MKDP Claimform - old HSBC Card debt ***Claim Struck Out***

[girlie100]

Hi hopefully someone can help me, and hopefully this is the right place for this.

 

Many years ago I defaulted on a HSBC credit card and with discussions between HSBC and myself the payments I could afford they wouldn't agree to so the sent it to Moorcroft I believe, which was fine I explained my situation about being self employed and not having a set amount I can pay each week so they sent a man round to collect each fortnight whatever I had which suited me fine and I was happy with that, over time I had paid a bit off and all was fine HSBC (who I bank with) were happy as they kept a monitor on it. Then the collector stopped turning up and at the time I should have chased it but I was just starting a Partnership business and things were hectic and to be fair I forgot about it until this weekend when a CCJ filed by MKDP LLP turned up.

 

Should I have been made aware that that the collections were stopping with Moorcroft? Should HSBC or MKDP have told me where the debt now lies?

I have a copy of my Experian Report from March 2013 and none of this is on there, I now don't want to end up with a CCJ on there for the next 6 years, I am finally getting myself on track and building my credit score back up.

 

any advice greatly appreciated, thanks

 

(Note to a mod - I posted this in the Debt Management Companies by mistake if that can be removed please)

[mjt2013]

Firstly, are you sure it's a CCJ you've received and not a claim form?

 

If it is a CCJ did you receive anything from the court beforehand so that you could defend the claim?

[girlie100]

yes sorry its a claim form from a county court

[girlie100]

can any one help? I have to return the form soon

[AndyOrch]

Have you acknowledged service ...what is the date of issue?

 

Can you type out the particulars of claim verbatim less any identifiable data and round the figures up.

 

Regards

 

Andy

[girlie100]

thanks, issue date 7th Jan 14

 

"The claimant claims the sum of 4k due from the defendant to the claimant under a regulated agreement originally between the defendant and HSBC Bank plc. The defendants account number was xxxxxxxxxxxxxx and was assigned to the claimant on 29/01/2013, notice of this has been provided to the defendant. The defendant has failed to make payments in accordance with the terms of the agreement and a default notice has been served pursuant to the Consumer Credit Act 1974. The claimant claims the sum of 4K + costs. The claimant has complied, as far as is necessary, with the pre-action conduct practice direction."

 

Should I contact MKDP before I respond to the court? Thanks

Edited January 20, 2014 by girlie100
wrong date

[sequenci]

Hello there.

 

Can you remember when you took the card out? Also, can you remember when you first started missing payments?

 

- Seq.

[AndyOrch]

" Many years ago I defaulted on a HSBC credit card " How long ago is many years?

 

 

What date was your last payment to the account?

 

You must acknowledge receipt of the claim by the 25th Jan..if it is your intention to defend then you will have a further 14 days to submit a defence.

 

Regards

 

Andy

[girlie100]

Not sure of when it defaulted but over 6 years now as its gone from my credit report, the card was given to me by HSBC when I turned 18, i'm 30 now. Last payment to Moorcroft was probably a cash payment around 2 - 2 1/2 years ago?

[AndyOrch]

I was trying to establish if the debt is statute barred (no payment or acknowledgment for a period of 6 years)

You really need to confirm the default date to confirm this...if it was pre 2006 ish then it may well be SB

 

Andy

[girlie100]

found it, started 18/06/01 and defaulted 07/05/06

 

as said last payment was 2 - 2 1/2 years ago by cash from a collector

[girlie100]

is it SB if I have made payment to it?

[AndyOrch]

It would have been if you hadn't made that payment

[girlie100]

I'm happy to make payments and the cash payments I was making suited me then the guy stopped turning up, I should have chased it but things just got carried away. But I have never been told that the debt had been sold to MKDP?

[AndyOrch]

I would defend this as statute barred...roughly how much and how many payments were made to Moorcroft?

[girlie100]

average of £40 a month over a year or so probably. I have the payment cards at home so will look up the dates when I get home. But these were all collected cash never BACS or DD so could try and argue SB?

[girlie100]

is there a template for an SB argument to send back to the court?

[AndyOrch]

Did you ever receive any statements..notice of arrears .....whilst making payment to Moorcroft?

[sequenci]

Has there ever been a six year gap without payment?

[AndyOrch]

is there a template for an SB argument to send back to the court?

 

 

Lets not jump the gun girlie...we can sort that once we establish.

[AndyOrch]

Has there ever been a six year gap without payment?

 

 

Already covered that if you read the thread

[girlie100]

OK sorry, just don't want a CCJ on file just finally getting myself straight

[AndyOrch]

When you get home gather all the relevant paperwork you have and received since default..then we can review a way forward.

 

Regards

 

Andy

[girlie100]

Did you ever receive any statements..notice of arrears .....whilst making payment to Moorcroft?

 

not that I ever remember seeing? I had a little green book the guy collecting filled in by hand, I have them

[AndyOrch]

Thats what Im thinking.....thats why you never pay a DCA as they are unaccountable for payments and I very much doubt HSBC ever saw a penny of your £40 payments.