MKDP LLP Claim form for HSBC Credit Card

[ketajeta]

Hi all,

 

I have been reading various CAG threads and have learnt lots in the past few days.

Thank you to all the contributors and administrators for maintaining this invaluable web resource!

 

I am looking for some help regarding next steps in relation to the above claim.

 

Due to some issues personally, I haven't been quick to respond,

but I have now ensured that this is my priority over the coming weeks and months.

Thank you in advance for your time and energy.

 

Name of Claimant:

MKDP LLP

 

Issue Date:

20 MAR 2014

 

Particulars of Claim:

The Claimant claims the sum of 5xx.xx being monies due from the Defendant to the

Claimant under a regulated agreement originally between the Defendant and HSBC Bank Plc.

 

The Defendant's account number was 54xx xxxx xxxx xxxx and was assigned to the Claimant on xx/1x/2011,

notice of this has been provided to the Defendant. T

 

he Defendant has failed to make payments in accordance with the terms of the agreement

and a default notice has been served pursuant to the Consumer Credit Act 1974.

 

The Claimant claims the sum of 5xx.xx and costs.

 

The Claimant has complied, as far as is necessary,

with the pre-action conduct practice direction.

 

Action I have taken already:

I have filed the AoS on the moneyclaim.gov.uk website today (07 April 2014), stating that,

"I intend to defend all of this claim"

 

Additional details:

This is for a credit card account.

 

I was forced to stop making payments at some point in 2009 due to losing my income because of the financial crisis.

 

I started getting into difficulties towards the end of 2008 but continued making payments until the middle of 2009 before I ran out of savings.

I am not sure of exact dates, but will go through my records shortly.

 

The amount that is being claimed by MKDP is in the high 500s; with the court fee added, this becomes near £650.

 

I do not recall receiving a Notice of Assignment,

Default Notice (from the original creditor),

or statutory Notice of Default Sums,

but I am not 100% sure on this.

 

In any case, any documents were not sent by registered post.

 

I have not acknowledged or made any further payments since I stopped making payments to HSBC sometime in the middle of 2009.

 

I am sorry that I cannot be more specific on dates,

but this was a few years ago and the associated documents have been misplaced. However I can and do intend to dig them up ASAP.

 

I know I have delayed responding to this claim; sorry.

This was due to some personal issues.

Going forward, I will ensure that dealing with this is my priority. I hope that I have enough time to file a proper defence.

 

I would be grateful to receive advice on what I should do next.

 

Thank you,

KJ

[AndyOrch]

Hi ketajeta and welcome to CAG

 

You have 33 days in total if defending this claim (19 days from the date on the claim to acknowledge service) and a further 14 days to submit your defence.

 

If you could confirm the date of the agreement and also read the following and add anything that you have not already provided.

 

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

 

I would also advise you send a CPR 31.14 request and also a section 78 request if not already...templates can be found in the library.

 

Regards

 

Andy

[ketajeta]

Thank you Andy and thanks for your advice.

 

I am unsure of the exact date of agreement, but I applied and got the credit card in the second half of 2007.

 

In relation to the CPR request, do I send in just one, or send in three letters, three days apart? I read that somewhere.

 

Also, which one is the correct template for the section 78?

 

Is there anything else I should be doing?

 

Thanks,

ketajeta

[AndyOrch]

We only have one section 78 request :-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974

 

And yes you only send one...I have seen the website you refer to with the three letters three days apart and stand on your head and count backwards from 10:lol:

 

Just follow your time line ..acknowledge the claim and then submit your defence.

 

Regards

 

Andy

[ketajeta]

Thank you Andy.

 

And just to confirm, both CPR 31.14 and section 78 requests go to MKDP right? Do I have to send anything to HSBC?

 

Also, with this agreement being made post April 2007, does that put me in a weaker position with regards to successfully defending this case?

 

Thank you,

Ketajeta

[AndyOrch]

Thank you Andy.

 

And just to confirm, both CPR 31.14 and section 78 requests go to MKDP right? Do I have to send anything to HSBC? No they are not the owners or suing you

 

Also, with this agreement being made post April 2007, does that put me in a weaker position with regards to successfully defending this case? All depends on what your defence relies on.....if there is a genuine dispute no ...if you are looking for legal loopholes yes it wont wash

 

Thank you,

Ketajeta

 

Regards

 

Andy

[ketajeta]

Regards

 

Andy

 

Thank you Andy; the CPR 31.14 and the section 78 requests are going out first thing tomorrow

(Wednesday, 9th April), to be received by them on Thursday, 10th April.

 

In relation to the CPR 31.14,

 

I am a little confused as to when their 7 days will be up?

 

On the 16th, 17th or 18th of April?

 

Thanks. I ask as I might need to follow up with a N244 before the deadline for my defense.

 

As the weekend of the 19th of April is a 4-day-long Easter weekend,

this might be challenging if things need to be sent by post.

 

According to my calculations, as the issue date was 20 March 2014,

 

the deadline for my defense is, 5+14+14 = the 21st of April,

which is a bank holiday so I can't post anything then!

 

Thanks again

[dx100uk]

some bank holidays are NOT included.

There are only 2 bank holidays that affect court dates....Good Friday and Christmas Day so you only need to adjust by 1 day....

 

however it matters not if/if not they reply in 'time' to the cpr

 

they don't 'have' to respond to CPR

 

however they do have 12+2 Working days for the CCA .

 

you file regardless.

 

dx

[ketajeta]

Thanks dx,

 

I know I'm silly for not acting on this claim straight away. But given the fact that the issue date of the claim on the Claim Form is 20 March 2014, I have 3 questions:

 

1. What is the last day for me to file my defense according to your calculations? I calculate it as the 21st of April, which is a bank holiday, but are you saying that bank holidays don't count?

 

2. Or did you mean that they don't count in relation to CPR 31.14 requests but they do count for the defense deadline?

 

3. Finally, after I submit my defense, how long does it usually take for them to allocate the case to the small claims track? I ask because, as I understand it, CPR 31.14 only applies before the small claims track is chosen.

 

I am a little confused. Thanks for your help

[AndyOrch]

There are only 2 bank holidays that affect court dates....Good Friday and Christmas Day so you only need to adjust by 1 day....

section 1 of the Banking and Financial Dealings Act 1971.

 

They wont respond to either so forget the dates and responses ...concentrate on your defence date.

 

More importantly what does this refer to " I ask as I might need to follow up with a N244 before the deadline for my defense. ":!:

 

Andy

[ketajeta]

There are only 2 bank holidays that affect court dates....Good Friday and Christmas Day so you only need to adjust by 1 day....

section 1 of the Banking and Financial Dealings Act 1971.

 

They wont respond to either so forget the dates and responses ...concentrate on your defence date.

 

More importantly what does this refer to " I ask as I might need to follow up with a N244 before the deadline for my defense. ":!:

 

Andy

 

Thanks Andy. I was thinking that if they don't respond to the CPR 31.14, I should get an N244 in order to get the court to order them to comply with it, or if they still don't, the case would get struck out? But I have probably understood this wrong? Thanks again. Also, do you think filing the defence on Tuesday, 22nd April would satisfy the deadline? Thanks.

Edited April 9, 2014 by ketajeta

[AndyOrch]

Very risky and costly to make application to disclose...disclosure follows the defence at standard disclosure in the court time table not the other way around.

You cant use none disclosure as a basis of defence.

 

Submit your defence whenever you are ready nothing will change from now till then.

[ketajeta]

Ok, thanks Andy, just one more thing.. who do I address the letters to? MKDP LLP, who are "The Claimant", or to Sarah Lambert? It is signed by a Sarah Lambert, well not an actual signature just the name typed in a standard PC font next to where it says "signed" at the bottom left of the Claim Form. Thanks again.

[AndyOrch]

The solicitor named on the claim form.

[ketajeta]

On the claim form,

 

the Claimant is MKDP LLP. And

 

under "Address for sending documents and payments" it lists MKDP LLPs address.

 

There is no mention of a solicitor.

 

So am I right in concluding that the claimant and the solicitor are both MKDP?

 

The CPR letter went a couple days ago.

 

With regards to the CCA request,

should I be sending this as well?

 

The CCA request would also go to MKDP,

but I have already asked for the agreement under the CPR so is there any point?

 

Also, I feel that sending that CCA request could imply that I am acknowledging the debt, resetting the SB clock.

 

Do you think I should send the CCA request too?

 

Thanks!!

[dx100uk]

CCA does NOT ever ack a debt.

 

CPR can be ignored by the claimant

CCA request is a legal request and cannot be ignored.

 

send it today 1st class.

 

to the claimant

[ketajeta]

Thanks dx.

 

The CCA request is going out first class today in that case.

 

Should I add "I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY"

 

as the first line of the CCA request just to be on the safe side?!?

 

Or is that a categoric no no?

 

Thank again!

[dx100uk]

why?

 

if it needed that, we would have included it in our template letter for a cca request

[ketajeta]

Thanks, I take your advice!

[AndyOrch]

I always advocate writing that heading if the debt has been assigned just to be safe and they discontinue the claim..the clock restarts without acknowledgement.

 

Regards

 

Andy

[ketajeta]

I always advocate writing that heading if the debt has been assigned just to be safe and they discontinue the claim..the clock restarts without acknowledgement.

 

Regards

 

Andy

 

Thanks Andy. I hope you and everyone else has had a good Easter break. By the time I saw your reply, I had sent the CCA letter already without the heading "I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY". I hope this won't be a problem.

 

To update, the CCA and the CPR 31.14 requests were sent to MKDP around the 10th/11th of April. The postman has been today and I haven't heard anything back from MKDP as yet.

 

Today is the last day for me to file my defence. I have been looking at Andy's defences for similar cases and have come up with the following. Please read and let me know if this is ok. Thanks a million!

 

**********************************

(INTENDED DEFENCE FOR MCOL WEBSITE)

 

The particulars of claim read as follows:

 

The Claimant claims the sum of 5xx.xx being monies due from the Defendant to the Claimant under a regulated agreement originally between the Defendant and HSBC Bank Plc.

The Defendant's account number was 54xx xxxx xxxx xxxx and was assigned to the Claimant on xx/1x/2011, notice of this has been provided to the Defendant. The Defendant has failed to make payments in accordance with the terms of the agreement and a default notice has been served pursuant to the Consumer Credit Act 1974.

The Claimant claims the sum of 5xx.xx and costs.

The Claimant has complied, as far as is necessary, with the pre-action conduct practice direction.

 

Defence

 

This claim is neither admitted nor denied with regards to the Defendant entering into an agreement referred to in the Particulars of Claim. The Claimant is put to strict proof as to the existence, execution and terms of any alleged agreement.

 

The Particulars of Claim are denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put 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;

 

On receipt of this claim, I sent a CCA 1974, Section 78 request to the Claimant dated xxx xxxxxx xxxx. This was sent via recorded delivery and signed for on the xxx xxxxx xxxxx. The Claimant has yet to comply.

 

Furthermore, on the xxx xxxx xxxxx I requested copies of the documents referred to in the Claimant’s Particulars of Claim by way of a Civil Procedure Request 31, PD 14. This was also sent via recorded delivery and signed for on the xx xxxxx xxxxx. The Claimant has yet to respond.

 

Therefore the Claimant is put 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;

 

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

 

On the alternative, as 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. The Defendant has no recollection of receiving a notice of assignment.

 

Until such time the Claimant can comply with my request for a copy of the agreement and other documents relied upon in the Claimant’s Particulars of Claim, the Claimant is prevented from enforcing or requesting any relief as pursuant to the Consumer Credit Act 1974.

 

The Claimant has not provided a default notice to the Defendant as claimed.

 

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]

The particulars of claim read as follows:

 

1.The Claimant claims the sum of 5xx.xx being monies due from the Defendant to the Claimant under a regulated agreement originally between the Defendant and HSBC Bank Plc.

2.The Defendant's account number was 54xx xxxx xxxx xxxx and was assigned to the Claimant on xx/1x/2011, notice of this has been provided to the Defendant.

3.The Defendant has failed to make payments in accordance with the terms of the agreement and a default notice has been served pursuant to the consumer credit Act 1974.

 

4.The Claimant claims the sum of 5xx.xx and costs.

The Claimant has complied, as far as is necessary, with the pre-action conduct practice direction.

 

Defence

 

Paragraph 1 is noted I have in the past had financial dealings with HSBC Bank PLC but deny any monies being due as alleged by the claimant MKDP LLP.

 

Paragraph 2 is denied I am unaware of any legal assignment between HSBC and MKDP LLP and the claimant is put to strict proof thereof.

Paragraph 3 denied the claimant has not provided a default notice as alleged, has failed to respond to a CPR request to verify any breach nor has it served any Notice of Sums in Arrears since their alleged assignment of 2011 and remains in default of my section 78 request dated xxxxxxxx.

 

Paragraph 4 is denied as yet the claimant has yet to provide any proof at all.

 

Therefore this claim is neither admitted nor denied with regards to the Defendant entering into an agreement referred to in the Particulars of Claim. The Claimant is put to strict proof as to the existence, execution and terms of any alleged agreement.

 

and the Claimant is put 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

(d) show that they have served a Notice of Sums in Arrears

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

 

 

On receipt of this claim, I sent a CCA 1974, Section 78 request to the Claimant dated xxx xxxxxx xxxx. This was sent via recorded delivery and signed for on the xxx xxxxx xxxxx. The Claimant has yet to comply.

 

Furthermore, on the xxx xxxx xxxxx I requested copies of the documents referred to in the Claimant’s Particulars of Claim by way of a Civil Procedure Request 31, PD 14. This was also sent via recorded delivery and signed for on the xx xxxxx xxxxx. The Claimant has yet to respond.

 

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

 

On the alternative, as 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. The Defendant has no recollection of receiving a notice of assignment.

 

Until such time the Claimant can comply with my request for a copy of the agreement and other documents relied upon in the Claimant’s Particulars of Claim, the Claimant is prevented from enforcing or requesting any relief as pursuant to the Consumer Credit Act 1974.

 

 

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.

 

Just a few tweaks ketajeta for your approval?

 

Regards

 

Andy

[ketajeta]

The particulars of claim read as follows:

 

1.The Claimant claims the sum of 5xx.xx being monies due from the Defendant to the Claimant under a regulated agreement originally between the Defendant and HSBC Bank Plc.

2.The Defendant's account number was 54xx xxxx xxxx xxxx and was assigned to the Claimant on xx/1x/2011, notice of this has been provided to the Defendant.

3.The Defendant has failed to make payments in accordance with the terms of the agreement and a default notice has been served pursuant to the consumer credit Act 1974.

 

4.The Claimant claims the sum of 5xx.xx and costs.

The Claimant has complied, as far as is necessary, with the pre-action conduct practice direction.

 

Defence

 

Paragraph 1 is noted I have in the past had financial dealings with HSBC Bank PLC but deny any monies being due as alleged by the claimant MKDP LLP.

 

Paragraph 2 is denied I am unaware of any legal assignment between HSBC and MKDP LLP and the claimant is put to strict proof thereof.

Paragraph 3 denied the claimant has not provided a default notice as alleged, has failed to respond to a CPR request to verify any breach nor has it served any Notice of Sums in Arrears since their alleged assignment of 2011 and remains in default of my section 78 request dated xxxxxxxx.

 

Paragraph 4 is denied as yet the claimant has yet to provide any proof at all.

 

Therefore this claim is neither admitted nor denied with regards to the Defendant entering into an agreement referred to in the Particulars of Claim. The Claimant is put to strict proof as to the existence, execution and terms of any alleged agreement.

 

and the Claimant is put 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

(d) show that they have served a Notice of Sums in Arrears

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

 

 

On receipt of this claim, I sent a CCA 1974, Section 78 request to the Claimant dated xxx xxxxxx xxxx. This was sent via recorded delivery and signed for on the xxx xxxxx xxxxx. The Claimant has yet to comply.

 

Furthermore, on the xxx xxxx xxxxx I requested copies of the documents referred to in the Claimant’s Particulars of Claim by way of a Civil Procedure Request 31, PD 14. This was also sent via recorded delivery and signed for on the xx xxxxx xxxxx. The Claimant has yet to respond.

 

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

 

On the alternative, as 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. The Defendant has no recollection of receiving a notice of assignment.

 

Until such time the Claimant can comply with my request for a copy of the agreement and other documents relied upon in the Claimant’s Particulars of Claim, the Claimant is prevented from enforcing or requesting any relief as pursuant to the Consumer Credit Act 1974.

 

 

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.

 

Just a few tweaks ketajeta for your approval?

 

Regards

 

Andy

 

This is much better Andy, less repetitive and more concise! I am just about to de-anonymise it and enter it into the MCOL website. I cannot thank you and this website enough for the help and support I have received ))

[ketajeta]

Update! My de-anonymised defence was submitted in time on the MCOL website. A few days after that, I received a letter from MKDP. Following are the anonymised excerpts:

 

*********************

XX April 2014

 

Dear XX

 

MKDP LLP v Yourself

Claim Number: XXXXXXXX

 

We write with reference to your recent request for documents relating to the Claim above.

 

Unfortunately at this time we are unable to fulfil your request. MKDP LLP takes great care to ensure that such matters are dealt with in a professional manner and as such we will need to liaise with the original creditor to request the appropriate documents.

 

We will forward these to you upon receipt, please note that this may take up to 8 weeks. We can confirm we will not make any applications or seek to enter Judgment during this time.

 

In the meantime should you require more information regarding this matter, please do not hesitate to contact us on XXXXXXXXXXX. Our office opening hours are: Monday to Thursday 8am to 7pm, Friday 8am to 6pm and Saturday 9am to 4pm. You can also contact us by fax on XXXXXXXXXXX or email us at [email protected].

 

Yours sincerely

"XXSignatureXX"

Legal Department

MKDP LLP

*********************

 

I think they are responding to my CPR and/or CCA requests which were both sent in the first half of April 2014. What should I do next? Should I send a CCA or DSAR to HSBC, who is the original creditor? Or just wait to see what happens? Thank you.

Edited May 15, 2014 by ketajeta

[AndyOrch]

Do nothing...let them take as long as they wish the claim will remain stayed and they in default of your section 78 request.

 

Regards

 

Andy