HSBC Debt rearing it's head again with MKDP/ CLAIM ISSUED

[julian1968]

Hello

 

I have posted in the forum a few times over my issue with HSBC and as this is still going on I could do with some more help please.

 

I agreed with HSBC that as they owed me more in a PPI claim more than I owed them for an outstanding loan that the PPI would repay the outstanding debt. I signed a form to this effect and returned a long while ago. Since then I have had a few debt collection agents call me to chase this debt and I told them politely about the agreement and the matter went away.

 

However, I have been receiving letters from MKDP chasing the same debt. I told them by phone about the agreement and they have gone back to HSBC who stated that they never received the signed agreement re the PPI and so the debt is still outstanding.

 

HSBC never contacted me again.

 

I really dont want to pay this debt while HSBC owe me PPI monies which may still be accruing interest at 8% pa.

 

I have taken a look at my credit file and the loan is still registered as unpaid but now as owed to MKDP and not HSBC. Can this be transferred between parties on credit files in this way?

 

Should I go ahead and make a claim against HSBC for my PPI?

 

Im really just looking for a steer on this matter please.

 

Thanks

[Bazooka Boo]

How old is this?

 

When did you close the account?

 

The name on your CRF is simply to show who is in charge of collecting.

 

What is the default date on your CRF?

 

And yes reclaim all that PPI, ignore MKDP, and please STAY OFF THE PHONE!

[julian1968]

Hi Bazooka

 

Acnt was closed in Jan 2009

 

Default date was 31/8/09

 

How do I go about claiming my PPI. Direct to HSBC?

 

Thanks

[Eagle1977]

Hi,

 

First and foremost, get yourself organsied. Here is the link to the PPI questionnaire:

www.financial-ombudsman.org.uk/.../ppi/ppi-consumer-questionnaire.doc

Send it to HSBC. You can find their address on their website.

Secondly, do you have any penalty charges on this account? You can send HSBC a Subject Access Request with a the statutory £10.00

Eagle

[julian1968]

Thanks Eagle. I have already Sar'd the account in 2009 and I found nothing wrong. My point here with the HSBC is that they offered to go tit for tat on the monies owed to each other and then they went along the route of debt collectors and default on my credit file.

 

I do owe them the money and I guess a way around this would be to offer MKDP a full and final settlement figure of say £1000 and then go for my PPI they owe me.

[citizenB]

I think it might be a good idea to make a formal complaint to HSBC - explain as you have above and ask them to resolve this. You have returned the forms and they should have made this payment and given you any balance.

 

You want them to honour hte agreement they made on DATE and to call off the dogs.

 

If they dont, then you can go to the FOS.

[julian1968]

Thanks Citizen, Could I push my luck with them and ask that my credit file be adjusted to original state by HSBC also?

 

It seems that now, to go ahead and let them resolve this matter and pay the PPI monies off the loan as agreed still leaves me with a damaged credit file. This would have been avoided if they had done what they said in the beginning.

[Bazooka Boo]

Unfortunately unless the info on the CRF is inaccurate then it will remain until it reaches its 6 year shelf life.

 

And I certainly wouldn't even begin considering a F&F payment and certainly not 1k!!!

[citizenB]

If they had resolved this originally, would there be the black mark on your credit file ? If not, then I see no reason why you cant ask them to remove it. If however, the account was already defaulted then I am afraid you are probably going to be disappointed.

 

Your letter should be sent to their Head/Registered office and do make sure you head your letter "Formal Complaint".

[julian1968]

So, to understand clearly. After the 6 years (which is next year) does it drop off my credit file altogether? I was wondering if by passing the matter to MKDP if it in some way restarted the 6 yr process?

 

My credit file would probably have been damaged I stopped paying them (due to this and before we agreed to resolve)

 

Bazooka, why not offer the F&F payment. Would this not make it clear for my claim to PPI?

 

Thanks

[Stigman]

So, to understand clearly. After the 6 years (which is next year) does it drop off my credit file altogether?

 

I was wondering if by passing the matter to MKDP if it in some way restarted the 6 yr process?

 

why not offer the F&F payment. Would this not make it clear for my claim to PPI?

 

After 6 years on the date the default was applied the default will be removed from your Credit Reference File, no Company or DCA can ever place this marker back onto your Credit Reference File.

 

Only by making a payment or by writing either offering a payment or a Full and Final settlement, then the 6 years Statute Limitations clock restarts.

 

Also, a Full & Final settlement will not remove the default marker and therefore will not improve your Credit Rating.

 

Stigman

[julian1968]

Hello again,

 

I have an update since my last post. I did contact the FOS and they, as you guys suggested said I should contact the HSBC direct and give a chance to resolve. I sent a letter to HSBC. here it is below. It was sent recorded.

 

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18th September, 2014

 

Colin Langdale,

Senior Service Quality Officer

Arlington Business Centre

Millshaw Park Lane

Leeds

LS11 0PP

 

Dear Sir,

 

HSBC Personal Loan Protection Plans: XXXXXXX & XXXXXXXXXX

 

With regards the above and communication received and starting 18 Dec, 2008 which is still outstanding.

 

In this communication and penned by your Thomas Cornick (Regulated Complaints Officer) my complaint regarding the banks mis selling of PPI on the above accounts was upheld and an offer made which I accepted.

 

Although I have tried on several occasions to resolve this matter and bring it to a close, the matter is still open.

 

I would now ask that you look at this matter and make an updated offer to include interest.

 

If you are unable to do this, I shall move the matter into the hands of the financial ombudsman service and ask that they review the same.

 

I hope we are able to deal with this matter before this stage however.

 

I look forward to your reply

 

Yours sincerely

 

 

I have had no reply from this letter.

 

 

Today I have received court paperwork (image below) from MKDP LLP to push this matter forward and claiming the full amount.

 

 

I note I can defend or counter claim but I could do with some help with this if it is my right path.

 

 

Thanks all

 

 

http://i550.photobucket.com/albums/ii434/urbancolour/HSBC.jpg

[theoldrouge]

please read and answer the following as fully as possible, as claim has been issued will move thread

 

to financial legal issues

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**%281-Viewing%29-nbsp

[julian1968]

please read and answer the following as fully as possible, as claim has been issued will move thread

 

to financial legal issues

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**%281-Viewing%29-nbsp

 

Hello and thanks

 

Where do I submit the information you need in the link given?

[theoldrouge]

copy and paste to here

[julian1968]

Name of the Claimant ? MKDP LLP

Date of issue – top right hand corner of the claim form 15 OCT 2014

The claimant claims the sum of £3,579.02

being monies due from the defendant(s) to HSBC Bank plc under a loan agreement

regulated by the Consumer credit Act 1974

which was assigned to the claimant on 20/12/2013.

Notice of this assignment has been provided to the defendant(s).

The defendant(s) loan account number was Sort Code & Account Number is here.

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 £3,579.02 and costs.

The Claimant has complied, as far as is necessary, with the Pre-action Conduct Practice Direction.

 

What is the value of the claim? £3764.02 (inc costs)

Has the claimant included section 69 interest (8%) within the total claim or is it shown separate within the

Particulars but not added to the debt? no interest mentioned

Is the claim for a current or credit/loan account or mobile phone account? current account

 

When did you enter into the original agreement before or after 2007? before

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has

issued the claim. DEBT PURCHASER (MKDP LLP)

Were you aware the account had been assigned – did you receive a Notice of Assignment? NO

Did you receive a Default Notice from the original creditor? YES

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year? No

Why did you cease payments:-

 

The HSBC mis sold me PPI on the account they are claiming for.

They upheld my complaint and agreed to settle the outstanding balance (being claimed today)

as both amounts were practically the same.

 

I signed and returned the req'd paperwork to HSBC to action this and heard nothing

various debt collection agents contacted me.

 

It is only July this year that HSBC via MKDP LLP tell me the agreement was not received by them and so the balance is still due.

 

This PPI remains unresolved

 

Besides communication with HSBC re PPI above, I have made no payment arrangements in this matter

Was there a dispute with the original creditor that remains unresolved?

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt

management plan?

[citizenB]

Timeline...

 

Issue date 15.10.2014 + 5 days for service = 19.10.2014 + 14 days to acknowledge claim = 02.11.2014 + 14 days to submit defence = 16.11.2014

 

So you were in the middle of a dispute with HSBC via the FOS when a claim was issued and you had not been advised of assignment of the account to the claimant MKDP ?

 

Do you have the letter from HSBC which advises the PPI will be refunded to the account which would see it paid off ?

[citizenB]

When you returned the PPI paperwork to HSBC - did you send it recorded or obtain a proof of posting ?

 

IMHO, it is almost certain that they did receive it, if it wasn't returned to sender by the post office.

[julian1968]

Timeline...

 

Issue date 15.10.2014 + 5 days for service = 19.10.2014 + 14 days to acknowledge claim = 02.11.2014 + 14 days to submit defence = 16.11.2014

 

So you were in the middle of a dispute with HSBC via the FOS when a claim was issued and you had not been advised of assignment of the account to the claimant MKDP ?

 

Do you have the letter from HSBC which advises the PPI will be refunded to the account which would see it paid off ?

 

I only recently contacted FOS and they advised writing to complain to HSBC again. I did approx 6 weeks ago with no response (recorded delivery).

 

Since MKDP Contacted me I don't ever remember them telling me of assignment

 

I have the letter from HSBC informing me that the sum of £3,053.81 would be forwarded to Metropolitan Collection Services to settle the debt. Even though I wrote to HSBC and placed the matter in dispute they have pushed on with several debt collectors.

[julian1968]

When you returned the PPI paperwork to HSBC - did you send it recorded or obtain a proof of posting ?

 

IMHO, it is almost certain that they did receive it, if it wasn't returned to sender by the post office.

 

I have several proof of posting items and it will be amongst them Im sure

[citizenB]

I only recently contacted FOS and they advised writing to complain to HSBC again. I did approx 6 weeks ago with no response (recorded delivery).

 

Since MKDP Contacted me I don't ever remember them telling me of assignment

 

I have the letter from HSBC informing me that the sum of £3,053.81 would be forwarded to Metropolitan Collection Services to settle the debt. Even though I wrote to HSBC and placed the matter in dispute they have pushed on with several debt collectors.

 

I have several proof of posting items and it will be amongst them Im sure

 

Excellent, I would hazard a guess that this would form part of your defence. I have asked andyorch to look in on you and I see that he is subscribed to the thread and will likely jump in if and when necessary. You need to acknowledge the claim by 2nd November at the latest else they will obtain a judgment by default.

[julian1968]

Thanks CitizenB.

 

I will return the court paperwork tomorrow. I will be completing the 'dispute claim or make counterclaim' section or would I use the acknowledgement of service to get the 28 days to prepare defence

 

The letters are also being send to MKDP to request paperwork and original agreement.

[Old Cogger]

Metro are HSBC in house monkeys.

[julian1968]

Metro are HSBC in house monkeys.

 

I know.. little beggars, perhaps they were going to throw my £3k across the room to them

[AndyOrch]

Timeline...

 

Issue date 15.10.2014 + 5 days for service = 19.10.2014 + 14 days to acknowledge claim = 02.11.2014 + 14 days to submit defence = 16.11.2014

 

So you were in the middle of a dispute with HSBC via the FOS when a claim was issued and you had not been advised of assignment of the account to the claimant MKDP ?

 

Do you have the letter from HSBC which advises the PPI will be refunded to the account which would see it paid off ?

 

Regards

 

Andy