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

[AndyOrch]

Right got you..... the " never " now omitted.

 

 

"it is denied I have ever had a bank account with an overdraft facility for the amount claimed "

 

 

Many thanks Bookie.

 

 

Andy

[Bookworm]

Yw.

[iyam71]

Glad you two managed to sort that out!

 

One thing I keep wondering about though, if they fail to get a judgement with this claim are they likely to/can they come back with another one for the same accounts (assuming they get the correct information in the meantime)?

[AndyOrch]

Possible...but lets deal with this first.

[iyam71]

I've now received a box full of documents from HSBC following the SAR request. It includes the initial bank account application and the CCA, both signed and dated. Although the original limit I applied for on the credit card was £4,000 the CCA states £40,000. And the credit card statements go on until July 2011 with a new credit limit of £5, despite the final demand/withdrawal of banking facilities being made some months earlier.

 

Still heard nothing from MKDP.

[AndyOrch]

So is what they have provided of any use......does it affirm their claim or assist your defence?

 

Andy

[iyam71]

It affirms their claim in so far as I now know that the bank have copies of the original agreements. But even if MKDP are in possession of these (which I doubt) there is still a big discrepancy between what they are claiming in the POC and what is stated on the agreements.

[iyam71]

Quick update. MCOL claim history showing the last action as receiving the defence on 4th Feb. Am I correct in thinking MDKP have until today to respond otherwise the claim will be be stayed? And is it worth contacting the court to clarify this, ie. if MKDP have responded within the 28 days would it automatically show up on the claim history?

 

Again, thanks for any advice.

[AndyOrch]

You dont need to do anything...if they want to proceed you will receive a Directions Questionnaire (N180 or N181) this confirms allocation and transfer to your local court.

 

Regards

 

Andy

[iyam71]

I rang the court this morning and MKDP did not respond within the time period so the claim has been stayed. Can I relax now or is it likely they will apply to have it lifted at some point?

[AndyOrch]

Who knows iyam ?...see what transpires.

 

Andy

[iyam71]

This morning I received a N180 dated Sunday 23rd, which is only four days after I rang the court and was told the claim had been stayed. Rang the court back and they are now saying MKDP did respond in time and the stay has been lifted. They are working under a 14 day backlog apparently, despite being told it was 10 days last week.

 

The lady I spoke to seemed to be steering me towards mediation which I'm loathe to do. I was under the assumption MKDP wouldn't proceed with this claim as it stands as the POC and the credit agreements (if they have them) do not match up. And does their failure to comply with either of my CPR 31.14 or CCA requests not have a bearing on things? As ever any help/advice would be most appreciated.

[AndyOrch]

Just submit the N180 by the required date iyam...Its normal procedure.......you must agree to participate in mediation otherwise it may go against you.

They will have to disclose what you have requested eventually so don't think they are off the hook yet.

 

Regards

 

Andy

[iyam71]

OK will get it sent off. One small query, under no.3 on the N149A it states I must also serve copies of the N180 with all other parties. Does this mean sending a copy to MKDP? It's easily enough done but I'm not keen on them getting my email and mobile number.

[AndyOrch]

So just post it....without a signature.

[iyam71]

Andy, I've been racking my brains for the last few days after your last comment. I have a horrible feeling that I signed the 31.14 and CCA request forms. If this does proceed past the next stage am I right in thinking that the two parties have to exchange documents they are relying upon before any court case? Purely as it would be obvious if they attempted to copy the signature as its changed so much over the years.

[AndyOrch]

I wouldn't worry about it.

[iyam71]

Just received a copy of the N180 MKDP have submitted so they are proceeding and have paid the £40.

[AndyOrch]

Anything of any interest within their DQ ?

[iyam71]

Boxes ticked and thats about it.

[iyam71]

Quick update. Still haven't received anything from the court since submitting the N180 and although I'm aware they have a backlog would have expected a reply by now. I don't suppose MKDP would have sent me a copy of their N180 without actually submitting it, maybe hoping I'd be intimidated into not proceeding? One thing that struck me was how quick they were to send me the N180 in the first place.

[Ganymede]

Quick update. Still haven't received anything from the court since submitting the N180 and although I'm aware they have a backlog would have expected a reply by now. I don't suppose MKDP would have sent me a copy of their N180 without actually submitting it, maybe hoping I'd be intimidated into not proceeding? One thing that struck me was how quick they were to send me the N180 in the first place.

 

 

 

When was the DQ due to be filed?

[AndyOrch]

Ring the court and ask:wink:

[iyam71]

DQ was due in 9th April. Going to ring the court now.

[iyam71]

It's gone to mediation. They rang last week and left a message which I don't seem to have received. Got to email them about it.