MKDP Claim Form on old HSBC Credit Card Debt.***Claim Discontinued***

[indebtnow]

I have today received a CCJ claim from the Northampton County Court Bulk Centre,

for a credit card that was held with HSBC a few years ago.

 

The last statement I can find for the account is 2009,

although the assignment to the DCA was later than that date.

 

Having read through the forums for some advice (which is very handy and I'm very grateful for)

I'm going to write to them tomorrow with a CPR31.14 requesting the agreement, default notice and the assignment.

 

From people's past experiences, what are the chances of them providing this information?

And do they have to provide the originals,

or just legible copies of the originals?

And am I correct in thinking the fee to enclose is £1?

 

If they do provide the info as requested, and I have no other defence,

I can't afford to pay them the amount they're requesting.

 

I could offer to pay them a token amount every month or I could borrow a lump sum

and make them an offer of a full and final settlement,

although it would be much less than they're asking for.

Either way would I still end up with a CCJ?

 

Many thanks.

[AndyOrch]

Own thread started for you.

 

Regards

 

Andy

[indebtnow]

Thanks Andy!

[theoldrouge]

it would be useful if you could type up verbatim the poc, minus pers details. When was this ac started? Have you ever sent a cca request? If not do so right away to the claimants sols.

[indebtnow]

The POC states:

 

The claimant claims the sum of XXXX.XX being monies due from the defendant to the claimant under a regulated agreement originally between the defendant and XXXXXXXXXXXXXXXX Bank PLC.

 

The defendant's account number was XXXXXXXXXXXXXXXX and was assigned to the claimant on XX/XX/XXXX, 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 XXXX.XX and costs.

 

The claimant has complied, as far as is necessary, with the pre-action conduct practice direction.

 

--------------------

 

I can't remember exactly when this account was started but it was either towards the end of the 90's or early 2000's. I haven't sent a CCA request yet, as I only received this completely out of the blue yesterday, so planning on doing it tomorrow. Is there any difference between a CCA request and a CPR31.14 that I've read about on these forums?

 

Interestingly, underneath the POC, there is a printed name as a 'signature' and 'signed' as the claimant, not the claimant's solicitor, so presumably would have to send the CCA request straight to the DCA?

 

Many thanks.

[indebtnow]

Or by ac do you mean action? The issue date on the claim is 17 Feb 2014 and was received yesterday.

[citizenB]

If the issue date is the 17.02.2014 then your timeline is as follows:

 

Issue date 17.02.2014 + 5 days for service = 21.02.2014 + 14 days to acknowledge = 07.03.2014 + 14 days to submit defence = 21.03.2014.

 

A CCA request is a specific request for a copy of the agreement and should go to the claimant, enclose £1.00 and they have 12 working days +2 to respond. The CPR31.14 is part of the court process, costs you nothing and needs to be sent to the solicitor named on the claim form. You should send both by at the very least Recorded delivery in order to have proof of posting and receipt.

 

If this account has been assigned, who is the Claimant (new owner).

Edited March 17, 2014 by Andyorch
Time line adjusted ...1 day

[indebtnow]

The claimaint is MKDP LLP, with both the claimaint's address and the address for sending documents both the same.

 

I will get a CCA request done and sent tomorrow by recorded delivery.

 

There are no solicitor's details on the claim form. The 'signature' at the bottom is a person's name and 'signed' as the claimant, with the 'Claimaint's solicitor' bit crossed out with XXXXXXXXXXXXX. As a result, who do I send the CPR31.14 to?

 

Many thanks.

[indebtnow]

A CCA request has been sent by recorded delivery this morning.

 

What's next? Do I need to send the CPR31.14, and as there are no solicitors details (or costs!) on the claim form, do these need to be sent to the claimaint?

 

Also, presumably I just need to send off the acknowledgement to the court, and enter my defence at a later date (within the time period)?

 

Many thanks.

[indebtnow]

Further to the above I sent a CCA request to the creditor, of which I later received a reply within the timeframe advising that they were currently unable to fulfill my request, and that it may take up to 8 weeks to do so. In the meantime, they advise that they will not make any applications or seek to enter judgement during that time.

 

I also sent a CPR31.14 request a few days after the CCA, again to the creditor as no solicitor's details were on the form. The CCJ claim has been 'signed' (printed name) by an employee of the company rather than an external solicitor. However, the time for the reply from the CPR31.14 has now passed (more than 7 working days).

 

Both were sent 'Royal Mail Signed For' and were delivered the day after posting.

 

So, my question is, what is my next step? As my defense has to be submitted next week at the lastest.

 

Many thanks.

Edited March 14, 2014 by indebtnow

[AndyOrch]

You submit your defence...they never were going to respond.

 

Andy

[citizenB]

If the issue date is the 17.02.2014 then your timeline is as follows:

 

Issue date 17.02.2014 + 5 days for service = 22.02.2014 + 14 days to acknowledge = 08.03.2014 + 14 days to submit defence = 22.03.2014.

 

A CCA request is a specific request for a copy of the agreement and should go to the claimant, enclose £1.00 and they have 12 working days +2 to respond. The CPR31.14 is part of the court process, costs you nothing and needs to be sent to the solicitor named on the claim form. You should send both by at the very least Recorded delivery in order to have proof of posting and receipt.

 

If this account has been assigned, who is the Claimant (new owner).

 

Just to let you know that I calculated your timeline wrong by one day.. your date to submit your defence will be 21st March not 22nd as advised.

[citizenB]

is this a claim for under or over £10,000 ?

[indebtnow]

Hi guys,

 

Many thanks. Am going to get it done today and submitted tomorrow anyway, always want to be a few days ahead so not to disadvantage myself in any way.

 

It is a claim for under £10,000, and a bog standard letter reply was received yesterday, dated outside of the time frame to respond by a couple of days. It does mention that it may take up to 8 weeks to locate the documents requested and that they confirm they will not make any applications or seek to enter judgement during this time.

 

Nowhere have they mentioned that I can have an extension in the time to submit my defence, as was written into my CPR31.14 request.

 

My main question is, am I defending myself on the basis that I have don't have any evidence presented to me that is mentioned in the POC?

 

Many thanks.

[indebtnow]

Just to check, as I want to submit my defense tonight. Do I scan and include the copies of the letters I've received back from MKDP as proof that it will take them up to 8 weeks to supply the requested documents?

 

Many thanks.

[AndyOrch]

You dont (you cant if submitting on MCOL) attach anything to a defence.

 

Andy

[indebtnow]

Defence was submitted via Money Claim last week. Just a waiting game now for the time being, to see if MKDP want to take it any further.

 

After MKDP wrote to tell me that locating the documents may take up to 8 weeks, and that in the meantime they advised that they will not make any applications or seek to enter judgement during that time, that they were hoping I wouldn't file a defence and they'd still get an default judgement? I'm guessing that's there secondary way of getting default judgements?

 

A quick question, as MKDP have given me a final demand on an alleged credit card debt from a different card (with a different bank than HSBC), can I write with a CCA request for this before they do file a CCJ claim? And if so, would they have to then at least produce the document before they could take it any further, such as issuing a claim from the County Court Bulk Centre in Northampton?

 

Many thanks.

[AndyOrch]

Defence was submitted via Money Claim last week. Just a waiting game now for the time being, to see if MKDP want to take it any further.

 

After MKDP wrote to tell me that locating the documents may take up to 8 weeks, and that in the meantime they advised that they will not make any applications or seek to enter judgement during that time, that they were hoping I wouldn't file a defence and they'd still get an default judgement? I'm guessing that's there secondary way of getting default judgements?

 

A quick question, as MKDP have given me a final demand on an alleged credit card debt from a different card (with a different bank than HSBC), can I write with a CCA request for this before they do file a CCJ claim? And if so, would they have to then at least produce the document before they could take it any further, such as issuing a claim from the County Court Bulk Centre in Northampton?

 

Many thanks.

 

Yes you can request a copy of agreement anytime irrespective of litigation.

 

Regards

 

Andy

[indebtnow]

Brilliant, thanks Andy.

 

Will get that done today. If they can't produce the document in the given time, could they still file a CCJ claim?

 

Many thanks.

[AndyOrch]

Yes ....complying has no bearing on litigation...claims are issued by the 1000s even when they are in default.

[indebtnow]

I have received and completed the Directions questionnaire and the Mediation Service forms. It mentions about serving copies on all other parties.

 

Do I just include a copy of the Mediation form to the claimant or is that just returned to the court?

[indebtnow]

Another thought I've just had is that when I requested the documents from MKDP, I didn't use my normal signature from fear of having it copied onto some terms and conditions. However, if I send them a copy of the Directions Questionnaire as I have to, it has a copy of my normal signature on it.

 

What's the best way round that? Could I add a watermark into the signature box? Obviously I would only do that on the claimant's copy, not on the original that I've already sent o the court.

 

Many thanks.

[AndyOrch]

I have received and completed the Directions questionnaire and the Mediation Service forms. It mentions about serving copies on all other parties.Copy of your DQ

 

Do I just include a copy of the Mediation form to the claimant or is that just returned to the court?

Just the court

 

Another thought I've just had is that when I requested the documents from MKDP, I didn't use my normal signature from fear of having it copied onto some terms and conditions. However, if I send them a copy of the Directions Questionnaire as I have to, it has a copy of my normal signature on it.

 

What's the best way round that? Could I add a watermark into the signature box? Obviously I would only do that on the claimant's copy, not on the original that I've already sent o the court.Leave it unsigned

 

Many thanks.

 

Regards

 

Andy

[indebtnow]

Brilliant, thanks for that Andy

[indebtnow]

This has now been allocated to the small claims track with a court date a few months away.

 

I have to file copies of documents I intend to reply on, both to the court and the claimant by the end of this month.

 

No evidence has been provided by the claimant as to proof of the debt, despite responding over 4 months ago to both my s.77/78 and CPR 31.14 requests and assuring me that they would liaise with the original creditor and issue the documents upon receipt, which may take up to 8 weeks. Obviously the 8 weeks is well overdue and no proof has been forthcoming, so the only document I can reply on is my defence which was submitted to the court and the claimaint some time ago.

 

Do I have to send another copy of the defence to the court and the claimant by the end of this month, or is there no need?

 

Also, I agreed to mediation and was contacted by the mediation service at the end of May and agreed that I could pretty much do any of the appointment dates/times they suggested. They advised that they would contact the claimant to see which appointment would be best for them and come back to me to confirm. I never heard any more, so can only presume that the claimant couldn't/wouldn't mediate. Would this go against them in any way? I'm thinking not, as I know mediation is purely a suggestive route, but thought I'd ask anyway.

 

Many thanks.