MKDP HSBC Court claim statute barred plus more...

[Chris1985]

Hi guys,

 

Could do with some help. Rec'd court papers yesterday from MKDP regarding an old HSBC loan account. Have already filed my AOS and intention to defend the claim in full, but need some advice on my defence before I go any further.

 

POC:

 

The Claimant claims the sum of 2xxx.xx being monies due from the Defendant(s) to HSBC Bank plc under a bank account facility regulated by the Consumer Credit Act 1974 and assigned to the Claimant on xx/xx/xxxx. The Defendant(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 2xxx.xx and costs. The Claimant has complied, as far as is necessary, with the Pre Action Conduct Practice Direction.

 

Now there's a few things wrong here:

 

1. The account number provided relates to a bank account I held with HSBC. However, the alleged debt was a personal loan under a different number. This claim should be for a loan not a bank account.

 

2. I haven't made any payments or acknowledged this debt since sometime in 2006. It is 100% statute barred although defaults don't expire until early next year.

 

3. There are 2 defaults registered on my credit file for this debt. Both with different account numbers, one registered to MKDP LLP and one to HSBC, registered 5 days apart, neither account number relates to the one stated in the POC. Both defaults are for the same amount which is the amount stated in the POC.

 

I'm quite looking forward to taking this on, but i'm unsure whether I should go down the standard statute barred defence route or if things are different because of the points I have made above.

 

Thanks in advance for any help.

[AndyOrch]

Hi Chris and a warm welcome to CAG

 

Have you sent a section 77 request to the claimant ?

 

Regards

 

Andy

[Chris1985]

Hi Andy,

 

Done nothing at the minute apart from file the AOS. Wanted advice from you lovely people before I do anything else.

[AndyOrch]

Ok well its obviously Statute Barred assuming this is the Personal Loan and their particulars are wrong.

 

You have 33 days in total 5 deemed served so 29 remaining subject to how you wish to proceed.14 days to AoS and if defending a further 14 days to submit your defence.

 

You could have a bit of fun using the CPR 31.14 requesting documents referred to in their particulars of claim.

A section 77 request is a legal request for a copy of the agreement..they have 12 +2 days to comply otherwise they are in default and will be in default at the time you submit any defence (not that it would be required as this is perceived to be SB anyway.

 

Both request templates can be found in the CAG Library

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?403-CAG-Library

 

Regards

 

Andy

[Chris1985]

Thanks for that, should I just send one or go for both? I'm more than happy to toy with them!

[Chris1985]

Oh, and what do I do with regards to a defence if they are in default when my 28 days is up? Thanks.

[AndyOrch]

Thanks for that, should I just send one or go for both? I'm more than happy to toy with them!

Both they can decline to respond to a CPR request but not a section 77.

 

Oh, and what do I do with regards to a defence if they are in default when my 28 days is up? Thanks.

Makes no odds as its statute Barred anyway you are just having fun with the CPR and making them work for their profit as with the section 77 request that will place them in default should they challenge your Statute Barred defence

 

Regards

 

Andy

[Chris1985]

Cheers Andy. So should I submit the standard statute barred defence in the meantime?

[Chris1985]

Oh, and do both letters go to MKDP or does S77 go to HSBC?

 

Cheers

[AndyOrch]

They go to the claimant or sols named on the N1...don be in a rush to submit your SB defence just yet ...take the time available to research and prepare...you have 33 days.

[AndyOrch]

Also it is important to write the heading on your section 77 Request " I do not acknowledge any debt with your company" pay the stat fee of £1 with a Postal Order and send recorded dell...you can send the CPR request 2nd class for all it matters.

[Chris1985]

Also it is important to write the heading on your section 77 Request " I do not acknowledge any debt with your company" pay the stat fee of £1 with a Postal Order and send recorded dell...you can send the CPR request 2nd class for all it matters.

 

Had reply this morning, unable to reply at moment, will contact creditor, do their best etc. No mention of court claim, where do I go with regards to submitting a defence which is due in a few days? Cheers.

[AndyOrch]

Just submit the SB defence on time.

 

 

Andy

[Chris1985]

Will do, cheers Andy.

[Chris1985]

Will do, cheers Andy.

 

Just to update. Filed DQ etc, now both parties have until 22nd May to submit documents intending to rely on to court. Guessing I don't have to do anything seeing as its them that need to do the proving?

 

Cheers

[AndyOrch]

Did you receive a copy of their DQ Chris...any useful info if you did?

[Chris1985]

Did you receive a copy of their DQ Chris...any useful info if you did?

 

Bloody idiot! I reported your post instead of replying, sorry!

 

Received it eventually. They were late filing it. Is there anything I should be looking for on there?

[Chris1985]

Bloody idiot! I reported your post instead of replying, sorry!

 

Received it eventually. They were late filing it. Is there anything I should be looking for on there?

 

Any idea what I should be doing mate?

[AndyOrch]

Nothing in particular unless there is anything under " other " information...the N180 is pretty limited as to what the claimant can do apart from allocation.

 

Have you now received your Notice of Allocation with the directions ?