Court Claim by MKDP for HSBC loan and overdraft

[AndyP79]

Hello,

 

I'm hoping that someone on this forum will be able to help with the situation i find myself in.

 

I today received a court claim from MKDP LLP for 16,368.28 for an old loan and overdraft from the HSBC

 

Claimant: MKDP LLP

Issue Date 14 March 2014

 

Particulars of Claim

The claimant claims the sum of 16,368.28 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 28/11/2013.

The defendants account number was xxxxxx/xxxxxxxx. 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 16,368.28 and costs.

The Claimant has complied, as far as is necessary, with Pre-Action Conduct Practice Direction

 

I'm assuming that this claim is for both the overdraft and the personal loan.

 

The overdraft was around £1500 and the loan was around £15000 all were taken out before 2007. As it was quite a while ago i can't remember when the loan was originally taken out but it I think it was 2006. The loan and overdraft were defaulted in November 2007.

 

MCS were originally passed the debt after i defaulted.

After the default i contacted the CCCS who helped me put a budget together which i sent off and was accepted at £5 per month. I continued to make payments until 2010 when i found that my earnings (I'm self-employed) dropped considerable and i had to cease making payments.

 

Since then the debt has been passed to numerous different collection agencies.(I think it's been through 4 different ones). After the debt was passed on from MCS, of which i didn't get any notice, I wrote to each collection agency asking for a copy of my credit agreement and notice that the debt had been passed over. Requests were ignored, and after going back and forth asking for information the debt was then passed on to another collection agency and the whole process started again.

 

Now it has landed with MKDP.

 

I don't believe i received a Notice of Assignment from MKDP.

 

I do think i received a Default Notice form the HSBC back in 2007 but i can't find a copy of it

 

I have never received any Notice of Default sums, from anyone

 

I found your forum and people in similar situations, so i hoping that someone will be able to help me moving forward. This court claim has come out of the blue and I'm quite anxious about it. There is no way i can afford to pay it back, and as I'm on a low income repayments would be very low.

 

I've had a look at the CCA1974 request, and a CPR31.14 request - am i right in thinking i need to send these to MKDP and should i do this before responding to the court claim?

 

Any advice as to my next course of action would be greatly appreciated.

 

Andy

[Bazooka Boo]

Hello and welcome others will be able to give you best advice on how to attack this, as I'm useless at the legal end of things, normally defeat them before they try this trick!

 

However all is not lost, not by a long shot.

My input is that they cannot roll two separate agreements into one, especially where an overdraft and a loan are concerned, as they will both have completely different interest rates, and T&C's, PLUS an overdraft has part V exemptions from the consumer credit act.

 

Do you have proof of sending them CCA requests?

 

I would defend this fully, in that they have failed to supply the CCA, and therefore have failed to comply with any pre action protocols they mention.

PLUS they have foolishly rolled two completely different agreements, with different interest rates and T&C's together.

 

If you were to ask them to supply the CCA now under the reference number they have put on their claim, they would not be able to do so.

 

I ''think'' you have 14 days in which to acknowledge the claim, so don't rush into it just yet, let others advise you as and when.

Get as much paperwork that you have into date order, check statements, and any letters you might have, get all your ducks in a row.

[AndyOrch]

Hi Andy and welcome to CAG

 

If you could take time to read and answer the following then we can advise accordingly.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.

 

Regards

 

Andy

[AndyP79]

HI Andy,

 

I thought i had covered the questions in my original post, have I missed something? I'll have another look and update if i spot something i missed

 

Regards

 

Andy

[AndyP79]

Hello and welcome others will be able to give you best advice on how to attack this, as I'm useless at the legal end of things, normally defeat them before they try this trick!

 

However all is not lost, not by a long shot.

My input is that they cannot roll two separate agreements into one, especially where an overdraft and a loan are concerned, as they will both have completely different interest rates, and T&C's, PLUS an overdraft has part V exemptions from the consumer credit act.

 

Do you have proof of sending them CCA requests?

 

I would defend this fully, in that they have failed to supply the CCA, and therefore have failed to comply with any pre action protocols they mention.

PLUS they have foolishly rolled two completely different agreements, with different interest rates and T&C's together.

 

If you were to ask them to supply the CCA now under the reference number they have put on their claim, they would not be able to do so.

 

I ''think'' you have 14 days in which to acknowledge the claim, so don't rush into it just yet, let others advise you as and when.

Get as much paperwork that you have into date order, check statements, and any letters you might have, get all your ducks in a row.

 

 

Thank you for taking the time to read my post, and thank you for the words of encouragement and advice.

[AndyOrch]

HI Andy,

 

I thought i had covered the questions in my original post, have I missed something? I'll have another look and update if i spot something i missed

 

Regards

 

Andy

 

No problem but if there is anything missed just add to thread.

[AndyP79]

Hello,

 

So am i right in thinking that i need to send a CCA1974 request, and a CPR31.14 request to them by registered post first, then look at the court claim?

 

Any advice would be greatly appreciated.

 

Regards

[citizenB]

Yes, you would send a CCA request to the Claimant for which a fee of £1.00 will need to be included. The CPR Request will need to go to the Solicitor named on the claim form - no fee is required for this.

 

You say that it is likely a loan and an overdraft have been merged in the one claim.

 

Has the claim been issued by MKDP or HSBC ?

[citizenB]

Your timeline is as follows..

 

Issue date 14.03.2014 + 5 days for service = 18.03.2014 + 14 days to acknowledge claim = 01.04.2014 + 14 days to submit defence = 15.04.2014.

 

So send out your requests, keep an eye on the calendar to acknowledge the claim by the 1st April - you can do this online.

[AndyP79]

Yes, you would send a CCA request to the Claimant for which a fee of £1.00 will need to be included. The CPR Request will need to go to the Solicitor named on the claim form - no fee is required for this.

 

You say that it is likely a loan and an overdraft have been merged in the one claim.

 

Has the claim been issued by MKDP or HSBC ?

 

 

Hi,

 

I believe that to be the case (that they have merged the two into one), although i cannot be sure.

I have sent off both requests, including the £1.00 fee. What would be my next course of action. Do i need to acknowledge the claim first, then put in my defence 14 days later?

 

The claim is from MKDP.

 

Regards