x3 court claims received all MKDP - HSBC Current Account***Claim Dismissed***

[willintonboots]

I have received 3 claims for MKDP llp. I will post them up separately. I really need some help with this and I am terribly worried about it. I have no idea what I am doing, but I must defend this fully. Any help would be appreciated greatly.

 

Name of the Claimant - MKDP llp originally HSBC

 

Date of issue 24/07/2014

 

Date of issue 24/07/2014 + 19 days ( 5 day for service + 14 days to acknowledge) = 11/08/2014 + 14 days to submit defence = 25/08/2014 (33 days in total)

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down.

 

The claimant claims the sum of £1xxx being monies due from the defendants to HSBC bank plc under a bank account facility regulated buy the consumer credit act 1974 and assigned to the claimant on 08/12/2011. The defendant account number was xxxxxxxx. It was a term of the bank account that any debit balance would be repayable in full on demand. The defendants has failed to make payment as required by the statutory default notice served by HSBC Bank plc. Tha claimant has complied, as far as is nessarary, with the pre-action conduct practice direction.

 

What is the value of the claim? 1200

 

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

 

When did you enter into the original agreement before or after 2007? 29/11/2007

 

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. Purchased from HSBC by MKDP llp 08/12/2011

 

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? Cant remember, but the apparent default date is 13/08/2009

 

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

 

Why did you cease payments:- Ill health, loss of job, low income.

 

Was there a dispute with the original creditor that remains unresolved? HSBC we unhelpful and basically said there was nothing that could be done.

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Attempted to, they said I could not afford to.

[willintonboots]

Hello,

 

I have been advised on one of the 3 claims I have posted, they are all different, so may I ask someone advise me on this one? I am very grateful to this forum already, but I know very little and want to make sure I do everything correctly.

 

Many Thanks

[oleg]

Willin Follow the advice on your no.2 thread for now as it applies to all three at acknowledgment stage. Only when we come to defending do they truly each take on a life of their own.

Keep a sharp eye on court deadlines.

[willintonboots]

Willin Follow the advice on your no.2 thread for now as it applies to all three at acknowledgment stage. Only when we come to defending do they truly each take on a life of their own.

Keep a sharp eye on court deadlines.

 

Okie doke. I am on it! Gonna get all of these letters done. I will let you know when that is done and if anything else happens.

[willintonboots]

Ok I have sent off recorded delivery the CPR 31.14 to MKDP.

[willintonboots]

Just an update- MKDP have signed for the letter I sent requesting a CPR.

Should I begin drafting a defence- what would the next steps be?

Thanks

[oleg]

It's now a waiting game to see what they come up with and then 3 or 4 days prior to deadline compose your defence tailored to what they've sent. You can in the meantime study other cases to familiarise yourself with defences.

[citizenB]

Yes, you should give them a few days to provide the information - you have a few days in hand so can you either post up on your thread, or give one of the site team a nudge say, next Wednesday or Thursday 20/21 August and we will review where you are

[willintonboots]

Hello,

 

So interestingly I received two letters in reply to the CPR request for the other 2 claims on Friday, both dated 13th August, but I have not received anything for this claim at all. I have evidence that there letter was signed for so maybe there is a delay or something...

[willintonboots]

I have still received no response for the CPR, should I write to them. I am not sure on the time frame of how long they have to respond?

 

I am going to have to start writing the defence for all three claims as I am tight for time. I will post up what I draft up

 

Thank all

[willintonboots]

Here is my defence - if anyone has time to go over it, I would be grateful.

 

In the Northampton (CCBC) county court

 

 

Claim number xxxxxxxx

 

 

Between

 

 

MKDP LLP

 

and

 

 

xxxxxxxx – Defendant

 

 

 

 

DEFENCE

 

 

1. I, xxxxxxxxxxx of xxxxxxxxxxxxx am The Defendant in this action and make the following statement as my defence to the claim made by MKDP LLP

 

2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in The Claimant’s Particulars of Claim and put The Claimant to strict proof thereof.

 

3. The Claimant’s 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 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. On receipt of the claim form The Defendant sent a CPR 31.14 request for a copy of the agreement, default notice, notice of assignment and a statement of account showing how the amount claimed has been reached which form the basis of this claim.

 

6. It has been confirmed via the Royal Mail website that the above letter were received and signed for.

 

7. To date no response has been received from The Claimant for the CPR 31.14.

 

8. As a result, the Claimants claim 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. Consequently, I deny all allegations on the particulars of claim and put the Claimant to strict proof thereof.

 

9. It is denied that I have an agreement with MKDP LLP.

 

10. If, which is not admitted, such an agreement exists, the precise terms and date of any such agreement are not admitted. I do not have in my possession any such agreement and am not therefore able to comment thereon. The Claimant is put to strict proof as to the date and terms of such agreement.

 

11. 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.

 

12 It is alleged the Claimant has an agreement and there has been an Assignment. Within the proof of claim it was stated that there had been an assignment to the Claimant on a date which was given as 08/12/2011. As such it is contended that no such Notice of Assignment has been served pursuant to Section 136(1) of the Law of Property Act 1925. Without a Notice of Assignment, The Assignment is merely equitable and The Claimant is put to strict proof to disclose this and prove that this claim can commence in their own name.

 

 

13. AND the Defendant

 

Seeks an order that The Claimant’s action is struck out or otherwise is dismissed on the grounds that any claim cannot succeed.

 

i. Alternatively if the court decides not to strike out The Claimant’s case, it is requested that The Court orders full disclosure of the requested documents pursuant to the civil procedure Rules.

 

ii. 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.

[AndyOrch]

And again...and this one is a current account overdraft.

[willintonboots]

Ok here is the revised version.

 

I have to submit by Monday 25th so if someone can spare time to look at this. I would be very grateful

 

 

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. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in The Claimant’s Particulars of Claim and put The Claimant to strict proof thereof.

 

3. Paragraph 1 is denied. I am unaware of any alleged assignment purported to the account number neither 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. The defendant on receipt of the claim form The Defendant sent a CPR 31.14 request for a copy of the agreement, default notice, notice of assignment and a statement of account showing how the amount claimed has been reached which form the basis of this claim.

 

6. It has been confirmed via the Royal Mail website that the above letters were received and signed for. The claimant has failed to respond.

 

7.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;

 

8. 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. 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.

[oleg]

Ok here is the revised version.

 

I have to submit by Monday 25th so if someone can spare time to look at this. I would be very grateful

 

 

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. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in The Claimant’s

Particulars of Claim and put The Claimant to strict proof thereof.

 

3. Paragraph 1 is denied. I am unaware of any alleged assignment purported to the account number neither referred to nor ever served any Notice of Assignment.

 

Mangled, better to rephrase willin. Also, I can't see what para 1 you refer to. If indeed there wasn't one, that too needs to be rephrased.

 

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.

 

Ditto. Is there a para 3? Forgive me

for missing it if there is. If there isn't, rephrase.

 

 

5. The defendant on receipt of the claim form The Defendant sent a CPR 31.14 request for a copy of the agreement, default notice, notice of assignment and a statement of account showing how the amount claimed has been reached which form the basis of this claim.

 

Rewrite start. Mangled.

 

6. It has been confirmed via the Royal Mail website that the above letters were received and signed for. The claimant has failed to respond.

 

Which letters? If you mean only one, the CPR request, then

say "the above mentioned CPR request . . . "

 

7.It is therefore not accepted [with regards to the Defendant owing] THAT THE DEFENDANT OWES 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;

 

8. 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] IF 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. 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.

 

Forgive capitals above but working in phone, can't do a neater way. For that reason and also because ill, I may have missed something.

 

O

[oleg]

Sorry, my edits got tangled up inside your post and I can't untangle in phone, but hope you can do so. Apologies for inconvenience .

[willintonboots]

Forgive capitals above but working in phone, can't do a neater way. For that reason and also because ill, I may have missed something.

 

O

 

Thanks O, you have been a great help.

 

How is this?

 

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. Except where otherwise mentioned in this defence, the defendant neither admits nor denies any allegation made in The Claimant’s

Particulars of Claim and put The Claimant to strict proof thereof.

 

3. The defendant is unaware of any alleged assignment purported to the account number neither referred to nor ever served any Notice of Assignment.

 

4. 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. On receipt of the claim form The Defendant sent a CPR 31.14 request for a copy of the agreement, default notice, notice of assignment and a statement of account showing how the amount claimed have been reached which form the basis of this claim.

 

6. .It has been confirmed via the Royal Mail website that the above mentioned CPR 31.14 request were received 06/08/2014.

 

7.It is therefore not accepted [with regards to the Defendant owing] That the defendant owes 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;

 

8. 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] If 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.

[oleg]

3. The defendant denies having received any Notice of Assignment nor of having been otherwise informed of such.

 

What happened to 10? It is essential.

 

DELETE the bits I enclosed in [square brackets] in 7 and 9.

 

Then I think you're ready to sail.

 

I'll check the other two now unless anyone else has already done it for you.

[willintonboots]

Thanks very Much Oleg. I have made the amendments on both current account claims. I am off to submit them online now. The credit card one I have re posted for it to be checked over.

 

To be honest I have no idea how I would have managed this without the support offered on this forum. So thanks very much. I will post up updates as and when they happen.

[oleg]

Pls hold your horses. There are still mistakes on the one I've just reviewed. I need to return to it now. I just checked here first in case anything more on this thread.

[willintonboots]

Just an update. I have had a letter from the court acknowledging my defense. I have had no response from MKDP regarding my CPR request. Should i send them a letter or just wait?

 

Thanks

[Ganymede]

Just an update. I have had a letter from the court acknowledging my defense. I have had no response from MKDP regarding my CPR request. Should i send them a letter or just wait?

 

Thanks

Wait and see.

[AndyOrch]

Never chase a CPR Request...makes no odds if they respond or not...

 

Andy

[willintonboots]

Another update, I have received a letter from the court which is a notice of proposed allocation to the small claims track. In this there is a form called Directions questionnaire.

 

I have still no response from MKDP regarding CPR 31.14. I have till 22nd Sept.

 

No sure what to put on the form, can I get some advice please?

Many Thanks

[AndyOrch]

You shouldn't really need to think ...its only a matter of ticking the boxes...yes to mediation witness = 1 you... and the rest is self explanatory.

 

Andy

[Ganymede]

Complete the DQ and file and serve it regardless of your request for documents.

 

The form is fairly self explanatory.