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

[theoldrouge]

Yes sounds like typical tactics, hoping no docs will disadvantage you to put in a crap defence and they go for a strike out,or worse still no defence at all

[iyam71]

My signature may have changed slightly over the years but nothing too drastic, and I vaguely remember them asking for a copy of it for their records a few years ago. However I still cannot see what possible benefit it would be for HSBC to employ delaying tactics.

 

As far as defence is concerned until/if any of the documentation is received I was going to go with something along the following lines (any advice on airbrushing or even starting again completely would be most welcome):

 

1. I deny that I ever had a bank account with an overdraft facility for the amount claimed.

 

2. I deny having ever received a default notice from HSBC concerning the bank account in question.

 

3. I have received no documentation in support of the claim despite making a CPR 31.14 request which was received and signed for.

 

4. As per Civil Procedure rule 16.5(4) I expect that the claimant prove the allegation that the money is owed.

 

I'm unsure whether to include anything on the CCA even though I made a CCA request, seeing as the credit card debt is not referred to in the POC.

[theoldrouge]

Yes sorry misread your post thought you were referring to sols not replying to cpr 31.14. Make sure you persist with sar request it will come in very useful

[iyam71]

I've replied to the signature request by offering to go into a branch in person to confirm ID and collect the info. Assuming I don't get the SAR in time would any perceived 'obstruction' by the bank be of any use in the defence?

[iyam71]

HSBC now seem happy to proceed with the SAR request after my last letter. But still not had anything from MKDP with regards to the cpr 31.14 and CCA request.

 

Can anyone give any guidance on the provisional points I posted above to be used in the defence. Basically anything to expand on, add or leave out. Still got 8 days to submit but trying to ensure I cover everything and don't miss out anything important.

[AndyOrch]

My signature may have changed slightly over the years but nothing too drastic, and I vaguely remember them asking for a copy of it for their records a few years ago. However I still cannot see what possible benefit it would be for HSBC to employ delaying tactics.

 

As far as defence is concerned until/if any of the documentation is received I was going to go with something along the following lines (any advice on airbrushing or even starting again completely would be most welcome):

 

1. I deny that I ever had a bank account with an overdraft facility for the amount claimed.

 

2. I deny having ever received a default notice served under Sections 76(1) and 98(1) of the CCA1974 from HSBC concerning the bank account in question.

 

3. I have received no documentation in support of the claim despite making a CPR 31.14 request which was received and signed for.

 

It is denied the Defendant owes any monies to the Claimant and the Claimant

is put to strict proof to:

 

(i) Show how the Defendant has reached the amount claimed for.

(ii) Show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

On receipt of the claim form the Defendant sent a CPR 31.14 request dated xxxxxx for a copy of the Overdraft

facility agreement,Notice served under Sections 76(1) and 98(1) of the CCA1974, 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 claimants solicitors on xxxxxxxxx. The claimant has yet to comply.

 

Therefore the claimant in their none compliance to my requests have frustrated my attempts to clarify

their claim and against pre action protocol should be considered when the question of costs arise.

 

4. As per Civil Procedure rule 16.5(4) I expect that the claimant prove the allegation that the money is owed.

 

5.. 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.

 

I'm unsure whether to include anything on the CCA even though I made a CCA request, seeing as the credit card debt is not referred to in the POC.

You cant make a CCA request on an Overdraft they are exempt.

 

Regards

 

Andy

[iyam71]

Cheers Andy.

 

The CCA request was made for a credit card debt that was included in the figure MKDP are claiming for. In fact the majority of the debt was owed on the credit card but for some reason MKDP have the whole lot classed as a 'bank account facility'.

[AndyOrch]

Ah right you are then you need to add a line that you made this request and to date they have failed to comply and remain in default of your request and until such time they do respond are prohibited from enforcing any agreement or requesting relief.

 

Really need to check their Particulars....can you re post?

[iyam71]

POC:

 

1.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.

 

2.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.

 

3.The Claimant claims the sum of ****.** and costs.

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

[AndyOrch]

I would retain that knowledge for now and just refute the particulars as if its just an overdraft. They are not aware of what they have been assigned,

 

Is that two different account numbers within the Particulars?

[iyam71]

That's what I was thinking, why bring up an account which is not referred to in the POC. Only one bank account, the other bit is the sortcode.

[AndyOrch]

They haven't brought it up..they are unaware..you brought it up because you know the history and you requested the CCA.

[Bookworm]

Oh, snap, I have one of them too, I'm a bit ahead of you though, mine has just got to the assigned a date in my local court, got the paperwork last week. (8th May is the date)

 

FYI, I sent the CPR request straight away and they never replied to it, even with me reminding them of it.

 

As far as I can tell, they are doing it by rote in the hope of getting default judgements, even the POC is identical, but time will tell.

 

They now have to pay their £80 fee to the courts by 20th Feb or their claim will get struck out. The claim is only about £500, and I am mildly interested to see if they're going to chance paying out or if they will cave in now. I will let you know.

 

(PS: No, I don't have a thread detailing all this, I keep myself to myself these days)

[AndyOrch]

Had a re think and I think we will redraft the intro of the defence iyam...don't submit the above.

 

 

Welcome along Bookie.

 

 

Regards

 

 

Andy

[iyam71]

OK. Will forget about the credit card in the defence. I just wondered why I was advised to make a CCA request when as you say above, they are unaware of it, and it would be of no use in defending the claim.

[AndyOrch]

See post #39 we are going to include it now.

[iyam71]

Just read two new posts. Will hold fire for now.

[AndyOrch]

I will re draft the opening shortly give me an hour.

[AndyOrch]

1.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.

 

2.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.

 

3.The Claimant claims the sum of ****.** and costs.

The Claimant has complied, as far as is necessary, with the Pre-Action Conduct Practice Direction

Defence

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Paragraph 1 is admitted I have in the past held a current account and credit card account with HSBC it is denied I have ever had a bank account with an overdraft facility for the amount claimed my facility limit being only £1000.00.It is denied that any Notice of Assignment was served.

 

2. Paragraph 2 is noted that is the current account number only and not the credit card number which the claimants amount claimed is allegedly owed. . It is denied I ever received a default notice served under Sections 76(1) and 98(1) of the CCA1974 for the overdraft content pursuant to the CCA1974.

3. Paragraph 3 is denied until such time the claimant can comply with my section 78 request and CPR 31.14 the claimant is prevented from enforcing any agreements or seeking an relief. It is denied the claimant has complied with any pre action protocol and as yet to respond to my requests for clarification.

 

It is denied the Defendant owes any monies to the Claimant and the Claimant

is put to strict proof to:

 

 

(a) Show how the defendant has entered into the agreements

(b) Show how the Defendant has reached the amount claimed for.

© Show any evidence that a Recall Notice/Termination Notice was issued for the overdraft content claimed.

 

(d) Show how the Claimant has the legal right, either under statute or equity to issue a claim by way of a Notice of Assignment and evidence of its service.

On receipt of the claim form the Defendant sent a CPR 31.14 request dated xxxxxx for a copy of the Overdraft

facility agreement,Notice served under Sections 76(1) and 98(1) of the CCA1974, 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 claimants solicitors on xxxxxxxxx. The claimant has yet to comply.

On receipt of this claim form the Defendant requested a copy of the agreement for the credit card amount included in the claim by way of a section 78 request dated xxxxxxxx.The Claimant has yet to comply.

 

Therefore the claimant in their none compliance to my requests have frustrated my attempts to clarify

their claim and against pre action protocol should be considered when the question of costs arise.

 

4. As per Civil Procedure rule 16.5(4) I expect that the claimant prove the allegation that the money is owed.

 

5.. 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.

[iyam71]

Thanks again Andy.

 

Just one point, I did receive a default notice for the credit card but not the bank account.

[AndyOrch]

Altered......anything else you are unsure of simply edit to suit. Once ready copy and submit through MCOL and print your receipt off as proof of submission.

 

 

Regards

 

 

Andy

[iyam71]

OK. Thanks a lot for your help. Will update thread when I hear from the court.

[Bookworm]

"it is denied I have never ever had a bank account "

[AndyOrch]

"it is denied I have never ever had a bank account "

 

 

"it is denied I have never ever had a bank account with an overdraft facility for the amount claimed

 

 

Lets have it in full context Bookie

[Bookworm]

Context is irrelevant here, it's the structure of the sentence which is incorrect, Andy.

 

it is denied I have never ever had a bank account with an overdraft facility for the amount claimed.

 

Do you see? That sentence doesn't make sense. You're welcome.