Old HSBC Credit Card Debt – Claim Form from MKDP

[Flyboy583]

Hi All,

 

Just want to make sure I am going down the right track here. Yesterday I received a claim form with regards to an old HSBC debt for just over £4k. I have already filed my acknowledgment of service stating I intend to defend all of the claim.

 

Particulars of Claim reads as follow:

The claimant claims the sum of £4000 being monies due from the defendant of the claimant under a regulated agreement originally between the defendant and HSBC Bank Plc. The defendants account number was xxxxxxxxx and was assigned to the claimant on xx/xx/2011, notice of this has been provided to the defendant. The defendant failed to make payment in accordance with the terms of the agreement and a default notice has been served pursuant of the Consumer Act 1974. The claimant claims the sum of £4000 plus costs. The claimant has complied as far as necessary with the pre-action conduct practise direction.

 

My next actions now is to send the following CPR 31.14 request to MKDPLL.

 

What I want to know is:

1. Should I be asking for anything other than is stated in my CPR 31.13 request? (Agreement / default notice / creditors statement)?
   
2. Should I consider sending a Section 77 Request, or is that just overkill?
   
3. Have I missed anything?
   

 

template removed - dx

 

Thnaks in advance for any assisitance

 

Flyboy

[AndyOrch]

"What I want to know is:

 

Should I be asking for anything other than is stated in my CPR 31.14 request? (Agreement / default notice / creditors statement)? No you cant anyway its only for documents referred to in their PoC.

Should I consider sending a Section 77 Request, or is that just overkill? If its a Personal Loan absolutely if its an overdraft no

Have I missed anything? " No

 

If it is an Overdraft we have a different version of the CPR 31.14.

 

Regards

 

Andy

[Flyboy583]

Hi Andy,

 

Thank you for your response. No this is for a Credit Card. I asume that I can send my CPR31.14 (registered) today and wait for theiir response.

 

Kindest Regards

 

Flyboy

[AndyOrch]

Hi Andy,

 

Thank you for your response. No this is for a Credit Card. I asume that I can send my CPR31.14 (registered) today and wait for theiir response.

 

Kindest Regards

 

Flyboy

 

Yes send it to the solicitor named on the summons.Send your section 78 request separately

[Flyboy583]

Morning Andy & all fellow CAG members, I trust you are all well?

 

So no response from MKDP after the CPR request. Below is my proposed embarrased defence. Would you mind just giving it the one over? As always appreciate your help...

 

I,xxxx xxxx from xxxx xxxx, xxxxxx, xxxxxxx am the Defendant in this action and make the following statement as my Defence to the Claim made by MKDP LLP.

 

1. The Defendant is embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia: -

 

2. The Claimant’s Particulars of Claim disclose no legal cause of action and they are embarrassing to the Defendant as the Claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the Courts attention to the following matters;

 

a) The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written agreement referred to; the method the Claimant calculated any outstanding sums due, or any other matters necessary to substantiate the Claimant's claim.

 

b) A copy of the purported written agreement that the Claimant cites in the Particulars of Claim, and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim form.

 

c) A copy of any evidence of both the scope and nature of any default, and proof of any amount outstanding on the alleged accounts, has not been served attached to the Claim Form.

 

 

3. On receipt of the Claim Form the Defendant sent a CPR 31.14 request for a copy of the agreement and supporting documents which forms the basis of this claim

 

4. The documents requested were, in addition to the agreement as above, statements or statement of account showing how the balance claimed has accrued, a copy of the Default Notice, the Termination Notice and the Notice of Assignment. To date no response has been received from the Claimant.

 

5. It has been confirmed via the Royal Mail Website that the above letter was received and signed for.

 

6. Consequently, I deny all allegations on the Particulars of Claim and put the Claimant to strict proof thereof

 

7. I respectfully request a stay in proceedings until such time as the Claimant complies with the requests outlined in paragraphs 3 and 4 above or until the Court orders its compliance with the same. I will then be in a position to file a fully particularised Defence and Counterclaim and will seek the Court’s permission to amend my statement of case accordingly.

 

 

 

Statement of Truth

 

I, xxx xxxx believe the above statement to be true and factual.

[AndyOrch]

Dont use that FB its old hat and most of it is not relevant......

 

Here is a defence that I have drafted yesterday for another poster...it will give you an idea of form and content...have a go at editing it to suit your situation.

 

The particulars of claim read as follows:

 

1.The claimant claims the sum of 5232.23 for debt and interesticon. On 26/08/02 the defendant entered into an agreement with MBNA for a credit card under reference xxxxxxxxxxxxxxxx.

 

2.On 31/08/12 the defendant defaulted on the agreement with an outstanding balance of 4,873.34.

 

3.On 24/10/12 the debt of 4,873.34 was assigned to Aktiv Kapital portfolio As Oslo Zug Branch.

 

4.Notice of assignment was sent to the defendant in accordance with s136 Law of Property act 1925.

 

And the claimant claims

 

1. The sum of 4,873.34

2. Statutory interesticon pursuant to Section 69 of the County Courts Act 1984 at a rate of 8.00% per annum

from 24/10/12 to 25/9/13 358.89, & thereafter at a daily rate of 1.07 until judgement or sooner payment.

 

######Defence######

 

 

Paragraph 1 is admitted with regards to entering into an agreement with MBNAicon for credit facilities the agreement also included PPIicon which was unsuitable as I was self employed..

 

Paragraph 2 is admitted because MBNA were and still are in default of my section 78 request dated xxx xxxxx xxxx.MBNA did not serve a Default Notice.

 

Paragraph 3&4 are denied as yet the claimant has failed to serve a Notice of Assignment accordance with s136 Law of Property act 1925 and therefore yet to prove they are entitled to bring this claim.

 

On receipt of this claim I requested a further section 78 request from the claimant dated xxx xxxxxx xxxx sent recorded and delivery and signed for on the xxx xxxxx xxxxx.The claimant has yet to comply.

Furthermore on the xxx xxxx xxxxx I requested copies of the documents referred to in the claimants particulars of claim by way of a Civil Procedureicon Request 31. PD 14.The claimant has yet to respond.

 

On the xxx xxxx xxxx I requested extra time to submit my defence by way of a CPR 15.5 to enable the claimant to comply with the above requests.The claimant responded they are unable to serve the information at this time but agreed to an 14 days to submit my defence......to start after they have complied with my disclosure requests and not stating an agreed time for submission.

 

It is my contention that the claimant has acted this way to frustrate and confuse my submission date to enable themselves to attain a judgment by default.

 

Therefore 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

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

 

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

 

On the alternative, if 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.

 

Until such time the Claimant can comply with my request for a copy of the agreement/Default Notice it relies upon they are prevented from enforcing or requesting any relief as pursuant to the CCA 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

 

 

 

Okay complete the dates marked xxxxxxxx and check for accuracy ...edit to suit if you are not happy with any of the above.

 

Copy and paste into MCOL and print a receipt of submission time dated.

 

Regards

 

Andy

[Flyboy583]

Thanks Andy,

 

I will have a good read through the above and amend before posting back on here.

 

I have unti next Friday to respond.

 

Just one think I only send a CPR request and not a section 77. Was that a school boy error as I now dont have enough time to post a section 77 and recieve a response (if any) from MKDP?

[AndyOrch]

If you send one today you can still refer to it in your defence...

[Flyboy583]

ok will do

[Flyboy583]

This is what I will post today. One quick question. I have two cases with MKDP LLP do I need to send a section 77 for each or can I send one and refer toto both cae no`s?

 

Dear Sir or Madam

 

template removed dx

[AndyOrch]

No one per agreement...credit cards are section 78...it is important to head the request " I do not acknowledge any debt with your company" as the debts have been assigned.

[Flyboy583]

Thanks Andy so here goes :

 

template removed - dx

[Flyboy583]

Andy just checked I only have the case no so have refered to this in my S78 request. This should be enough to link everything I am sure.

[Flyboy583]

No one per agreement...credit cards are section 78...it is important to head the request " I do not acknowledge any debt with your company" as the debts have been assigned.

 

Andy is an overdraft a S77 or also s78?

[AndyOrch]

Andy just checked I only have the case no so have refered to this in my S78 request. This should be enough to link everything I am sure.

Doubt it are the account numbers not referred to in the POC?

 

Andy is an overdraft a S77 or also s78?

Neither... the the CCA1974 does not cover O/D except for PartV so do not request one

 

 

Andy

[Flyboy583]

Doubt it are the account numbers not referred to in the POC?

 

Yes the old HSBC acc no is mentioned. Did not think I should use this as the acc is now with MKDP. WIll amend the S78.

 

Neither the the CCA1974 do not cover O/D except for PartV do not request that one

 

Ok, will not send any more documentation for my case re: overdraft (see below link) Will just wait and see if I get a response to my CPR request. Thanks Andy!!

 

Andy

http://www.consumeractiongroup.co.uk/forum/showthread.php?408783-Advice-on-defence-for-old-HSBC-overdraft-now-with-MKDP-LLP&p=4391327#post4391327

[Flyboy583]

Hi All,

 

I would realy appreciate any help here.. I am running out of time fast and would appreciate any help!

 

I have researched as much as I can and am really getting baffeled. Below is my defence that I have pulled together. I dont have any original documents to go on so am struggeling with a defence. I have send a CPR 31.14 request (see above) with no response. I know that oveerdrafts is not covered by a section 77/78 request so has not bothered.

 

This is my defence.. any help is appreciated!

 

Particulars of Claim reads as follow:

 

1)The claimant claims the sum of £1207.13 being monies due from the defendant to HSBC Bank PLC under a bank account facility regulated by the Consumer Credit act and assigned to the claimant on xx/xx/201. 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.

2) The defendant failed to make payment as required by the statutory default notice served by HSBC Bank Plc.

3) The claimant claims the sum of £1207.13 and costs. The claimant has complied as far as necessary with the pre-action conduct practise direction.

 

***Defence***

 

1. Paragraph 1 is neither admitted nor denied with regards to the Defendant entering in to an agreement referred to in the Particulars of Claim ('the Agreement') with HSBC Bank PLC. 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

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

 

 

2. Paragraph 2 is denied with regards to the Defendant defaulting on payments and the Claimant is put to strict proof to evidence this breach.

 

3. It is denied with regards to the Defendant owing any monies to or that the claimant/original creditor served a valid Notice of Assignment the Claimant 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

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

 

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

 

5. On the alternative, if 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.

 

6. On receipt of the claim form the Defendant sent a CPR 31.14 request dated xxxxxxx for a copy of the credit agreement, default notice, notice of assignment and a statement of account showing how the amount claimed has been reached, which form the basis of this claim. This was signed for by the claimant on xxxxxxx. The claimant has yet to comply.

 

7. Further, by reason of the fact that there is no document which has been signed by the Defendant containing a correct statement of the amount of the credit under the Agreement, and by reason of Section 127(3) of the Act, the Court has no power to make an enforcement order in respect of the Agreement because a term stating the amount of the credit is a prescribed term for the purposes of Sections 61(1)(a) and 127(3), prescribed by the Consumer Credit (Agreements) Regulations 1983, regulation 6(1) and paragraph 2 of Schedule 6.

 

9. 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.

[Flyboy583]

Bump

 

Any advice? Please guys.. I am worried that I am missing something here as nobody has replied to my posts... I would realy appreciate any input.

 

Thanks in advance

 

Flyboy

[kpops79]

Did anybody get back to you? How are things going? I'm in the same situation and need to draft an embarassed defence by Friday.

[Flyboy583]

Did anybody get back to you? How are things going? I'm in the same situation and need to draft an embarassed defence by Friday.

 

Hi kpop,

 

I never had a response from them for the credit card, so for the moment it is stayed… The overdraft they have pressed on with. I am now waiting for mediation.

 

What is your debt? CC or overdraft? Either way, if you follow the advice Andy gave me on this thread then you can’t go wrong..

[kpops79]

Many thanks for getting back to me Flyboy! I've had some advice from Andy on my thread too. It's a CC but the POC only mentions sort code and acct number of a current account. Good luck going forward!!