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

[iyam71]

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.

[Boltmaker]

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.

[theoldrouge]

please type up exactly the poc

[iyam71]

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.

[theoldrouge]

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

Edited January 9, 2014 by theoldrouge
additional comment

[iyam71]

I have statements until approx 2007.The debts were 'bundled together' by HSBC prior to a final demand letter I received.

[theoldrouge]

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

[theoldrouge]

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

[iyam71]

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.

[theoldrouge]

what was the remedy date on the default notice?

[iyam71]

11/12/10.

[theoldrouge]

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

[iyam71]

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.

[theoldrouge]

yes to the solicitors,just watch your timetable as above

[iyam71]

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'.

[theoldrouge]

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?

[iyam71]

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.

[citizenB]

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.

[theoldrouge]

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

[iyam71]

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?

[theoldrouge]

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

[iyam71]

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.

[theoldrouge]

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

[iyam71]

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.

[citizenB]

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 ?