County Court Claim Received - MKDP / HSBC

[Guffed]

Hi there.

 

I have a court summons pending with MKDP. I have read through lots of threads on this site, which have been a great help and enabled me to get some way down the line.

 

I would just like to consolidate where I’m currently at, as this part becomes somewhat vague in the existing threads.

 

I would be very grateful for any advice on my next steps.

 

Debt details:

HSBC Bank: Loan

Started: 2004

Defaulted: 2007

Random debit card payments made here and there up until 2012, so the debt is not statute barred, but no longer on my credit file. I can’t remember anything about the loan - PPI, other penalty charges - even the original amount!

 

County Court Claim:

Issue Date: 01 May 2014

+5 for Service: 05 May (actually received on 09 May)

+14 to Acknowledge: 20 May

+14 Extra: 02 June

Amount Claimed: £2,005.00

Court Fee: £105.00

 

I have decided to defend, as I moved in 2010 and have only just been tracked down at my new address, so did not receive a NOA. I also have no idea how the claimed amount has be calculated.

 

I should have received a response from MKDP before today (unless the +5 service is also applicable to them?), but I haven’t, as of yet. I’m becoming conscious of the increasingly tight time frame.

 

More details below.

 

Other Info:

Claim Form received: 09 May (evening - slow postal service)

Sent response (as per below): 12 May (both 1st Class recorded delivery and £1 postal order receipts filed)

Signed by MKDP: 13 May

Acknowledgment of Service: 19 May (online)

Response: None (as of yet)

 

Particulars of Claim:

The Claimant claims the sum of £2,110 being monies due from the Defendant(s) to HSBC Bank plc under loan agreement regulated by the Consumer Credit Act 1974 which was assigned to the Claimant on 13/03/2013. Notice of assignment has been provided to the Defendant(s). The Defendant(s)’s loan account number was [emitted]. The Defendant(s) has failed to make payments in accordance with the terms of the loan agreement. A Default Notice has been served pursuant to the Consumer Credit Act 1974 by HSBC Bank plc. The Claimant claims the sum of £2,110 and costs. The Claimant has complied, as far as is necessary, with the Pre-Action Conduct Practice Direction.

 

Response to MKDP:

MKDP LLP

Fleming House

Seebeck Place

Knowlhill

Milton Keynes

Buckinghamshire

MK5 8FR

 

12th May 2014

 

Dear Sir/Madam

 

Re:- County Court Claim No. [Emitted]

 

With reference to the above County Court claim, I require you to supply the following documentation before I will correspond with you further on this matter.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement, under the legislation contained within s.78 (1) Consumer Credit Act 1974.

 

2. A full statement of account.

 

3. A signed true copy of the deed of assignment of the above agreement that you allege exists.

 

4. A copy of any other documents referred to in the agreement.

 

I understand that under the Consumer Credit Act 1974 (Sections 77-79), I are entitled to receive a copy of the credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act. Please note that under no circumstances should this payment be set aside any alleged debt. If you are unable to supply the documentation requested, this fee should be returned.

 

I understand a copy of the credit agreement should be supplied within 12 working days.

 

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

I look forward to hearing from you.

 

Yours faithfully

 

[Emitted]

 

Thank you for taking the time to read the above. If I’ve missed anything, please let me know. Any advice on how to proceed would be gratefully received.

Edited May 26, 2014 by Andyorch
Dates adjusted

[BRIGADIER2JCS]

Hi,

 

 

You are Not entitled to sight of the Deed of Assignment, this is the contract between the debt seller and the debt purchaser and is considered a " sensitive commercial document", a court may order one to be produced, this would be heavily redacted though.

 

 

I presume you have had a letter (Notice of Assignment ) from MKDP and or HSBC at some time prior to the CC claim being issued, this is all that is needed.

[citizenB]

You will need to submit your defence by 2nd June

 

I do not think the letter you sent to MKDP will be seen as a proper CPR request. I suspect they will also stall by saying that whilst you have included the £1.00 statutory fee, you havent identified the request as a proper CCA request either

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

 

You can request only copies of documents they have mentioned within their POC.. which are

 

Notice of Assignment

Agreement

Default Notice

and of course a statement of account

 

With the CPR request, you do not need to enclose any fee.

[Guffed]

Thanks for your replies.

 

That was a template I found on here... albeit the wrong one. *Hindsight*

 

I'm now seriously panicking, as time is running out - fast.

 

I don't know what to do now. Is it still worth sending that linked letter template to MKDP, bearing in mind I need submit my defence by 02 June?

 

Gutted that I used the wrong template

 

Thanks again.

[BRIGADIER2JCS]

Thanks for your replies.

 

That was a template I found on here... albeit the wrong one. *Hindsight*

 

I'm now seriously panicking, as time is running out - fast.

 

I don't know what to do now. Is it still worth sending that linked letter template to MKDP, bearing in mind I need submit my defence by 02 June?

 

Gutted that I used the wrong template

 

Thanks again.

 

 

 

 

 

Follow the link posted by citizen B in #post3. Send it asap.

[Guffed]

OK, will do.

 

As long as MKDP has signed for the CPR letter before the 02 June, are they obliged to contact the court and extend the time to get the relevant documents over to me? If not, what will happen? Auto Judgment against me?

 

Really appreciate your help.

[Guffed]

Hi there.

 

Just an update and further advice request.

 

After the advice given to me in this thread, I sent MKDP a further request in the form of a CPR31.14 via recorded delivery on 27 May. Unfortunately, it was not signed for on 28 May and is still showing as "… being progressed through our network for delivery.". Absolutely infuriating.

 

Based on this, I have had to XX the received date below. I will obviously update this on 02 June, when I submit the below defence via MoneyClaim.

 

Please have a read through and let me know your thoughts.

 

More importantly, due to 02 June being the day I need to submit my defence and (let's assume) MKDP sign for the CPR31.14 today (29 May - so no real chance of them actioning anything), what will be the likely outcome? Will this default? Will the court penalise me for "only" asking for the POC in plain English, rather than a CPR31.14?

 

Your help and advice is very much appreciated.

 

The Defendant neither deny nor admit to any indebtedness to the claimant.

 

The Defendant sent the claimant a formal CCA request for the original signed agreement, the assignment, and a statement of account relied upon in the Particulars of the Claim.

 

The Claimant received the above request on the 13/05/14 by recorded delivery.

 

After professional advice the Defendant sent the Claimant a CPR31.14 request for the original signed agreement, the assignment, default notice, and a statement of account relied upon in the Particulars of the Claim.

 

**Claimant received the above request on the XX/05/14 by recorded delivery.

 

As of the 02/06/14 the Claimant has not contacted the Defendant or supplied the requested documents. The Claimant has given no good reason or any reason at all to the Defendant for this failure to comply with the defendant's legal rights of entitlement to inspect the documents that the Claimant's claim is to rely on.

 

The Defendant has not been provided with copies of the documents mentioned in the Particulars of Claim, which were requested in both the CCA and the CPR31.14, including the Notice of Assignment, which would prove the Claimant's right to bring this action.

 

The conduct of the claimant is denying the Defendant the right to submit a full defence and as the action stands at the present time, the Defendant is somewhat confused and unsure as to exactly what the claimant's claim is for, the Defendant is unable to file a full defence as a direct result of the claimants negative Pre -Action Conduct.

 

The Defendant respectfully requests that the Court stay (Suspend) the proceedings under Practice Direction 4.6 (1) until the claimant complies with the defendants CPR31.14 request. The defendant respectfully requests that the court impose a time scale of seven (7) days upon the claimant to comply with the defendant's rightful entitlement to inspect the documents that the claimant's claim is to rely on, and that should the claimant fail to comply with the court's order, then the defendant respectfully requests that upon notification by the defendant to the court of the claimant's further failure to comply with the Practice Direction sanctions imposed by the court, that the court makes the motion to strike out the claimant's claim on the grounds that the claimant is unable to substantiate the claim.

 

The Defendant also makes a respectful request to the court for the court's consideration, to permit the defendant to submit an amended defence if the claimant supplies the requested documents mentioned.

[BRIGADIER2JCS]

Hi Re the CPR request did you use an address with a PO Box number? Often signed for letters don't get through the system.

 

 

I think you have got it right signed for post again see above.

Try This address.

 

 

The Legal and Compliance Department

Compello Group

Fleming House

Seebeck Place

Milton Keynes

MK5 8FR

[Guffed]

Thanks for replying again.

 

No, it's a standard address and the same one I used for the CCA.

 

What have I got right? My defence?

[BRIGADIER2JCS]

DEFENCE looks right.

Try address posted, signed for letters get through from experience.

[Guffed]

OK, I will post another recorded letter to that address also.

 

In terms of timeline, is the court likely to grant the extra time requested in my defence? I have not contacted the court and asked for an extension, outside of the AOS's 28 days.

 

Thank you.

[BRIGADIER2JCS]

OK, I will post another recorded letter to that address also.

 

In terms of timeline, is the court likely to grant the extra time requested in my defence? I have not contacted the court and asked for an extension, outside of the AOS's 28 days.

 

Thank you.

 

 

A judge will decide if to allow an extension or not, so make the application.

[AndyOrch]

Hi Guffed

 

I would recommend you read a few threads and grasp the process of how to defend a claim before submitting the above or making any applications.

 

Regards

 

Andy

[Guffed]

Hi Andy.

 

I have read a fair few threads now, which is how I got as far as I have. To be honest, I have no real idea what I'm reading, or the language behind any of it.

 

MKDP are asking for X-amount, I don't know how they've come to that figure, so I've asked for a statement of account, among other POC documents. That's all I can do at this stage.

 

If you have spotted anything you see as potentially causing me a problem, please share.

 

Many thanks.

[AndyOrch]

Judging by your proposed defence the wrong ones......

 

Search MKDP in the search box above right.

 

 

Regards

 

Andy

[Guffed]

Hi Andy.

 

That link is not working :/

[AndyOrch]

Type MKDP into the search box above right and hit search (under the CAG logo)

[Guffed]

Oh, OK. I'll have a good read through after work and post my findings / revisions.

 

Thanks again.

[Guffed]

Good morning CAG.

 

I have plagiarised a defence that you have worked on, Andy, so I hope it's suitable for my claim.

 

Just a couple of questions:

 

1. The reason I did not receive a NOA is because I had moved in 2011 - well before the debt was assigned. Shall I state this in my defence, or let MKDP potentially present a NOA that was sent to my previous address?

 

2. How to respond in Para 5? Or just delete?

 

3. Is "(b) show how the Defendant has reached the amount claimed for" the correct wording?

 

4. I have not requested additional extra time, as I have not seen this in other defences. Was I right to omit that?

 

As always, any help and advice is appreciated.

 

Many thanks.

 

 

And here's my Defence:

 

Particulars of Claim:

 

1. The Claimant claims the sum of £2,110.00 being monies due from the Defendant to the Claimant under a loan agreement originally between the Defendant and HSBC Bank plc.

 

2. The Defendant's loan account number was [Emitted] and was assigned to the Claimant on 13/03/2013. A Notice of Assignment has been provided to the Defendant.

 

3. The Defendant has failed to make payments in accordance with the terms of the loan agreement and a Default Notice has been served pursuant to the Consumer Credit Act 1974 by HSBC Bank plc.

 

4. The Claimant claims the sum of £2,110.00 and costs.

 

5. And the Claimant has complied, as far as is necessary, with the Pre-Action Conduct Practice Direction.

 

Defence:

 

Paragraph 1 is noted as the Defendant has, 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 as the Defendant is unaware of any legal assignment between HSBC Bank plc and MKDP LLP and the Claimant is put to strict proof thereof.

 

Paragraph 3 is denied as the Claimant has not provided proof, as requested by the Defendant.

 

Paragraph 4 is denied as the Claimant has not provided proof, as requested by the Defendant.

 

Paragraph 5 is denied the claimant has made no contact or complied with any requests for information.

 

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.

 

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 Claimant has reached the amount claimed for, and

(d) show that the Defendant was served a Default Notice, and

(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 09/05/2014. This was sent via recorded delivery and signed for on 13/05/2014. The Claimant has yet to comply.

 

Furthermore, 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, dated 26/05/2014. This was also sent via recorded delivery and signed for on 29/05/2014. The Claimant has yet to respond.

 

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. I have no recollection of receiving a Notice of Assignment.

 

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

 

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

 

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 June 2, 2014 by Andyorch
error corrected & addition point 5.

[AndyOrch]

Amended above for you Guffed.

 

Regards

 

Andy

[Guffed]

That's brilliant, Andy.

 

Thank you so much for your help.

 

I will update this thread as the events unfold.

 

Thanks again.

[Guffed]

Hi CAG.

 

So a few things have happened since my last post.

 

The court acknowledged receipt of my defence via a letter dated 3rd June 2014 and served a copy to the claimant - giving them 28 days in which to contact the court. After that period has elapsed, the claim will be stayed.

 

I received a letter from MKDP dated 18th June 2014, informing me they are unable to fulfill my CPR request, so will forward the requested information to me in up to 8 weeks. The letter also stated that due to the claim being less than £10,000, it's governed by CPR 27 and that Part 31 is not applicable! And lastly states "For the avoidance of doubt it is our contention that you are in a position whereby you can respond to the claim form to the extent that you can admit or deny both liability and quantum without sight of any documents.".

 

I received a letter dated 14th July 2014, with a Notice of Allocation to the Small Claims Track along with a blank Directions Questionnaire.

 

I also received a completed Directions Questionnaire dated 17th July 2014, from MKDP.

 

I'm not sure how to proceed now, so I have a few questions:

 

1. I still have not received anything as requested in my CPR. Does this mean they have the relevant information I requested and will supply it to the court?

 

2. How should I complete the Directions Questionnaire?

 

3. Given the dates above, have MKDP run out of time?

 

As always, thanks for your time.

Edited July 26, 2014 by Guffed

[AndyOrch]

You must also complete/file/serve (court & Claimant) the DQ by the date stated Guffed...agree to mediation the rest is quite simple.

 

The claimant has not run out of time the court directs them to disclose..which is later into the process.

 

Regards

 

Andy