MKDP LLP Claimform - old HSBC credit card debt***Claim Struck Out***

[AndyOrch]

Check with the court and see if they have complied with the direction....inform them that they have not served them on you and and if they have failed to serve them on the court ask that the order be put in front of the DJ to strike out their claim as per the N24 dated xxxxx.

 

Andy

[mwj2014]

Hi Andy,

 

 

Spoke to the court earlier in the week and they said I needed to provide them with sufficient time to process a backlog of paperwork, they said nothing so far had been received however the claimant had until the 8th of October before the case was stuck out by default which was in the court correspondence.

 

 

Today I have received information direct from MKDP with an apparent copy to the court dated 9th October which I can only assume would have been received by the court today (10th).

 

 

The documents are:-

 

 

1. Covering letter saying please find enclosed Credit Card Agreement, Terms & Conditions and Notice of Assignment relating to the matter.

 

 

2. A letter apparently from HSBC Head of Recoveries informing me the account was sold in 2011 (date is specific) - The letter although stamped COPY does not appear to be an aged copy and is on blank paper rather than HSBC headed paper

 

 

3. Page 4 of what appears to be part of an original agreement, signature looks like mine and also signed by someone apparently working for HSBC.

 

 

4. Page 5 of what appears to be a balance transfer form again with what looks like my signature.

 

 

5. A copy of HSBC Bank Credit Card Agreement Terms (2009) which I'm guessing could be downloaded in PDF from anywhere. No signatures.

 

 

Reviewing the above my thoughts (please correct me if I'm wrong) are that:

 

 

a. They have not provided a full copy of the agreement between the assignor (HSBC) and the Defendant as requested by the court (they've only provided pages 4 & 5 of something)

 

 

b. A copy of HSBC Bank Credit Card Agreement Terms (2009) which is publicly available does not prove I entered into these specific terms in any way.

 

 

c. A copy of the notice of assignment looks like it has recently been typed up in Word, printed and stamped COPY

 

 

d. No full statement in respect of the material account showing all transactions relied upon in arriving at the balance claimed - they've provided nothing here but this was requested by the court!

 

 

The documents I've received today according to the court due on the 8th are obviously just late & therefore is it fair that automatic default should be applied anyway?

 

 

Do you have any thoughts for me please Andy?

 

 

Thanks for everything.

[AndyOrch]

Dam looks like they got in by the skin or their teeth...I would assume the court will show leniency and allow submission.

 

It would help if you could scan in what you have received mwj then posters can comment on what they have supplied and if they have only partially complied.

 

Remove any identifiable data before up loading any attachments.

 

Regards

 

Andy

[mwj2014]

Thanks Andy.

 

 

Typical, If I was late I guess things would be different!

 

 

Attached are the images in PDF format.

 

 

Thanks

MWJ

[AndyOrch]

Any response from the court re your defence mwj?

 

Regards

 

Andy

[mwj2014]

Hi Andy,

 

It's been a while!

 

Well I gave the court two weeks in the end and called in again & they said there had been no response from the claimant and therefore "In default the claim shall be struck out" as outlined in the general form of judgement order (copy above in post 10th Sept).

 

I did receive a statement from MKDP showing that they added £65 legal fees and that they received a cheque for £1 from myself and therefore took that as a payment. The only payment I sent them was a £1 postal order and a £1 bank transfer both with accompanying CCA request - I sent two requests, first by email with a transfer to get in quick and another via RM special delivery, both letters (CCA requests stated the £1 was paid for the CCA request and the funds are not to be used for any other purpose). Have I messed up here??

 

Only last week I also received a letter from Apex Credit Management saying:-

 

"Thank you for your letter in which you have requested all documentation under section 77/78 of the Consumer Credit Act 1974 ("CCA"(, with regards to the above noted account.

 

We can confirm that your request is being processed and your account will be placed on hold pending its fulfilment.

 

We will write to you again with an update of our progress or on completion of the required documentation being supplied in line with the CCA"

 

The strange thing is:-

 

1. They got my name incorrect, well middle initial

2. The title of the document was "Apex Purchased Portfolios - MBNA Cards" and nothing to mention HSBC

3. The balance seemed close, just around £50 less than the MKDP statement

4. The account number which looks like a card number was completely different to that provided by MKDP and nothing I'd had previously (I checked my old card numbers I keep in Excel)

 

I don't really want to call the sharks to ask any questions.

 

Any advice Andy? Anything I need to be doing?

 

I did think of writing to MKDP to re-advise that the payments made 2 x £1 where in respect to CCA requests made by different means i.e. post and to get there fast by email and the reason I sent two requests was because email did not give me any real proof of delivery.

 

Thanks

MWJ

[AndyOrch]

6 months in fact:madgrin:

 

Was the claim struck out then ? Have you checked the status of the claim on MCOL?

 

Andy

[mwj2014]

How time flies!

 

The MCOL still shows latest document as "Defense" there does not appear to be a status showing struck out.

 

It was the general form of judgement or order which ordered the claimant to file and serve documents (see post 21 above) that stated "In default the claim shall be struck out" and the court confirmed after two weeks that no documentation was received from the claimant, I asked if I needed to do anything and they hold me that in default it will be struck out and therefore I need do nothing.

 

I'd personally be happier to see a status of struck out somewhere or receive confirmation from the court to this affect.

 

What can I do?

 

Thanks

MWJ

[AndyOrch]

Ring Northampton on Monday and ask...... disregard their missive in your post #31 above.

[mwj2014]

Hi Andy,

 

Disregard which bit ? Sorry!

[AndyOrch]

Only last week I also received a letter from Apex Credit Management saying:-

 

"Thank you for your letter in which you have requested all documentation under section 77/78 of the consumer crediticon Act 1974 ("CCA"(, with regards to the above noted account.

 

We can confirm that your request is being processed and your account will be placed on hold pending its fulfilment.

 

We will write to you again with an update of our progress or on completion of the required documentation being supplied in line with the CCA"

[mwj2014]

OK, thanks Andy.

 

I'll call Northampton tomorrow and ask for the status and if told it has not been struck out I'll ask why given the court paper said it would by default. Can I insist they do this and clarify in any way?

[AndyOrch]

Get the status first then we will see how to proceed.

[mwj2014]

Hi Andy

 

Spoke to CCBC & they reminded me that it was transferred to my local court, I called them and they said that the status was Stuck Out in default on paragraph one because the order ordered the claimant to file and serve within 28 days and in default the claim would be struck out - there had been no paperwork filed by the claimant and therefore the court considers it stuck out.

 

He asked me why I was asking to which I told him I'd received two pieces of information (one statement from MKDP and a letter from Apex). He told me the case would remain on the system for 5 years however the court consider is struck out by default so he did not see my worry. He also reminded me that I'd rung in several times in October to check the same information

 

He did say that the last order was my document to prove the claim was struck out however I could write into the court and request clarification, he said the court may deem it unnecessary though.

 

Thanks

MWJ

[AndyOrch]

Excellent ...then the claim is struck out...so ignore anything further form the claimant .....unless its from the court.

 

Thread title amended to reflect the outcome.

 

Well done mwj2014

 

Regards

 

Andy

[mwj2014]

Hi Andy,

 

Thanks but all the credit goes to you and this brilliant forum, I'll be making a small donation to the running of the site. Thanks again

 

In terms of MKDP - I'll ignore the letters/statements and anything other than court papers although I think around October this year the claim would enter statute barred. How will the so called outstanding balance to MKDP affect my credit rating?

 

Thanks

MWJ

[AndyOrch]

You may continue to receive annual statements of account as this is legislation now in line with the CCA2006 amendments.

 

With regards to CRA,s the debt may/should still show up until its 6th anniversary at which time it will fall off...just because the claim was struck out the debt still exists...but the Statute Barred clock as resumed...

 

Andy

[mwj2014]

Hi Andy

 

Does the 6th anniversary work from the original creditor default date?

 

Can the likes of MKDP change the default date or say the debt they seem to claim is in default at for example today's date meaning the 6th anniversary never comes?

 

What happens if the credit agencies do not update these records around the 6th anniversary?

 

I've looked to Equifax to keep a check on it, £14.95 per month - ouch! I've got 14 days left on evaluation so I could cancel before they subscribe me.

 

Thanks

MWJ

[AndyOrch]

Yes from when the original creditor placed the default on your CRA,s which should have been around 2/3/ missed payments.

 

No MK cant change the date...nothing to do with when they were assigned the debt.