County Court Claim MKDP LLP/ HSBC Credit Card***Claim Discontinued***

[ricks]

Hello everyone, first time poster so please bear with me.

 

MKDP have issued a court claim against me for a what I assume was HSBC credit card from some time in the mid/late nineties. Claim was issued on 08/04/2014 and I received it on Friday 11/04/2014.

 

I have no recollection of ever running up the debt, but my only dealing with HSBC was that one credit card. Other than the Claim Form, I have had no correspondence from anyone regarding this matter.

 

I have read up on all the relevant threads and sent a CCA Request and CPR 31.14 via Special Delivery the following Monday, this was signed for the following day (15/04/2014).

 

The particulars of the claim are as follows:

The Claimant claims the sum of

1,100 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

************* and was assigned

to the Claimant on 08/12/2011, 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 the default notice

has been served pursuant to the

Consumer Credit Act 1974.

The Claimant claims the sum

of 1,100 and costs.

The Claimant has complied,

as far necessary, with the

pre-action conduct practice

direction.

 

As far as I can see, other than the court fee of £65, no costs have been added to the claim.

 

 

Today I have received a reply from MKDP dated 23/04/2014. It states:

 

'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 this may take up to 8 weeks. We can confirm we will not make any applications or seek to enter Judgement during this time.

 

In the meantime should you require more information regarding this matter, please do not hesitate to contact us on 0800 .....

 

Yours Sincerely

(illegible squiggle)

Legal Department MKDP LLP'

 

 

I don't believe MKDP response and suspect they will try to get a judgement while I wait the 8 weeks for documentation to arrive.

 

Being new to this I would very much appreciate advice as to what to do next.

Thanks, Rick

[AndyOrch]

Hi ricks and welcome to CAG

 

You are correct to not trust them and should disregard any time limits set by the claimant...keep to the claim form time table and submit your defence by the date stated.

 

Regards

 

Andy

[ricks]

Thanks Andy, will start working on getting my defence ready

[ricks]

Righty, had a forage of similar threads and a think, and this is a defence I came up with (copy and pasted). Would be grateful for any pointers:

 

The particulars of the claim are as follows:

 

1.The Claimant claims the sum of 1,100 being monies due fromthe Defendant to the Claimant under a regulated agreement originally between the Defendant and HSBC Bank Plc.

 

2.The Defendant's account number was************* and was assigned to the Claimant on 08/12/2011, 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 the default notice

has been served pursuant to the consumer credit Act 1974.

 

The Claimant claims the sum of 1,100 and costs.The Claimant has complied, as far necessary, with the pre-action conduct practice direction.

 

 

Proposed Defence

 

I xxxx xxxx of xxxxxx am the Defendant in this action and make the following statement as my defence to the claim made by MKDP LLP.

 

 

1. It is not accepted that the Defendant has an agreement with the Claimant. The Defendant has no knowledge of, or has in their possession any agreement pertaining to the account number given in the Particulars of Claim and so cannot admit or deny an agreement with HSBC.

 

 

2. it is not accepted 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

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

 

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

 

Despite a request being made under the customer credit Act 1974, for the agreement and the other documents referred to in the Statement of Particulars, and on payment of the statutory fee of £1.00; the Claimant is and remains in Default of said s78 request.

 

A further request made via CPR31.14, after the claim had been issued, has also failed to elicit a copy of the agreement and other documents on which the Claimant is basing their claim. The Claimant has responded that, they are not in possession of any paperwork connected to this claim and that it will take up to 8 weeks to comply.

 

 

4. 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.

 

5. The Agreement cannot be enforced against the Defendant without an order of the court by the reason of the fact that both the Original Creditor and the Assignee remain in default as set out above and by reason of Section 78 of the Act.

 

6. 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.

Edited May 7, 2014 by Andyorch
Particulars of claim added

[ricks]

Just a quick update, now over 12+2 days since CCA request and no reply from MKDP.

 

 

Defence due in at the weekend, but I would like to send it off tomorrow evening as I'm going away for three days on Friday.

 

I would be ever so grateful if the legal experts on here could have a look at what I've written above and give me some pointers, as I'm really not sure what I'm doing

[AndyOrch]

Ricks.... I have edited your post above and brought forward the particulars of claim so the defence can be compared.

 

Regards

 

Andy

[ricks]

Thank you Andy, in your opinion does the defence adequately counter the particulars? Any changes to be made?

[AndyOrch]

Your opening requires work...look how I have numbered their particulars into paragraphs...your opening should deal with those paragraphs by either accepting admitting or taking notice or denying/refuting.

 

 

I will have another look in the morning....been a long day.

 

Regards

 

Andy

[ricks]

once again, thank you for all the help Andy

[AndyOrch]

The particulars of the claim are as follows:

 

1.The Claimant claims the sum of 1,100 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************* and was assigned to the Claimant on 08/12/2011, 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 the default notice

has been served pursuant to the consumer credit Act 1974.

 

The Claimant claims the sum of 1,100 and costs.The Claimant has complied, as far necessary, with the pre-action conduct practice direction.

 

 

Proposed Defence

 

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

 

2. Paragraph 1 is noted from a vague recollection I have had financial dealing with HSBC in the past but I am unaware what the claimants refer to, in particular or the account number in question.I have never been contacted by HSBC with regards to any alleged outstanding monies.

 

3.Paragraph 2 is denied I am unaware of any alleged assignment purported to the account number referred to nor ever served any Notice of Assignment.

 

4.Paragraph 3 is denied.If true what is denied I have never been contacted with regards to payment since any alleged assignment over 2 years ago.

 

5.It is also denied I have been served with a Default Notice pursuant to the consumer credit Act 1974.As the Assignee of this alleged debt the claimant would not be aware whether one had been served or not.

 

6.The Claimant has not complied, as far necessary, with any pre-action conduct practice direction.They have never contacted me with regards to this alleged debt nor have I ever heard of them up until receipt of this claim.

 

 

7.Notwithstanding the above a request was made under the customer credit Act 1974,by way of a section 77/78 for a copy of the agreement, and on payment of the statutory fee of £1.00; the Claimant is and remains in Default of said s77/78 request.Any Agreement cannot be enforced against the Defendant without an order of the court by the reason of the fact that both the Original Creditor and the Assignee remain in default by reason of Section 78 of the Act.

 

A further request made via CPR 31.14, after the claim had been issued, requesting disclosure of documents on which the Claimant is basing their claim. The Claimant has responded that, they are not in possession of any paperwork connected to this claim and that it will take up to 8 weeks to comply.

 

8. It is therefore not accepted 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

c) evidence any nature of breach and provide proof of any Default Notice and Notices of Sums in Arrears;and

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

 

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

 

9. 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.

 

10. The Agreement cannot be enforced against the Defendant without an order of the court by the reason of the fact that both the Original Creditor and the Assignee remain in default as set out above and by reason of Section 78 of the Act.

 

11. 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.

 

 

Check for accuracy and truth...edit to suit and copy and paste into MCOL....print your receipt as proof of submission.

 

Regards

 

Andy

[ricks]

Just a very quick update. Defence submitted last week, thanks for the help Andy

Suppose its now just a case of waiting.

Will update as soon as I get something back.

[ricks]

Update, unexpected development, and request for advice on how to proceed:

 

 

Here it goes:

on 24 June I received a Notice of Proposed Allocation to the Small Claims Track with a Small Claims Questionnaire form N180 to be completed by 11 July 2014 (Friday). This was filled in and copies sent off to the Court and the claimant on the 9th July (Wednesday) via first class signed for- I have the Post Office receipt.

 

 

This morning I received a letter dated 18th July from the court stating the following:

'Thank you for your Directions Questionnaire. Unfortunately we cannot process it as it has been received outside of the time allowed. The defence has now been struck out. If you would still like to contest the claim you will need to apply to re-instate the defence. This application should be made using N244 Notice and should be accompanied by a completed Directions Questionnaire. You will need to explain why you did not file your Questionnaire within the deadline provided and why feel you should still be allowed to contest the claim. All forms can be downloaded from........There is a £50court fee to process the application without a hearing or £155 fee to process with hearing, payable by cheque or postal order. Please note applications are not automatically granted . The outcome of your application is at the discretion of district Judge. if you require any further information please contact at.......'

 

 

They also sent back my Directions Questionnaire stamped 'received 14 july 2014'

 

 

Needless to say I am not happy, having done everything by the book I feel this is totally unreasonable.

 

 

What next? is there any way of recourse without reapplying and paying the court fees?

[ricks]

Also, how much time is there before bailiffs come knocking?

[AndyOrch]

Ring Northampton and explain ricks ....but you did have it from the 24th June....you must be prompt.

[Ganymede]

Update, unexpected development, and request for advice on how to proceed:

 

 

Here it goes:

on 24 June I received a Notice of Proposed Allocation to the Small Claims Track with a Small Claims Questionnaire form N180 to be completed by 11 July 2014 (Friday). This was filled in and copies sent off to the Court and the claimant on the 9th July (Wednesday) via first class signed for- I have the Post Office receipt.

 

 

This morning I received a letter dated 18th July from the court stating the following:

'Thank you for your Directions Questionnaire. Unfortunately we cannot process it as it has been received outside of the time allowed. The defence has now been struck out. If you would still like to contest the claim you will need to apply to re-instate the defence. This application should be made using N244 Notice and should be accompanied by a completed Directions Questionnaire. You will need to explain why you did not file your Questionnaire within the deadline provided and why feel you should still be allowed to contest the claim. All forms can be downloaded from........There is a £50court fee to process the application without a hearing or £155 fee to process with hearing, payable by cheque or postal order. Please note applications are not automatically granted . The outcome of your application is at the discretion of district Judge. if you require any further information please contact at.......'

 

 

They also sent back my Directions Questionnaire stamped 'received 14 july 2014'

 

 

Needless to say I am not happy, having done everything by the book I feel this is totally unreasonable.

 

 

What next? is there any way of recourse without reapplying and paying the court fees?

 

Did you say you posted the DQ to the Court on 9th July recorded and you have proof it was signed for by the Court?

 

Why are the Court saying it was received on 14th July??

[ricks]

the DQ was posted first class on the 9th and I have proof, the court did not receive it till the 14th. I mistakenly thought that two days is sufficiently long enough for Royal Mail to deliver a letter to a destination fifty miles away. At the same time I sent a copy of the DQ to the claimant and that arrived on time.

 

 

Spoke to Northampton and they don't want to know, looks like I'll have to reinstate the defence and be fifty quid out of pocket

[Ganymede]

Did you send it first class? Not guaranteed next day or anything?

[ricks]

just standard first class unfortunately

[Ganymede]

Looks like an application to Court then.

[ricks]

New development today.

 

 

I was in the process of sending my completed N244 form requesting the reinstatement of my defence when I rung Northampton just to confirm if I needed a hearing to do this and what fee they wanted.

 

 

I was told that my defence was struck out by mistake, and that I should have been sent a reminder letter with a 7 day extension. I was also told this happened to a bunch of cases as there was a mix up between Coventry and Northampton.

 

 

Looks like I'm waiting for the reminder letter. Will update when I have more news.

Edited August 1, 2014 by ricks

[AndyOrch]

[ricks]

Long overdue update.

 

 

Mediation was due for September

 

 

but did not materialise and

 

 

the claim was transferred to the county court hearing centre and allocated to small claims track.

 

 

A hearing has been scheduled for 5th Jan.

 

 

I just noticed that I have to prepare and submit a witness statement soonish.

 

Still no reply to my s77/78 and CPR requests.

 

Tried to get in touch with the court to see if the claimant paid the hearing fee, but no reply.

 

 

Will go in person tomorrow.

 

In the meantime trying to find a decent WS template, any pointers?

[dx100uk]

there are threads here tonight that andyorch has outlined where to look.

 

 

dx

[AndyOrch]

http://www.consumeractiongroup.co.uk/forum/showthread.php?427678-Lowells-Carter-Lloyds-TSB-Current-Account-Court-Claim***Claim-Discontinued***/page4

[ricks]

Update including a very happy development.

After several weeks of trying finally got through to the court on the phone and was informed that the case has been DISCONTINUED. I am so relieved !!!

 

 

Next step is to make a donation to this fantastic forum thanks to which I would have not been able to fight this thing. Special thanks to Andy who wrote my defence and his excellent and informative posts which gave a numpty like me an idea how to proceed. Thank you Andy, you are a true gent!

 

 

Finally, when I asked the person at the court for written confirmation of the discontinuation he told me it should come from the claimant. Is this right? is there a procedure to obtaining a confirmation in writing?