Claim form (MKDP LLP) old HSBC ban account

[crystalcag]

Hi, the last post on your thread was 12 days ago - but I'd love to know what you decided to do. I must say I'm totally confused. Is there a thread somewhere that I've missed?

 

Just when I though all that was left to do was "Part C" .... now we're being advised to tick a) at a hearing, NOT c) without a hearing.

 

If anyone can point me in the right direction I'd really appreciate it

[Castlebest]

It's realy up to you as the note says. It costs £35.00 without a hearing and £65.00 with a hearing. The thought is its easier to put your points over in the flesh so to speak, especialy if you are good at arguing (not loosing your temper) face to face.

 

fill in the rest exactly how it says

 

pete

[crystalcag]

thanks Pete

[davedru]

Here's an update on my progress.....

 

After hearing nothing for a few weeks after submitting my N244 I phoned Derby County Court to be told that there was a backlog of such cases, and that the recent Bank Holiday hadn't helped. I was assured that my application had been received, and on time, but was still with the judge.

 

A week or so later I received a Notice of Hearing, dated 5th Sept, stating that I was to have a hearing on Friday 21st Sept. to last for 10 minutes.

 

Having received this Notice of Hearing, I have received a letter from DG Solicitors, for the first time, advising that they intend to apply for a stay!! Surely they are aware that the claim was stayed, then that stay was removed? Is this another delay tactic and is the Court likely to grant the stay?

 

Either way I received a Notice of Transfer of Proceedings from the court on Wednesday advising that, as a result of an order made on 14th Sept, my Claim has been transferred to the Nottingham County Court for a hearing before His Honour Judge Inglis on a date to be fixed.

 

So my Claim has been adjourned. The Order states that, as this decision was made by the Court "...without considering representations from the parties, the parties have the right to have the order set aside, varied or stayed...".

 

I can't help but be annoyed by this. Another setback!! I was given a hearing date for 2nd October then, what with the OFT announcement, the Court decided to stay my Claim. I applied to have this stay removed and was given a hearing date to this effect for 21st September. Now the Court has decided to adjourn this hearing indefinately?

 

Isn't this just a different type of stay? Is there a limit on how long the Court can take to set a new hearing date? Can they just wait until after the OFT case? Surely this defeats the point of me having the original stay set aside? Can I apply to have this adjournment removed? For what reason?

 

DD

[buller]

I have a feeling that the letter from DG was the one should have got when they applied to stay your claim. It looks very similar to all the others that people have received from them.

[davedru]

Maybe they decided to hold off sending it initially when they realised that the court had decided to stay my Claim itself.

 

Now that the stay has been *supposedly* lifted, they have decided to send it? It the stay applied on the Court's own iniative is removed, would the Court uphold a request for a stay from DG?

 

DD

[buller]

I cannot answer that as it is entirely up to yor own court. Have you called Nottingham court to see what is happening eg whether they have received an application from DG to stay your claim again?

[davedru]

Hearing for the removal of the stay is scheduled now for Wed 3rd Oct. @ Nott County Court @ 10:30.

 

Might have a problem getting this day off work! Damn the courts for adjourning! Then what happens? Presumably if I can't make court my request to have the stay set-aside is thrown out?

 

Presuming I can arrange time off work, any advice of what to expect or what to prepare will be greatly appreciated........

 

DD

[Castlebest]

Have a read of Dougal's thread, loads of great info in there

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/94703-hdr-hsbc.html

 

pete

[davedru]

Wow, how time flies. Thanks to everyone who took the time to reply to this post, albeit years ago!

 

Unfortunately my debt problems continue. I started a new general post (http://www.consumeractiongroup.co.uk/forum/showthread.php?357650-Where-to-start-Help-needed-please) but was advised to post in individual forums - so I thought that I would rehash this post!

 

Regarding the reclaiming of bank charges, I was granted a hearing for the removal of the stay on 3rd Oct 2007 but stupidly/unfortunately did not attend due to (i) a breakdown in my relationship with my partner and separation from her and my 1 yr old and (ii) being away on residential training with new employment over that date. I also moved house around this time and therefore received nothing further from the courts. Then life continued and I pushed debts to a dark corner somewhere....

 

Following recent investigations and discussions with MCOL, "...There was an incomplete claim dated May 2007 but this was not imported from the legacy system. Therefore there is nothing in this account that can be imported into the new MCOL system..."

 

The current account closed and ownership has recently been transferred to MK Rapid Recoveries (?MKDP LLP / ?Compello). The outstanding balance for this current account is £1237 and the CRA entry shows this as having defaulted on 06/10/08. I have made no contact with the bank since the incomplete attempt at reclaiming, or MK Rapid Recoveries, as I still believe that this debt is largely due to the banks unfair treatment, and therefore contest this debt, and partly out of pigheadedness. I have recently started receiving recovery letters from MK but have stupidly ignored them. Today I have received a final demand and an accompanying threat to pass my account onto Raven Recoveries should I not make contact. Can anyone offer any advice on this? How does my failed effort at reclaiming these debts affect my way forward? Is the financial Ombudsman route still a possibility?

 

Thanks to all who have taken the time to read this.

 

DD

[davedru]

I'm thinking the first step is to send MK RR a letter advising that I dispute this debt and requesting that they refer back to HSBC. I think I can remember reading somewhere that a debt can not be enforced if it is disputed?? and I'm sure there's a template letter somewhere on here I can use.

 

I'm thinking I should probably contact HSBC (!!?) to inform then of this and to make it clear that this debt is disputed as it evolved largely due to their unfair charges? I can remember one particular meeting with a financial advisory (lol) at a Derby branch who, on asking along the lines of how to get out of the rut and manage the debts, advised to "have more money!!" I s escalating this to the FOS an option, although I have read the forum on here (http://www.consumeractiongroup.co.uk/forum/showthread.php?234186-Financial-ombudsman-comes-under-fire-as-insider-reveals-litany-of-bad-practices) suggesting that they may not offer as much help as we'd like?

 

Kinda funny that in typing this my phone autocorrected 'FOS' to 'GOD'!!

 

Can anyone offer any advice on any of this? Am I heading in the right lines? Any suggestions on what to write?

 

DD

[InformedSearcher]

I'd suggest in the 1st instance to get a copy of your Credit File (Equifax/Experian) and work from that.

 

If you moved home and still had a valid (operational) account did you advise them of your new address?

 

This is one of those times it might be prudent to get the credit file and contact no one else untill you can see the full facts.

 

I, for one know that feeling about mounting 'overdraft' fees from that time

and still think even now it's excessive for the fact they are simply automated systems that 'clock in'.

Michael

[davedru]

So, I have received a claim form.

 

Claimant is MKDP LLP, to whom HSBC Bank plc sold my account on 8th December 2011 (advised of in a letter from HSBC dated 5th March 2012). The same letter advised that MKDP LLP had appointed MK Rapid Recoveries as their servicing agents to manage my account on their behalf. Dated the same, I received a letter from MKDP confirming that HSBC had assigned all its respective rights, title and interest regarding my previous current account to them.

 

Date of issue of claim form is 10th March 2014.

 

If my calculations are correct, that gives me until 29th March to acknowlege and then, assuming it is appropriate, I will need to have submitted my defence by 12th April?

 

The Particulars of Claim state:

The Claimant claims the sum of 1237 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 08/12/2011.

The Defendant(s)'s account number was XXXX/XXXX. 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 1237 and costs

The Claimant has compiled, as far as is necessary, with the Pre-Action Conduct Practice Direction.

 

The value of the claim is 1302 (after the court fee has been added).

 

The current account was opened before 2007, as a student bank account, probably in '97.

 

Prior to selling my debt to MKDP I had letters from HSBC, Metropolitan Collection Services, DG Solicitors, Central Debt Recovery, DLC and Newman & Co. Since MKDP took ownership letters have been received from MKDP, MK Rapid Recoveries, Raven Recoveries and Keynes Collections. The letters range from Urgent Communication, Urgent Notice, Final Demand, Final Discount Offer, Notice of Debt Recovery, Notice of Further Action, Settlement Offer, Final Notice, Final Demand, and (Feb '14) a Notice of Intended Legal Action (Keynes). For the reasons mentioned previously on this thread I ignored them all and have made no contact

 

I didn't receive an (?) official Notice of Assignment but am in receipt of a letter dated March 2012 advising that my account had been sold to MKDP.

 

I cannot find the Default Notice from HSBC but it is listed as 06/08/10 with the CRAs. Nor can I find any letters headed “Notice of Default sums”. I cerainly haven't received any in recent years.

 

As detailed previously I dispute this debt which is secondary to bank charges and the snowballing effect they had on my finances. I unsuccessfully made a claim for refund of bank charges. I was incorrect in my details regarding the hearing for the removal of the stay, although I'm not sure of any relevancy now. My (new at that time) employer wrote to the court and requested that the hearing be postponed or rearranged as it would detrimental to my training to have any time off around that time. On the General Form of Judgement or Order received this was refused and my application to have the stay removed was dismissed. I did move house not long after starting this new employment and therefore missed any further communication from the courts.

 

I freely admit that, due to family life and work concerns, I have allowed my financial concerns to go unaddressed. My partner and I got back together and have since gone on to have a second child (who is now 4 years old!!!) Although I am now in a better financial position, debts are still present from my past and are being kept 'at bay' by my continuing token payments from years ago.

 

What are my options? I still feel strongly that I was treated unfairly regarding the bank charges affair but this is probably an entirely different matter now? Could this form any part of a suitable defence?

 

I have not yet acknowledged the claim form but am unsure how to proceed after that. By acknowledging the claim, rather than any other action, am I correct in thinking this demonstrates my disagreement and intention to defend?

 

Thanks everyone.

 

DD

[InformedSearcher]

Personally I doubt whilst HSBC have written over the rights

MKDP don't have 'all' your details from them.

 

I'm guessing you had numerous letters from DC Solicitors (in house HSBC people)?

 

It's simply their procedure.

 

Now you are going to start receiving calls from MKDP, believe me you will receive many!

 

With someone like HSBC they have a simple procedure.

 

Each month unpaid (whatever) registers 1 point.

 

So if you said paid half of the monthly payment it would be 0.5 point against you.

 

After a full 6 points it'll generate a 'default notice' which needs to be checked carefully to say the least.

 

DC solicitors follow and of course your current predicament now it's got to MKDP.

 

That's the background so there are many people on here who can guide you further.

Michael

[389shell]

Subbing with interest. My hubby is in a very similar situation.

[AndyOrch]

Hi Dave...

 

If you could take time to read and complete the following with the information requested...this will assist greatly in advice being offered.

 

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

 

Regards

 

Andy

[dx100uk]

three historic threads relating to this HSBC account merged for history.

 

dx

[davedru]

Hi Dave...

 

If you could take time to read and complete the following with the information requested...this will assist greatly in advice being offered.

 

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

 

Regards

 

Andy

 

Thanks Andy. I had that page open alongside whilst I wrote my post but I apologise if I missed any details......

 

Name of the Claimant? MKDP LLP

 

Date of issue – 10th March 2014

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total). I calculate that gives me until 29th March to acknowledge and my defense by 12th April?

 

What is the claim for / their particulars of claim (verbatim)

The Claimant claims the sum of 1237 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 08/12/2011.The Defendant(s)'s account number was XXXX/XXXX. 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 1237 and costs. The Claimant has compiled, as far as is necessary, with the Pre-Action Conduct Practice Direction.

 

What is the value of the claim? - the value of the claim is 1302 (after the court fee has been added).

 

Is the claim for a current or credit/loan account or mobile phone account? Current account

 

When did you enter into the original agreement before or after 2007? Before 2007

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Account was (?) assigned to MKDP LLP in Dec 2011 and it is they who have issued the claim.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? I didn't receive an (?) official Notice of Assignment but am in receipt of a letter dated March 2012 advising that my account had been sold to MKDP.

 

Did you receive a Default Notice from the original creditor? I cannot find the Default Notice from HSBC but it is listed as 06/08/10 with the CRAs.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year? I do not remember receiving any of these

 

Why did you cease payments:- I disputed the debt with the original creditor, following an unsuccessful attempt to reclaim unfair bank charges

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? I spoke on a couple of ocassions to advisors, in branch. My last conversation ended with my being advised to "have more money" in my account as a way to avoid such charges. I believe this was following yet another 'unfair' charge. I did not speak to them again except during proceedings for reclaiming charges. I made no attempt to enter a debt management plan.

[davedru]

three historic threads relating to this HSBC account merged for history.

 

dx

 

Thanks dx100uk

[AndyOrch]

As this is a current account you need to send this version of the CPR 31.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387483-LEGAL-CPR-31.14-Request-when-Claim-is-being-made-for-a-Current-Account

 

You have 33 days if defending to deal with the claim...19 to Acknowledge service from the date on the claim and another 14 days to submit your defence (33 days)

 

Regards

 

Andy

[davedru]

Hi,

 

I have completed the acknowledgement of service form, albeit via MCOL,

confirming that I intend to defend all of this claim.

 

The claim refers to an unpaid overdraft with the current account.

 

Using the CPR31.14 template relating to a current account (thanks!)

I have drafted a version although I am a little confused over what is meant by some of the wording and hope to have it clarified before sending.

 

I do not believe that will be counterclaiming against MKDP LLP, will I???,

so have comfirmed only my intention to contest their claim.

 

Do requests 1, 2 and 3 apply to all current accounts as standard?

 

As can be seen in the particulars of claim above I can see only mention of the CCA 1974, 'terms of the bank account'

and a statutory default notice that was served.

 

The claimant is MKDP LLP, as opposed to HSBC (the original creditor), so request 4 is appropriate.

 

Regarding request 1 (the agreement/overdraft facility confirmation and Terms and Conditions from that date)

- although there is no specific 'agreement' mentioned in the particulars

 

am I correct in thinking it is implied as it relates to a current account

(which will therefore have had an agreement and associated Ts&Cs!!)?

 

There is also no mention of an overdraft,

although the account did have overdraft facility (so there should have been an overdraft facility confirmation?).

 

Can I therefore continue with request 1 in its templated form?

 

Regarding request 2, the demand/termination notice, as they have made no mention of this is this implied under the CCA1974?

 

There is no specific mention of notice of sums in arrears although there is reference to "debit balance". Is request 3 a standard requirement and therefore applicable?

 

Considering the above shouldn't the wording within the template say

"...production of a verified and legible copy of each of the following document(s) mentioned, or implied, in your Particulars of Claim:....."

 

I don't mean to appear pedantic, or cause any offense,

I just want to ensure that I am doing this correctly and have no legal knowledge whatsoever.

 

All the information available surrounding this request states that it should be sent to the solicitor named on the claim form.

 

On my claim form, there is no solicitor mentioned but rather the claimant themself ('Claimant's Solicitor' is crossed out with XXXXX),

 

who I'll abbreviate as SL.

 

Should I therefore send my request to SL at MKDP LLP (by registered post)?

 

I am also going to send a CCA1974 request to the claimant (again by registered post )?

- again this is to MKDP LLP?

 

But not addressed to anyone in particular?

 

Despite both the CPR31.14 and CCA1974 requests going to MKDP LLP is it advised that these are still sent separately?

 

Thanks in advance,

 

DD

[AndyOrch]

Hi,

 

I have completed the acknowledgement of service form, albeit via MCOL, confirming that I intend to defend all of this claim. The claim refers to an unpaid overdraft with the current account.

 

Using the CPR31.14 template relating to a current account (thanks!) I have drafted a version although I am a little confused over what is meant by some of the wording and hope to have it clarified before sending. I do not believe that will be counterclaiming against MKDP LLP, will I???, No so have comfirmed only my intention to contest their claim.

 

Do requests 1, 2 and 3 apply to all current accounts as standard? Yes As can be seen in the particulars of claim above I can see only mention of the CCA 1974, 'terms of the bank account' and a statutory default notice that was served. The claimant is MKDP LLP, as opposed to HSBC (the original creditor), so request 4 is appropriate.

 

Regarding request 1 (the agreement/overdraft facility confirmation and Terms and Conditions from that date) - although there is no specific 'agreement' mentioned in the particulars am I correct in thinking it is implied as it relates to a current account (which will therefore have had an agreement and associated Ts&Cs!!)? Yes There is also no mention of an overdraft, although the account did have overdraft facility (so there should have been an overdraft facility confirmation?). Well they cant obviously claim for a current account so its accepted its the overdraft they are referring to Can I therefore continue with request 1 in its templated form? Yes

 

Regarding request 2, the demand/termination notice, as they have made no mention of this is this implied under the CCA1974? Cant enforce the agreement without serving one

 

There is no specific mention of notice of sums in arrears although there is reference to "debit balance". Is request 3 a standard requirement and therefore applicable?

 

Considering the above shouldn't the wording within the template say "...production of a verified and legible copy of each of the following document(s) mentioned, or implied, in your Particulars of Claim:....." I don't mean to appear pedantic, or cause any offense, I just want to ensure that I am doing this correctly and have no legal knowledge whatsoever.Most particulars dont even imply never mind refer so its irrelevant...the whole request is really to put them on notice that you know a little and what is to come should they wish to proceed...CPR requests are invariably ever responded to anyway but that does not matter its the requesting and they not complying is what we are trying to achieve.

 

All the information available surrounding this request states that it should be sent to the solicitor named on the claim form. On my claim form, there is no solicitor mentioned but rather the claimant themself ('Claimant's Solicitor' is crossed out with XXXXX), who I'll abbreviate as SL. Should I therefore send my request to SL at MKDP LLP (by registered post)?Yes

 

I am also going to send a CCA1974 request to the claimant (again by registered post )? - again this is to MKDP LLP? No CCA section 77/78 request is not applicable to overdrafts But not addressed to anyone in particular? Despite both the CPR31.14 and CCA1974 requests going to MKDP LLP is it advised that these are still sent separately? Not applicable as you only sending a CPR 31.14.

 

Thanks in advance,

 

DD

 

Regards

 

Andy

[davedru]

Thanks Andy. I really appreciate your quick response to my seemingly silly questions :-/

 

DD

[davedru]

Sent. I guess it's now just a waiting game....

[davedru]

Well, this is not helpful Royal Mail......

 

Item XXXXXXXXXXXXX was posted at XXXXXXXXXX on 31/03/14 and is being progressed through our network for delivery.

 

1st class as well!