MKDP Claimform - old HSBC Credit Card 'debt'

[dx100uk]

FOS is noW £850.

 

however, that's for after the case!!

[MrMerlin]

It's 550 per case if want to be exact. 350 premium if PPI. Payable after the 26th case.

 

I complained after getting a claim from HSBC and they dropped the case. Long shot.

IMO. Most of tis claims co are bullies who pray on the weak and hope to get judgments based on folks ignorance or just ignoring the court papers.

 

The more problems you give them they appear to back off. I'm astounded at the lies they come out with on the phone. They're all regulated now by the FCA so throw in formal complaints. Send the final response to FOS.

 

Agree with above, may not save the OP now.

[y1234]

thanks for suggestions right now I have to submit AOS and think of a suitable defence if any, thanks for all your support

[y1234]

Before I submit the AOS I would appreciate if someone could check if the following edited defence from another thread is suitable as an initial defence assuming I get no response from my s78 request before the deadline on 25/8/14 for submitting my defence. I would really appreciate some assistance thanks.

 

In the Northampton (CCBC) county court

 

Claim number XXXXXXXX

 

Between

 

MKDP = Claimant

 

and

 

Me – Defendant

 

DEFENCE

 

1. I (insert name and address) am the defendant in this action and make the following statement as my defence to the claim made by MKDP.

 

2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof.

 

3. The claimants 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 procedure rules. (Even allowing for the constraints of the bulk issue system)

 

4. No documents supporting the claim in the particulars have been offered nor have any dates of agreement been stated which the defendant needs to establish what agreement it is that this action is based upon and so the claimant's claim appears without merit.

 

5. As a result, the claim as pleaded does not contain sufficient particulars to permit me to file a properly particularised and pleaded defence. I am at a disadvantage to respond to this claim and to allow me to properly respond to the claim.

 

6. It is denied that I have an agreement with MKDP.

 

7. If, which is not admitted, such an agreement exists, the precise terms and date of any such agreement are not admitted. The Claimant is put to strict proof as to the date and terms of such agreement.

 

8. Without admission that any cause of action is shown by the Claimant it is denied that I am indebted to the Claimant as alleged or at all.

 

9. On receipt of the claim form the defendant sent a S78 CCA request for a copy of the agreement and supporting documents which forms the basis of this claim.

 

10. Furthermore, in an effort to not be disadvantaged by the claimant's failure to provide the very information their claim is based upon, I sought to request an extension of time under cpr15.5, in order for the claimant to provide the information requested.

 

11. The claimant has so far failed to respond to this request.

 

12. Consequently, I deny all allegations on the particulars of claim and put the claimant to strict proof thereof

 

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.

 

 

Signed

 

Me

 

Defendant

[dx100uk]

you DO NOT enter any defence at AOS.

 

simply goto MCOL

and create a registration account

note the number given.

 

then log-in to MCOL using those details

select AOS

 

enter the required details from the claimform

 

then defend all

 

defence to follow of you want to put anything

then exit MCOL site.

 

dx

[y1234]

thanks dx, sorry my post was not very clear. I was not going to enter defence for AOS just preparing for the defence before I submit AOS. Would really appreciate if you or Andy could have a look at the draft defence in post 29 and let me know if this is suitable assuming I get no reply from S78 request.

[AndyOrch]

Its not suitable either with or without a response....

 

Regards

 

Andy

[y1234]

Thanks Andy, would you be able to suggest a more appropriate defence as the AOS was submitted this morning or do you think there is no defence and I should not have submitted AOS.

[y1234]

I am thinking along the line of non compliance with s78 and require help with the defence. As the AOS is submitted I have no option but to submit my defence and would be grateful for comment on the following draft defence thanks.

 

The particulars of the claim

 

1The Claimant claims the sum of 7,657.63 being monies due from the Defendant to the Claimant

under a regulated agreement originally between the Defendant and HSBCicon Bank plc.

 

2.The Defendant's account number was**** and was assigned to the Claimant on 28/11/2013, 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 a default notice has been served pursuant to the consumer credit Act 1974.

 

The Claimant claims the sum of 7,657.63 and costs.

 

4.The Claimant has complied, as far as is necessary, with the pre-action conduct practice direction.

 

 

1.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.

 

2. 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;

 

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

 

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 August 10, 2014 by Andyorch
Particulars added for reference

[AndyOrch]

I have brought forward their particulars of claim y1234 and numbered their paragraphs...now look at your proposed defence ...in particular your 1/2/3 in response to their 1/2/3/4...do they connect?

 

Regards

 

Andy

[y1234]

I see what you mean Andy, I have rearranged the points in line with the particulars if you don't mind having another look at it thanks.

 

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.

 

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. As the Assignee of this alleged debt the claimant would not be aware whether a Default Notice pursuant to the consumer credit Act 1974 had been served or not.

 

5.Notwithstanding the above a request was made under the consumer 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.

 

6.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.

 

8. 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.

 

9. 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.

 

10. 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.

[AndyOrch]

[y1234]

thanks Andy, I will add the following and submit before 25/8/14, really grateful for the help and support here.

 

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.

 

 

Signed

 

Me

 

Defendant

[AndyOrch]

No you dont add any of that nonsense....its not required.

 

Point 10 is your closing comment......end of.

[y1234]

thanks Andy I will just add statement of truth and end at point 10.

[AndyOrch]

thanks Andy I will just add statement of truth and end at point 10.

 

That's not required either if you are submitting on line MCOL

[y1234]

learn something new everyday thanks for the quick reply.

[y1234]

Trying to submit my defence on MCOL but when I logged in this message was showing - A bar has been put in place on this claim. You cannot respond to the claim at this time.

 

Any idea why that is as deadline is not till 24/8/14, thanks.

[dx100uk]

it has been reported over the last few days there is a problem.with MCOL.

 

you can send it via email.

[y1234]

thanks dx

[y1234]

Received N180 from the court today and required to submit by 22 Sept. Would appreciate advice as this is the first time defending. Not sure why they are proceeding as we have not received anything since our section 77/78 request and they remain in default. Do we just complete the form and send to both the court and claimant at this stage, thanks for any assistance.

[AndyOrch]

Received N180 from the court today and required to submit by 22 Sept. Would appreciate advice as this is the first time defending. Not sure why they are proceeding as we have not received anything since our section 77/78 request and they remain in default. Do we just complete the form and send to both the court and claimant at this stage, thanks for any assistance.

 

Yes ...agree to mediation...rest is self explanatory

[y1234]

thanks Andy, if I agree to mediation does this mean we are prepared to pay something towards the claim even though they have not complied with my cca request and cannot enforce, appreciate your help thanks.

[AndyOrch]

No..... participation in mediation (ADR) is expected by the Courts of all parties ....simply shows that you amicable and willing to narrow any differences before proceeding to trial.They are the claimant so listen to them and what they are prepared to offer...if nothing so be it...at least you participated...box ticked:wink:

[y1234]

thank you Andy, is it any point sending a request under cpr 31.14 since we have had no response to the cca request.