MKDP LLP claim form - HSBC managed loan 'debt'

[389shell]

Just making sure that everything I have done is correct.

 

hubby got a claim form this week with an issue date of 10th March.

 

So far i've acknowledged and am defending the whole amount,

have sent HSBC a CPR 31.14 and have SAR'd them.

 

THE HISTORY

Originally hubby had a credit card,

got into difficulty paying it off but all payments made were on time.

They called him into the bank and offered him a managed loan to pay it all off which he took.

 

We got into financial difficulties so hubby stopped paying it,

he has had loads of letters which he hasn't kept so I don't know what they have sent with regards to the CPR request

but am going with it all.

 

The managed loan was then put onto his bank account which he hadn't used for ages, this is years ago.

 

Now some time in the last few years he got a tax refund which was paid into this account,

we don't know when but the SAR will tell us.

 

Apart from that the account just hasn't been touched at all for about 10 years or so.

 

So I don't think that there is anything else I should do at present except wait.

[renegadeimp]

Was there ever a period of 6 years ( 5 in scotland) where no payment was made and no written acknowledgement was made? if so, then you'll be using a SB defence.

 

 

edited..

[AndyOrch]

Hi shell...If you could take time to read the following and provide the information requested...this will assist greatly in the advice to be offered.

 

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

 

Regards

 

Andy

[dx100uk]

if the claimant is listed as MKDP the CPR should goto them.

 

I suspect this debt has been sold.

 

you also need to look in the HSBC forum with regard to the 'managed loan'

 

as they often merged debt covered by the CCA act and debt NOT covered by the CCA act into one..thats a big no-no.

 

dx

[389shell]

Thanks all, I'll have a look at that link although hubby hid a lot of stuff from me paperwork wise and buried his head quite a few years ago - and so the ripples have reached us.

 

Am currently toying with the lurgie that has entered the household too, so apologies for the delayed answers.

[AndyOrch]

Make sure you keep an eye on the the time frame then...or they will get judgment by default.

[389shell]

In order for us to help you we require the following information:-

 

Name of the Claimant ? MKDP LLP (FLEMING HOUSE, MILTON KEYNES)

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 10 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)

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down.

 

The claimant claims the sum of 893.00 being monies due from the Defendant 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 Defendants account number was xxx. It was a term of the bank account that any debit balance would be repayable in full on demand. The Defendant has failed to make payment as required by the statutory default notice served by HSBC Bank Plc. The Claimant claims the sum of 893.00 and costs. The Claimant has complied, as far as is necessary, the the Pre-Action Conduct Practice Direction.

 

What is the value of the claim? 893.00

 

Is the claim for a current or credit/loan account or mobile phone account? Bank account (current)

 

When did you enter into the original agreement before or after 2007? Probably before, but he can't be 100% until paperwork comes through.

 

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. MKDP, think these are in-house?

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? He doesn't know.

 

Did you receive a Default Notice from the original creditor? I'll find this out later

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Doesn't think so

 

Why did you cease payments:- Financial difficulties

 

Was there a dispute with the original creditor that remains unresolved? No, but the old managed loan to pay off a credit card has reared it's head, so I'll be reading about that next.

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? No

 

What you need to do now.

 

Answer the questions above

 

If you have not already done so – send a CCA1974 request to the claimant Don't think this is relevant to a bank account is it? I haven't done as yet.

 

Send a CPR31.14 request to the solicitor named on the claim form for copies of documents mentioned/implied within the claim form. There are two different versions - one for Loans/Credit cards the other for Current accounts Done

 

Request 1 - Loans/Credit Cards

 

Request 2 - Current accounts

 

Send CPR part 18icon request for any other information that you might require in order to defend yourself.

 

If you require CPR Part 18 - this will need to be drafted specifically.

 

If you are not planning on defending for one reason or another – then you will need to complete an Income and Expenditure form and contact the Solicitor with your proposal. The N9a is already enclosed in the claim pack for Admittance which should be sent to the solicitor named on the claim form

 

If you are considering making a partial admittance N9b must be completed and returned to the court.

Please note in most cases a partial admittance will result in an automatic CCJ for the amount admitted.

 

This is all I know for now, as I said hubby just threw paperwork and buried his head!

[389shell]

Thanks Andy, I have it written on the fridge in huge letters.

[AndyOrch]

Thanks Andy, I have it written on the fridge in huge letters.

 

Excellent

[389shell]

So far I haven't received anything from MKDP regarding the CPR, however this morning hubby got the following letter from HSBC

 

REQUEST FOR PROVISION OF PERSONAL INFORMATION

 

We have received your request for personal infromation and I have tried to contact you to discuss this without success.

 

Could you please contact us on 0114 252 9269 between the hours of 9.00am and 5.00pm Monday to Friday so we can discuss your requirements further.

 

 

I sent the template letter which is self explanatory, so what's their game?

[389shell]

The typo is my own :o

[AndyOrch]

HSBC being the original creditor...I would contact them they may need to adjust the claim amount...this has happened to other posters.

 

Andy

[389shell]

I think it's about the SAR we sent. Well I'll tell hubby to ring them then, see what they have to say for themselves. Thanks Andy.

[389shell]

Right-oh, I've tried my best to form a defence, it has to be in by tomorrow. We have received nowt from MKDP so how's this (I have nicked bits and pieces from all over this site). I would really, really appreciate any help at all as I have no idea what I'm doing!

 

 

 

In the Northampton (CCBC) County Court

 

Claim number XXXXXXXX

 

Between

 

MKDP = Claimant

 

and

 

Me – Defendant

 

DEFENCE

 

1. I xxxxx am the defendant in this action and make the following statement as my defence to the claim made by MKDP.

 

2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof.

 

3. The claimants Particulars of Claim are vague and fail to disclose any cause of action, they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the civil procedure rules. (Even allowing for the constraints of the bulk issue system)

 

4. On receipt of the claim form the defendant sent a cpr 31.14 request for a copy of the agreement and supporting documents which forms the basis of this claim

 

5. The documents requested were, in addition to the agreement as above, notices of sums in arrears, a copy of the default notice and the termination notice. To date no response has been received from the claimant.

 

6. It has been confirmed via the royal mail website that the above letter was received and signed for.

 

7. As a result, the claim as pleaded does not contain sufficient particulars to permit me to file a properly particularised and pleaded defence. I am at a disadvantage to respond to this claim and to allow me to properly respond to the claim. Consequently, I deny all allegations on the particulars of claim and put the claimant to strict proof thereof.

 

AND the Defendant

 

Seeks an order that the Claimant’s action is struck out or otherwise is dismissed on the grounds that any claim cannot succeed.

 

Alternatively if the court decides not to strike out the Claimant’s case, it is requested that the court orders full disclosure of the requested documents pursuant to the civil procedure Rules.

 

The Defendant respectfully asks the permission of the court to amend this defence if or when the Claimant provides full disclosure of the requested documents and allows inspection of the original documents.

 

Statement of Truth

 

I believe that the facts stated in this defence are true.

 

 

Signed

 

Me

 

Defendant

[389shell]

A quick bump after work,

[389shell]

Can anyone have a quick look over before I send this off please?

[AndyOrch]

Try this one ...edit to suit:-

 

DEFENCE:

 

1 :The Defendant accepts having had Credit facilities with Capital One PLC in the past. It is not admitted that the amount claimed is outstanding.

 

2: It is accepted that the agreement was assigned to the claimant but with no admittance of the balance claimed.It is denied that I was ever served a Notice of Assignment and was unaware of the legal process of assignment of debts and felt pressured into making payments.

 

3: It is denied that the claimant can add sec 69 interest to the amount claimed as per the County Courts Act 1984 It is my understanding that this is awarded at the courts discretion and therefore invalidates the amount claimed and is not a true reflection of any alleged indebtedness.

 

4: On receipt of the claim, the Defendant immediately requested copies of any documents or information that would support the claim. The request was made by CPR 31.14 and Section 78 request. The Claimant has ignored this request and remain in default. I understand that until their complience the Claimant is unable to request any relief or enforce any agreement.

 

 

5: Until such time the Claimant complies I the Defendant deny any liability to the Claimant and puts the claimant to strict proof to :

 

 

(a) show how the Defendant has entered into an agreement with the Claimant; and

 

(b) show how the Defendant has reached the amount claimed for; and

 

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

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

 

7: On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974.

 

8: 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 at all.

[389shell]

Ahhhh, much better and clearer than my shambled attempt. As always, many thanks Andy.

[AndyOrch]

[389shell]

Defence in!

[389shell]

Hello again.

 

Well we haven't heard anything from MKDP but received this from the court, can anyone advise what it means?

 

Noitce of Proposed Allocation to the Small Claims Track

 

Important Notice

 

If you do not comply with this notice the court will make such order as appears to be appropriate. This cold include striking out the claim or entering judgment.

 

TAKE NOTE THAT

 

1 This is now a defended claim.

 

The defendant has filed a defence,

 

2 It appears that this case is suitable for allocation to the small claims track.

 

If you believe that this track is not the appropriate track for the claim, you must complete blah, blah, blah.

 

3 You must by 14 July 2014 complete the Small Claims Directions Questionnaire (Form N180) and file it with the court office

 

Addrress

 

and serve copies on all other parties.

 

Any thoughts?

 

Thanks.

[AndyOrch]

As it states on the tin......

 

You must by 14 July 2014 complete the Small Claims Directions Questionnaire (Form N180) and file it with the court office

 

Andy

[389shell]

Is it routine for these to be sent out even though the claimant has not sent through the paperwork requested?

 

What to we say about mediation, surely if they can't provide the paperwork that their claim is based on then there is nothing to answer?

 

It just confused me because they have sent us nothing yet it seems that the court is going ahead with it?

 

Thanks.

Edited July 2, 2014 by 389shell
stupid extra words I typed without thinking

[Ganymede]

Disclosure will be ordered at the appropriate time.

[389shell]

Right, thanks very much.