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MKDP court claim on 2001 HSBC loan - please help


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Hi All I have been advised by a friend to visit consumer action group for help

I have been reading some post already and got some ideas on what todo.

 

My Problem is with MKDP LLP

I received a court claim form dated 2/12/13 from Northampton Court

from a company called MKDP LLP claiming that a owe them £12,211

see pic of particulars

I have sent them a request for details twice once on 5/12/13 and again 17/12/13 via email and post

but have received nothing no reply whatsoever

 

I have until the 30/12 I think to file a defense to the court but having received no documents I really don't know what to write

Can anybody help with my defense please ? and give me any advise on what I should do next?

 

Thank you in advance :-)

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Hi and welcome to CAG

 

I have moved your first post to the legal issues forum where you will get far more help than where you were.

 

Please bear in mind it is still the holiday season and most of the regulars won't be around (yet) so if you get no response, just 'bump' your posts tomorrow

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Hiya, While you wait for the legal bods to reply, could you provide as much info about your debt as possible? This will enable them to help advise on the next best course of action.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Yes No problems I took the loan out in 2001 with HSBC I was young and foolish ! No Excuse I know! :oops:

I think I stopped paying in 2007/08 the default date on my credit file says 04/2009

I moved away and only now I have settled I have received this court letter, I have never received any default notice etc to my knowledge.

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Have you acknowledged the claim?

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Any chance you can hunt your statements out and find the exact date of last payment? Also, are you in england/wales or scotland.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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get a CCA request off to the claimant

and a cpr 31:14 too

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I have acknowledged the claim

Unfortunately I don't have any old statements and don't bank with the same bank anymore

I'm in England

 

I have sent a cpr 31:14 on 5/12/13 and chased with another letter including the 1st cpr 31:14 on 17/12/13

I have had no reply from either

do I need to send a CCA as well?

Do you think I have time as the claim is dated 2/12/13?

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Timeline

 

Issue date 2 December + 5 days for service = 7 December + 14 days to acknowledge = 21 December + 14 days to submit defence = 4th January 2014. I am not sure if you get extra days due to the bank holidays.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Questions,

 

did you acknowledge the claim online before 21 December ?

 

did you receive the Notice of Assignment from MKDP and did you respond to that notice asking for proof of liability, copy of the agreement etc ?

 

you ceased payment in 2007/8, because ?? was there a dispute of some kind ?

 

was there any penalty charges or PPI applied to the account.

 

was this one of HSBC's "Managed Loans" ?

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Questions,

 

did you acknowledge the claim online before 21 December ?

 

did you receive the Notice of Assignment from MKDP and did you respond to that notice asking for proof of liability, copy of the agreement etc ?

 

you ceased payment in 2007/8, because ?? was there a dispute of some kind ?

 

was there any penalty charges or PPI applied to the account.

 

was this one of HSBC's "Managed Loans" ?

 

 

I acknowledged the claim online on 5th December

 

I have never received anything from MKDP

 

I stopped paying as I couldn't afford and hid my head in the sand! stupid I know!

 

I cannot remember taking any PPI etc

 

It was an unsecured loan again with it being so long ago i'm unsure if it was a managed loan it could have been and cannot find any paperwork

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Timeline

 

Issue date 2 December + 5 days for service = 7 December + 14 days to acknowledge = 21 December + 14 days to submit defence = 4th January 2014. I am not sure if you get extra days due to the bank holidays.

 

Thank you I have longer than I thought then

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I have left a message for others on site team to help.. but they might not be around until tomorrow.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Share on other sites

:)

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Did you send off the cca request as advised by dx on dec26, if not do so immediately.

 

You are going to need to send a CPR 15.5 request to the sols acting for the claimant to agree a 28 day extension for filing your defence

- letter for this in library under legal.

 

Have you ever previously made a cca request in respect of this ac?

 

Did you request copies of all the docs mentioned in the poc in your CPR 31.14 request?

 

The wording of the poc is vague regarding dates of docs,

suggesting claim may have been issued without supporting docs in the hope of a judgement by default,

if they dont reply to,

or comply with,

your cca request within 12 +2 at least you will be able to rely on s77(4),

albeit maybe only temporarily as an initial line of defence

PLEASE HELP US TO KEEP THIS SITE RUNNING

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Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Ok thanks I will send both letters do I need to inform the court? As my defence is due 4/1/14 ?

as your date is so close, you should seek agreement to your cpr15.5 request by email, but it is then your duty to inform the court once agreed in writing (by letter or email)

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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