MKDP LLP Claim form for HSBC Credit Card

[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

[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

[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

[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

[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.

[AndyOrch]

The solicitor named on the claim form.

[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

[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

[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