MKDP/ HSBC A/C all charges - - Claimform received

[AndyOrch]

Once you have submitted your requests and acknowledged service there is very little to do except read and read and prepare your defence.Take a look at other threads of the same claimant and also take a look in on the successes forum.

 

Andy

[CSM750]

Thankyou so much for your help!

 

I was just checking through my sent emails, and I found one I sent in March last year to MKDP with a breakdown of all the charges from HSBC from 2005/2009 (Although I stopped using the account some time before that)

 

Basically, the amount they are claiming is all charges and interest on the charges.

Edited April 24, 2014 by CSM750

[AndyOrch]

Should be a relativity simple defence then.

[CSM750]

Well, they signed for it 7 days ago.

 

Can I submit a defence now, or do I need to wait?

[AndyOrch]

You can submit a defence anytime within the time line.

[CSM750]

Thanks very much. Is there any benefit to doing it sooner or leaving it late? I have been working on it.

[AndyOrch]

It depends how much time you need to prepare...if its a cut and shut defence then you can submit it at the same time as acknowledgement.

[CSM750]

Hi, if someone could take a look at this I'd be incredibly grateful AndyOrch may find most of it familiar, but I think this fits my circumstances well. My only query is that I feel I should be making a point that the debt is possibly statute barred, but they have obviously not provided me with the information to verify this?

 

Thanks for any help received!

 

Draft Defence

 

1. It is admitted that the defendant held an account with HSBC Bank.

 

2. The defendant denies that the account exceeded the agreed overdraft limit due to overdrawing of funds but is as a result of unfair and extortionate bank charges/penalties being applied to the account.

 

3. The defendant refutes that the claimants claim is owed or payable. The amount claimed is comprised of amongst others default penalties/charges levied on the account for alleged late, missed or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety.

 

4. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

The claimant is also put to strict proof to:-.

 

(a) Provide a copy agreement/facility arrangement along with the Terms and conditions at inception, which this claim is based on.

(b) Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.

© Provide a breakdown of their excessive charging/fees levied to the account with justification.

(d) Show how the Claimant has reached the amount claimed.

(e) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

(f) Show how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.

 

5. On receipt of this claim I requested documentation by way of a CPR 31.14 request, which was received by the Claimant on the 24th of April 2014. The Claimant has failed to comply with this request.

 

By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

[AndyOrch]

You could adapt point 5 to include ...This request was made to clarify the status of the alleged debt as it may be statute barred pursuant to the provisions of section 5 of the limitation action 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

Regards

 

Andy

[CSM750]

Thanks Andyorch, really cant tell you how grateful I am to you guys for your help! Whatever the outcome of this, I will be making a donation to the site!

 

Last two questions for now, if I later find out that the debt is NOT statute barred, will I be in trouble for including point 5?

 

And, with the amendment made, can I just copy and paste this as-is into the MCOL website?

[AndyOrch]

You are only stating that the debt " may be " SB this allows for its addition should they disclose and it is SB....you can then bring that into your Witness Statement later and dilute the remainder of your initial defence.

 

You wont be in any trouble as advised above ....debtors prisons were abolished in the Victorian age:wink:

 

Yes you can copy and paste....dont forget to print your receipt as proof of submission and retain.

 

Regards

 

Andy

[CSM750]

Thanks Andy, I'll get that submitted now!

[AndyOrch]

[CSM750]

Court confirmed receipt of Defence today.

 

Been reading a few threads, but can't see if MKDP tend to challenge defences in cases like this or not.

 

They do seem to have bought a Job lot of old HSBC accounts and gone litigation-happy though

[thrubolt]

The same has happened to my boss, who I am acting for, but on a managed loan.I see that a lot of the court claims are around beginning of April, and have formed the same opinion. They are just hoping to catch people out by default who do not know of sites such as these. good luck.

[CSM750]

Rang the court to check today.

 

MKDP haven't responded to my defence so the claim is stayed for now.

 

But apparently they tried to get a judgement in default at the beginning of June which was refused by the court as I had submitted a defence.

 

I'm a little confused as to what they're doing here?

[BRIGADIER2JCS]

Rang the court to check today.

 

MKDP haven't responded to my defence so the claim is stayed for now.

 

But apparently they tried to get a judgement in default at the beginning of June which was refused by the court as I had submitted a defence.

 

I'm a little confused as to what they're doing here?

 

 

I think they know they have messed up.

 

 

The court has seen through their plan to sneak a judgement by default.

 

 

Wait and see what they try next.

 

 

If nothing happens apply for the claim to be struck out.

[CSM750]

Thanks Brigadier, how long do I wait before I apply to have the claim struck out?

[BRIGADIER2JCS]

Thanks Brigadier, how long do I wait before I apply to have the claim struck out?

 

 

I would wait a couple of weeks, then contact the court to make sure nothing has gone forward without your knowledge,.

[AndyOrch]

When you make your application and enclose your fee of £155 what are you going to state on the application as to the reason for requesting this action CSM?

[CSM750]

When you make your application and enclose your fee of £155 what are you going to state on the application as to the reason for requesting this action CSM?

 

Duly noted Sir, I didn't know it would be that difficult.

 

What would you advise I do?

 

Can it be left stayed indefinitely?

[AndyOrch]

Yes no great hardship to you and a lot cheaper:-)

[CSM750]

Yes no great hardship to you and a lot cheaper:-)

 

How does that work with regards to it being statute barred?

[citizenB]

How does that work with regards to it being statute barred?

 

Was that your defence, that the debt was statute barred ?

[AndyOrch]

How does that work with regards to it being statute barred?

 

How does what work?