Jump to content


MKDP LLP Court Claim HSBC account ***Claim Struck Out***


iyam71
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2900 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hoping someone can help with the above. I've just received a claim form from MKDP LLP for an old HSBC account. I defaulted over 3 years ago on an overdraft of £1000 and a credit card for £5000.

 

To cut a long story short I ended up in serious financial difficulty and could not afford to continue repayments, and seeing as HSBC were the primary cause of these difficulties I wasn't going to prioritise repaying them. Having read a few threads regarding MKDP on here and seeing the quotes about them issuing these 'like confetti' in the hope of getting a CCJ by default, I'd appreciate any advice on how to go about defending the claim.

 

The particulars of claim column only refers to a bank account facility (it lists the account number) and makes no mention of the credit card - the two debts were bundled together once I defaulted. So at face value it looks like they are claiming for an overdraft debt of over £6000 when the overdraft was only £1000 and the rest was a credit card debt. Should I request a statement showing how they have reached that figure? Or is this standard procedure, and if so should I go down the road of requesting a CCA?

 

I'm surprised at their decision to pursue this course of action as any background checks would have indicated they are wasting their time. I have no income or assets and cannot claim anything because of my partner's income.

 

Any advice would be most appreciated, thanks in advance.

Link to post
Share on other sites

  • Replies 118
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hello Iyam71.

Firstly not to panic. Someone will be along soon to give advice about the o/draft situation. As for the credit card debt I would send off for a copy of the/any agreement. If this is an old credit card chances are HSBC will not have a copy now so MKDP could be on a sticky wicket. Whatever you do DO NOT SPEAK to these people over the phone unless you can record every part of the conversation, and then I would still not speak to them. Keep everything in writing. Someone else will be along to advise what to do regarding the court claim but I would get off the CCA request ASAP.

Link to post
Share on other sites

Thanks for the replies. Regarding the CCA it was taken out around 2001.

 

POC:

 

The Claimant claims the sum of ****.** 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 29/01/2013.

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 complied, as far as is necessary, with the Pre-Action Conduct Practice Direction.

Link to post
Share on other sites

do you have all your statements? and how exactly were the debts "bundled together" on default?and who by HSBC? or after assignment?

Edited by theoldrouge
additional comment

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.

Link to post
Share on other sites

so did you receive a seperate default notice under s87 and a termination notice for your credit card?

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.

Link to post
Share on other sites

you must also watch your timetable. 33 days in total, 5days deemed served, 14 days to acknowledge, and a further 14 to defend.

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.

Link to post
Share on other sites

I received a default notice for the credit card only dated 22/11/10. Then a letter informing me that all of my banking facilities had been withdrawn on 23/11/10. I then received a final demand for the entire sum dated 1/1/11 before it was passed on to DCA.

Link to post
Share on other sites

what was the remedy date on the default notice?

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.

Link to post
Share on other sites

for a start, I suggest you send a request under cpr 31.14 (letter in library)to MKDP for all the docs they are relying on, also a cca request for the credit card. Have a read of cpr 16.5, it will give you some guidance on your defence. Should you need more time you can request an extension for filing your defence by upto 28 days under cpr 15.5. I would also send a SAR to HSBC to see exactly what has been done. Was there any ppi or charges on your cc ac?Before submitting any defence post it up here for comment and advice

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.

Link to post
Share on other sites

OK. Will get started on that tonight. Just to clarify I send a request for the docs and CCA agreement to the solicitor named on the claim form, at the address on the claim form for MKDP. There was no PPI and no charges on the CC account. Will post everything up on here as it's done. Again, thanks for all the advice.

Link to post
Share on other sites

yes to the solicitors,just watch your timetable as above

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.

Link to post
Share on other sites

The letters requesting the docs from MKDP and the CCA request are done and ready to send. When should I reply to the claim form? Got a rough idea of what to submit as defence but until I know what documentation MKDP have and whether they have a CCA I can't be sure. All I am sure of is that most of the debt was on a credit card, of which there is no mention on the POC. Only reference to a 'bank account facility'.

Link to post
Share on other sites

def SAR to HSBC, so you had an od with agreed facility of £1000, so I would also suggest a formal complaint to HSBC demanding to know how a terminated cc ac balance of £5000 ended up on a current ac with a £1000 limit- on what or whos authority was this done? What correspondence have you had from hsbc and mkdp since termination?

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.

Link to post
Share on other sites

HSBC began to refer to the debts jointly in a letter dated 2/11/10, although in the final demand dated 1/1/11 they included a breakdown of what was owed on each account. From then I received a variety of letters from assorted companies/solicitors until I received letters both dated 19/2/13 from HSBC and MKDP saying the debt had been sold. Both letters refer only to the bank account. If possible could you give me an idea of what to prioritise in sending the docs request/CCA request/ SAR/claim form? Obviously all asap but at what point to send the claim form isn't clear to me. Nor what to do should I not receive any of the documents in time/at all.

Link to post
Share on other sites

You havent provided the date of issue of hte Claim form, so you need to fill in the blanks in order to establish your timeline.

 

Issue date XX + 5 days for service = XX + 14 days to acknowledge the claim = XX + 14 days to submit defence = XXX

 

That is 33 days from the date of issue.

 

So you believe they have added both an overdraft and a credit card balance into one claim without a breakdown of the figures ?

 

YOur SAR should request everything they hold in respect of your financial relationship with them.

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

Link to post
Share on other sites

ah, you have proof of seperate acs after termination then(hsbc letter 1/1/11)so they cant wriggle on cca request. so 5 days deemed served, then 14 to acknowledge,then 14 to defend , make sure you stick rigidly to this timetable docs or not, get all requests sent

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.

Link to post
Share on other sites

Date of issue 6th Jan so they need the acknowledgement form by 25th Jan and the defence by 8th Feb. It looks to me like MKDP have bought a bank debt for £6000 of which £5000 was actually a credit card debt, due to HSBC 'bundling' the two together when they withdrew the banking facilities and issued the default notice for the credit card. Otherwise they surely would have referred to the credit card in the POC and listed the account number. Do they need to provide specific details of each individual debt should there be more than one? Or can they claim for them all under the term 'bank account facility'?

 

And if this is the case I don't see how they can have a copy of the CCA. So assuming MKDP have no knowledge of the credit card does that make the whole claim invalid, or can they still go after the bank debt?

Link to post
Share on other sites

imo, now you have said that you have proof of seperate accs post termination, I cannot see how they can suceed in their claim as it stands

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.

Link to post
Share on other sites

  • 2 weeks later...

Just a quick update. I've sent off the acknowledgment of service (which has been received), the 31.14 request for docs and CCA request to MKDP, and the SAR request to HSBC. I now have until 8th February to submit the defence. Am I best served by leaving this until I receive any of the documentation requested (assuming the requests are met) or just send it in regardless? Got a rough idea of what to include after having a look at a few other similar threads but will post it up here before submitting. And in reply to the above post can anyone explain what would happen assuming MKDP fail with this claim, more specifically, can they and are they likely to come back with another? Again, thanks for any advice.

Link to post
Share on other sites

yes, wait for the time being to see what docs you receive

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.

Link to post
Share on other sites

Reply to SAR request this morning. Unfortunately they are saying that the signature I used on the letter does not match the one on their records. So they are asking for another signature, one that does match their records! They wouldn't be likely to use delaying tactics for any reason I suppose? Bearing in mind the debt was sold to MKDP a year ago.

Link to post
Share on other sites

Sounds to me as though they are attempting to stall.

 

Has your signature changed very much ? Did you in fact ever provide them with a signature ?

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

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...