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

[AndyOrch]

Standard disclosure is by way of the N265 (see Legal Library) to familiarise yourself with the form indebt.As defendant your disclosure would be limited to anything referred to or relied upon within your defence/witness statement...CCA/CPR and responses etc.No you dont submit a further copy of your defence.

 

Mediation should be actively participated in by all parties...and failure can be sanctioned by the court if this proceeds to trial and when the question of costs arises.

 

Regards

 

Andy

[indebtnow]

Hi Andy,

 

Many thanks for that info. Do I need to fill out the form N265 and send it with the documents (copies of my original letters to MKDP and their replies), as I can see no mention of an N265 form on the 'Notice of Allocation to the Small Claims Track (Hearing)' that I received from the court.

 

Many thanks.

[AndyOrch]

No you wont if its Small Claims Track...normally it just states as you have said but you can use it....or just type something similar like a contents list and serve them on the court /claimant...they should reciprocate.

 

Does it state anything with regards to exchanging Witness Statements?

[indebtnow]

It did mention the same cut-off date for copies of any witness statements.

 

I didn't have any witness statements so didn't include any in the documents I sent to the court/claimant.

 

Interestingly, the date has passed for the claimant to have paid the hearing fee. Is there any way of finding out if they did indeed pay? Also, what happens if the claimant fails to file copies of documents with myself by the date imposed by the court? All copies of my documents have been filed (Signed For, Royal Mail) with both the court and the claimant by the due date.

 

Many thanks.

[AndyOrch]

" I didn't have any witness statements so didn't include any in the documents I sent to the court/claimant."

 

You are the witness to your own defence...if it asked you to submit one then you should have enclosed it with your disclosure.

 

Andy

[indebtnow]

" I didn't have any witness statements so didn't include any in the documents I sent to the court/claimant."

 

You are the witness to your own defence...if it asked you to submit one then you should have enclosed it with your disclosure.

 

Andy

 

Hi Andy,

 

I wasn't aware anything like that would count as a witness statement, and I have to admit it doesn't make a lot of sense to me.

 

Is it still worth doing one anyway and popping it in the post to the court and the claimant, or not worth it now if all the other docs have been submitted?

 

Many thanks.

[AndyOrch]

Only if the Notice of Allocation actually states that they require one....if so then yes and if you do not receive one from the claimant then you need to refer to that within said WS

[indebtnow]

Only if the Notice of Allocation actually states that they require one....if so then yes and if you do not receive one from the claimant then you need to refer to that within said WS

 

Yes, you're right. It does say "By xx.xx.xx the claimant and defendant must send to the court and to each other, copies of their own witness statements and those witness statements of all the witnesses they intend to rely upon at the final hearing"

 

The date has now passed and I have filed all of the other documents, so even though it's late I'll drop a quick letter in the post today with my statement to both the court and the claimaint. I will also include in the witness statement then, that no documents were received from the claimant by the due date, which has also now passed.

 

Many thanks.

[AndyOrch]

[indebtnow]

Well, as an update to this, I'd filed everything on time and sent all copies to the courts and the claimant by the due dates mentioned on the "Notice of Allocation to the Small Claims Track (Hearing)", but never received any copies of evidence of anything else that the claimant wanted to rely upon during the hearing, even though these should have been filed with the court and copies sent to me several months ago.

 

I did telephone the court just after that particular date to be told that nothing had been filed by the claimants, but they had paid the hearing fee, so the hearing would proceed on the given date.

 

Fast forward to a couple of weeks ago and I turned up at court, with (so far) no evidence having been submitted by the claimant.

I'd fully prepared myself, reading up on other similar cases on here so I knew what to do and say (to the best of my ability anyway).

 

So, imagine my surprise when the receptionist couldn't locate my hearing for that day and the time given.

Other case were listed for the same date and time, but not mine.

 

The receptionist then asked me to take a seat while she found out what had happened, only to call me back 5 minutes later and inform me that the claimants had discontinued the case the previous week!

 

She was very apologetic about me still attending, but the notice about the discontinuation hadn't reached me yet, nor had it been communicated to me by the claimant.

 

So, all in all, they'd given up, but had tried taking it all the way (or given themselves the maximum time to find the evidence).

By the date the court had of the discontinuation, it was less than the 7 days notice the court wanted in writing of a settlement or a discontinuation to enable the hearing fee to be refunded to the claimant, so fingers crossed they lost that too, and it's cost them quite a few hundred pounds in all this process.

That's a lot of money it must cost them when filing these claim in bulk!

 

I'd like to thank you all for you help, as I would have struggled without it. I can't afford to at the moment, but I will be making a donation in the future to help keep the site running as it is invaluable to people like me.

 

I would also like to frequent the boards a little more, so I can try and help others in the same situation.

It's only fair that I give something back, as it's so easy to take in this modern world, but not many people go to the effort of giving back!

[AndyOrch]

Excellent...second no show by MKDP today.....

 

Well done indebt...thread title amended to reflect the outcome.

 

Regards

 

Andy

[indebtnow]

Well, an attempt has been made by MKDP to try and keep this one alive, as according to my records this one should be statute barred now.

 

I have received an annual statement from them, which they advise they legally have to do and yet I have never recieved anything like this from them before, and it shows that a payment of £1 was made early last year. I didn't make a payment, and in fact the £1 postal order was sent to them along with a s.77/78 request, with implicit instructions at the bottom of the letter, advising them that the £1 is not to be used for any other purpose that the statutory admin fee for the request.

 

Is there a letter template I can use to write to them advising them to remove the payment from the record immediately?

 

Also, they have never actually complied with the above s.77/78 or my CPR31.14 request.

 

And are these companies genuinely incompetent or do they try every trick they think they have up their sleeve?

 

Many thanks.

[indebtnow]

Sorry, just bumping this up ^^^ in case anyone knows the best letter to write to them, to get them to remove the £1 payment from the account, which wasn't authorised.

[ScarletPimpernel]

If you are sure it's statute barred, send something like this:

 

Dear Sirs

 

 

 

I refer to your correspondence dated (date of statement).

 

The statement appears to show a credit to the account of £1.00 dated (date shown). I have made no such payment. I did send a postal order to you to the value of £1.00 on (date), but this was in respect of the statutory fee for a request for documentation under ss.77/78 of the Consumer Credit Act. The accompanying letter made clear that the funds were in respect of the statutory fee and did not represent any acknowledgement of liability of a debt, or payment toward same. Since I am sure that a reputable company would not seek to deliberately misrepresent a statutory fee in this way, or to try to mislead anyone into thinking that a payment had been made, or breach their obligations under the Financial Conduct Authority's CONC rules, I can only conclude that this is an error on your part.

 

However, I am most grateful to you for reminding me that you failed to comply with my ss.77/78 request. It appears to me that you owe me the sum of £1.00. I shall look forward to you refunding same by return.

 

I believe that this account is now statute-barred by virtue of the provisions of the Limitations Act 1980. For the avoidance of any doubt, no payment will be forthcoming, and I now expect you to comply with CONC rules and cease all collection activities.

 

Yours etc.

Edited January 22, 2015 by ScarletPimpernel
add a couple of words

[oleg]

Remember that statements are produced automatically. Thus it means they're not actively pursuing you - but nor have they given up the ghost. Some threads recently suggest they go out of

their way to resurrect old bones.

 

This outfit are a devious crew and rather than risk poking their nest, I honestly would remain lying low and do nowt unless you are *absolutely* certain of the S B status. From your "according to my records" this doesn't appear to be overly convincing.

 

We often ascribe misused £1 payments to deliberate trickery but it could also be sheer incompetence. That, in the case of MKDP, would surprise me not one iota.

 

If they did reappear later saying you had paid £1, it's easy to deny, as per Scarlet's suggested letter above.

[AndyOrch]

"I have received an annual statement from them, which they advise they legally have to do and yet I have never recieved anything like this from them before, and it shows that a payment of £1 was made early last year. I didn't make a payment, and in fact the £1 postal order was sent to them along with a s.77/78 request, with implicit instructions at the bottom of the letter, advising them that the £1 is not to be used for any other purpose that the statutory admin fee for the request."

 

If it does not reduce the balance then I wouldn't worry about it.....payments for anything from a creditor/DCA must be accounted for and show somewhere on your statement ...that's how basic accountancy works...as long as you know what it was for and mark it accordingly on the statement for future reference (if required) then I cant see a problem

 

Andy

 

Nice letter SP

[indebtnow]

Many thanks for your help. I am going to go through all my records to check on the SB status. However, if it isn't SB could I still send a version of that latter, just leaving the SB part out?

[indebtnow]

"I have received an annual statement from them, which they advise they legally have to do and yet I have never recieved anything like this from them before, and it shows that a payment of £1 was made early last year. I didn't make a payment, and in fact the £1 postal order was sent to them along with a s.77/78 request, with implicit instructions at the bottom of the letter, advising them that the £1 is not to be used for any other purpose that the statutory admin fee for the request."

 

If it does not reduce the balance then I wouldn't worry about it.....payments for anything from a creditor/DCA must be accounted for and show somewhere on your statement ...that's how basic accountancy works...as long as you know what it was for and mark it accordingly on the statement for future reference (if required) then I cant see a problem

 

Andy

 

Nice letter SP

 

It has reduced the balance by exactly £1 Andy, that's why my initial reaction was to write to them and get them to remove it. I'm more bothered about them trying to make it a new COA.

 

And I agree, it's a brilliant letter!

[AndyOrch]

COA is a breach to the agreement which triggers a default notice...as regards the £1 payment...as stated just mark it on your records (not that you should need to a its obvious to you or a court what it was for) but the date is important so you can quantify it with your CCA request.

 

As stated any payment you make to a creditor must be reflected in your account...whether a credit to the balance or a statuary fee paying request...it still has to show somewhere on your account statements...if it didn't then they wouldn't have a record of payment for the request nor would your statements be a true reflection of payments......something the HMRC wouldn't be too pleased about.If 10.000 debtors requested DSARs at £10 per pop and they couldn't account for it?

[indebtnow]

MKDP issued a court claim on me for an old HSBC credit card debt over 2 years ago, and with the help of this forum, I managed to keep them at bay until they finally withdrew their case towards the end of 2014.

 

No correspondence was received from MKDP regarding their withdrawl, I only found out by attending court on the requested day to find they'd pulled out a week earlier.

 

The debt then became statue barred, and then late last year they sold the debt onto Hoist Portfolio Holding 2 Limited, and appointed Robinson Way to 'manage the account'.

 

At the end of March I then received a letter from Howard Cohen & Co. Solicitors, detailing the original court claim that MKDP filed, mentioning the claim number, account number, court name and amount due.

 

They also mention that they "submitted an application to the court to substitute the claimant details from MKDP LLP to HPH2. This is because our client is now the legal owner and the Order further confirms that we are on the court record and acting on its behalf. Please see the attached court order confirming these details"

 

Enclosed was a photocopy of a high court order noting assignment of "multiple" cases, with no further details listed.

 

Therefore, because this case was withdrawn from over 18 months ago, is this actually misrepresentation as a scare tactic? On the face of it I did fall for it for a few minutes, until I read it all carefully and it then saw it for what it is, all smoke and mirrors.

 

If it is representation, am I able to complain to the court about their actions? If I can, my only fear is that they will say it was a mistake and is a one off.

 

TIA

[unclebulgaria67]

Not sure it is misrepresentation. All that seems to have happened is that a bulk load of debt has been taken over by Hoist and Howard Cohen have written saying that they were advised a court claim had been made. They might not know what happened with the claim.

 

This is the previous thread for reference

http://www.consumeractiongroup.co.uk/forum/showthread.php?418224-MKDP-Claim-Form-on-old-HSBC-Credit-Card-Debt.***Claim-Discontinued***/page2

 

I think you should check to see whether anything funny happened with the court claim. You were told by the court it had been discontinued, but did something happen after this. Check with the court to see what status the claim has and come back for further advice.

[AndyOrch]

And also the following thread...see post#208

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?236951-MKDP-Claimform-Barclaycard-***Claim-Discontinued***/page11

 

Regards

 

Andy

[unimatrix1066]

I got the same myself this week , looks like a scare Tactic?

[goodatresearch]

Plus MKDP and Hoist are all part of the same group of companies and therefore they've just passed it to the next desk.

[dx100uk]

threads merged for history

 

 

dx