service? Long way off before this see,s a court room.

[Dave Tat]

Hi Andy,

 

Yes i acknowledged in about 10 days.

 

Regards Dave

[AndyOrch]

Well you only needed to Acknowledge by the 2/11 and a further 14 days gives you a date of 15/11 to submit a defence.

[Dave Tat]

How do i submit the defence? and shall i inform the court that i will be away from the 20th.

 

(im actually feeling really thick here)