MKDP claim form... Hsbc loan? Account??

[fanfan]

Hello all!!!! please help is needed here...

 

I don't know what I would have done without this site... big Thank you for the team...

 

I had a claim form from MKDP this week and stressed... again...

 

The claim has been issued by the Debt purchaser (claimant): MKDP LLP

- Original creditor: HSBC - Date of issue: 02 April 2014 - Value of the claim rounded up: £6700.

 

Particulars of Claim reads as follow:

 

The claimant claims the sum of £6700 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 xx/xx/xxxx.

 

The Defendants account number was xxxxxxxxxxx.

 

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 £xxxxx and costs.

 

The claimant has complied as far as necessary with the pre-action conduct practice direction.

 

Section 69 not included in any part of document.

 

I received ONE SINGLE Default Notice back in 2009 from the original creditor HSBC.

But no Notice of Assignment before this summon from MKDP.

 

They referred to the balance as relating to a Bank account but it was a PROFESSIONAL STUDY LOAN

taken between March and April 2007 to which they added £575 overdraft I used.

 

The account was firstly sent to MCS then chased by a few Debt collection agencies

including Moorcroft with which I had some dealings

 

I was supposed to start paying it back in 2009 but could not afford it as I had a major surgery

and could not finish the course thus same salary.

I discussed it with HSBC on several occasions to either postpone the repayment or lower it.

 

But instead they sent the debt to MCS.

 

I went to CAB which sent a financial statement to HSBC in AUG 09.

I was advised to pay £10 a month until my situation got better.

Then I received a letter from MOORCROFT in JAN10 to which I responded

explaining my financial situation then I came accross your site.

 

I formally requested a copy of the credit agreement under s.77/79 of the CCA.

 

MOORCROFT responded as follow: .

..we refer to your recently received letter requesting letter as per section 77-79 CCA 1974.

We duly confirm that we have requested the relevant documentation from our client

and once received we will duly forward the same to you.

meanwhile, we duly duly confirm that all collection activity on the account has been put on hold

and we will not seek to enforce payment of this debt until suvh time as the

documentation has been supplied or we have advised you to the contrary.....

I stopped all payment as the account was now in query.

 

In MAY 10, MOORCROFT wrote to CAB advising them to ask me to to continue paying the £10.

They started chasing back the full balance as if it was not in query.

 

I knew there was a part of the debt (£575) which was the overdraft I used.

 

I proposed to separate both debts and I will continue to make payment toward the £575

whilst the LOAN is in query.

 

They refused and continued to chase the full balance.

 

At this stage I started to ignore their threatening letters.

 

Then I was receiving chasing letters from other companies such

as Aktiv Kapital, Link, Wescott etc..

.and finally this summon which amount is incorrect to start with.

 

I guess I need to acknowledge service then send some requests to the sollicitor and the claimant?

 

I know you do that a lot but please treat me as an IT novice.

 

Could somebody point me in the direction of the suitable templates please?

 

And who to send what to who?

 

Where do I want to go now?

I don't know where to start or what to do.

Even what I WANT TO DO.

 

All I know is that I do not want a CCJ on my record.

 

If HSBC had accepted my offer we could have gotten somewhere.

I don't see how this case will make a difference since my situation has worsened.

I don't even reach the current minimum wage at present.

I am unable to pay.

 

And I thought since I have tried so many times to sort it with no luck,

and there is still no contract supplied and I was defaulted since 2009 preventing me to borrow,

I do not think it fair to bring it to court at this moment in time.

I don't know much about the law in relation to loans.

I would like however, to pay off the overdraft if of course it is separate from the LOAN.

 

DO I make sense????

 

I need as much help as possible..

 

. I have looked for similar cases as mine and could not find much similarities or maybe I didn't check well.

 

Also how do you donate???

 

you are doing an important job here helping people like myself...

[theoldrouge]

first have a read of the following info, and provide the answers requested, then more specific help can be offered-http://www.consumeractiongroup.co.uk...you-need-to-do.

[fanfan]

Thank you theoldrouge#

Could you please advise me on which CPR to use since they refer to the sum as a current account but it is in reality a loan.... should I just go with they said in their form? meaning CPR FOR CURRENT ACCOUNT?

[theoldrouge]

which account does the ac number relate to?

[dx100uk]

I would suspect this is an HSBC 'managed loan'

 

where by they have merged a loan covered by the CCA

with a bank account which is NOT.

 

lots of examples on here already.

 

have you ever sent HSBC amf sar to get all the statements etc etc

 

dx

[fanfan]

the account information they have given relate to my old current account with them...

[fanfan]

I would suspect this is an HSBC 'managed loan'

 

where by they have merged a loan covered by the CCA

with a bank account which is NOT.

 

lots of examples on here already.

 

have you ever sent HSBC amf sar to get all the statements etc etc

 

dx

 

 

I suppose but is this right I mean legally? as I read in other threads the law is a bit different in each instance.... Am I right?

[fanfan]

no #dx100uk# i nevr sent a SAR... didn't know about it... but will do on monday...

[fanfan]

Hi all....

 

follow up:

 

sent SAR to hsbc and CPR to mkdp both without signing.

 

HSBC replied with a form to fill in and sent back to any HSBC branch.

 

Apparently they need my signature to verify my identity and since there was none I must fill the form.

 

They returned my postal order as well.

 

The new form is asking for my signature.

Has anyone come across that before?

 

I have not filled my defense yet as i am waiting for those information.

 

What do I do for now?

 

please any suggestions will help tremendously..

 

. should i filled the form and sign?

 

I wish i could upload it for you to see i am on about.

thanks for now...

[dx100uk]

you should always sign an sar

 

and if you have moved

 

inc the old address and a copy of your current CTAX bill

 

dx

[fanfan]

thanks dx100uk# i will fill the form then and sign. I read somewhere the non-signing so thought it applies to all documents. thanks a lot.

[dx100uk]

that's ok

 

no just a CCA request or CPR should not be signed

[fanfan]

Hi

 

I have sent a SAR to HSBC and the CPR to MKDP.

 

MKDP has still not complied or even acknowledged reception by post.

 

I am running out of time to file my defense by Monday.

 

I have seen example of defense letter similar to mine.

 

Should I contact them again or simply file a defense explaining the situation?

 

Please if possible direct me to a more appropriate letter...

 

I appreciate every helper here as this is something new to me..

 

. thanks a lot....

[dx100uk]

its their problem if they don't respond

 

you still file a defence ON TIME

 

plenty of threads here in this forum

detail the defence to use

[fanfan]

Hi all

 

According to Summons, my defence is due on Monday. I am going to reply this afternoon as I was waitnig for the post just in case. I have seen a few defenses and pick this one to be adjusted accordingly. CAN SOMEONE PLEASE READ IT AND ADVISE? English is not my 1st language (not an excuse) and want to make sure it is lisable to a learned person.

 

 

MY DEFENCE: 1. I, XXXXX am The Defendant in this action and make the following statement as my defence to the claim made by MKDP LLP

2. Except where otherwise mentioned in this defence, the Defendant neither admits nor denies any allegation made in The Claimant’s Particulars of Claim and puts The Claimant to strict proof thereof.

3. The Claimant’s 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 Procedureicon rules (even allowing for the constraints of the bulk issue system).

4. No documents supporting the claim in the Particulars of Claim have been offered which the Defendant needs to establish what agreement it is that this action is based upon and so the Claimant's claim appears to be without merit.

5. On receipt of the claim form the Defendant sent a CPR 31.14 request dated XXXX for a copy of the credit agreement, default notice, notice of assignment and a statement of account showing how the amount claimed has been reached, which form the basis of this claim.

6. The Defendant also sent a formal request to HSBC for a SAR on the XXXXX. Though HSBC has acknowledged reception the Defendant is still to receive the documents which will ascertain any allegation made by MKDP LLP.

7. It has been confirmed via the Royal Mail website that the above letters were received and signed for on XXXX at 11:10 am.

8. To date no response has been received from The Claimant.

9. As a result, the Claimants claim does not contain sufficient particulars to permit the Defendant to file a properly particularised and pleaded defence. The Defendant is at a disadvantage to respond to this claim and consequently denies all allegations In the Particulars of Claim and put the Claimant to strict proof thereof.

10. It is denied that the Defendant has any agreement with MKDP LLP

11. If, which is not admitted, such an agreement exists, the precise terms and date of any such agreement are not admitted. The Defendant does not possess any such agreement and is unable to comment thereon. The Claimant is put to strict proof as to the date and terms of such agreement.

12. Without admission that any cause of action is shown by The Claimant, the Defendant denies being indebted to The Claimant as alleged or at all.

13. It is alleged the Claimant has an agreement and there has been an Assignment. Within the Particulars of Claim it was stated that there had been an assignment to the Claimant on 08/12/2011. It is averred that no such Notice of Assignment has been served pursuant to Section 136(1) of the Law of Property Act 1925. Without a Notice of Assignment, The Assignment is merely equitable and The Claimant is put to strict proof to disclose this and prove that this claim can commence in their own name.

14. 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.

i. 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.

ii. 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.

 

PLEASE ANYONE BETTER ACQAINTED TO ADVISE AND COMMENT....

[fanfan]

Hi all

 

I have now received a letter from the court to file N180 which allocate the case to the small claims track.

 

am a bit lost here.

 

I received no reply from MKDP not even an acknowledgement.

 

Which means I still can't defend this case fully prepared.

 

But right now, I need help to understand the following:

 

1- does it means that the claimant has replied and advised the court to continue proceedings?

or is it normal practice to allocate the case first then wait for the parties to react?

I am asking what the next step will be.

 

2- I am given the option to mediate which I am inclined to do.

Has anyone used that route before?

what exactly do they do?

is it similar to the ombudsman who say they are impartial but the reality is usually not?

and if I use this service and the outcome is not satisfactory, what will be my options?

 

Any advice at this stage will help... I only have 5 days to file...

 

 

THANKS IN ADVANCE TO ANYONE THAT WILL TAKE TIME OUT OF THEIRS TO CONSIDER HELPING ME.

[Ganymede]

It means that the Claimant is continuing.

 

Disclosure of documents will be ordered in the Directions after both parties have filed their DQ.

[fanfan]

Thanks Ganymede for replying to me. But have you come across with the mediation route?

[Ganymede]

I've no direct experience with mediation. However if you are happy to try it is quite informal and usually done over the phone. Plus the judges like to see that you have tried.

[fanfan]

thank you... that's what I thought....

[fanfan]

hi all

 

It is been a while since there was no news until now.... COURT date is now confirmed and disclosure is due next week.

 

My question is

what exactly do I send since I do not have any documentation.

MKDP sent me a bunch of bank statements in response to the CPR. no notice of assignment or agreement.

 

However, HSBC sent me lots and lots of useless paper in response to the SAR with dates

and time of some of my calls but no agreement is included.

 

 

I was told 4 years ago by a staff that they did not have the agreement anymore as they stopped giving this type of loan.

 

 

I was able to find something that look like the Loan agreement.

 

 

But can someone direct me on how to send it to you and to who in particular?

 

 

just to have a look. there is no signature whatsoever...

 

I know you are all busy but please give me your opinions... the court case is in Dec...

Edited October 14, 2014 by Andyorch
Paragraphs added

[AndyOrch]

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[fanfan]

Hello,

 

This is what I think is the agreement...

[dx100uk]

follow the guide please

 

 

you need to put all the pix into a word doc

 

 

then convert that to PDF.

 

 

just a small point.

 

 

if MKDP don't send you anything then what you have fro the sar you keep quiet above :laugh

[fanfan]

ok... I will do just that.Thanks a lot dx100uk.

But concerning the uploads, it took me 3 hours and this is the very best i could achieve. I will try again to convert to PDF. Thanks a lot....