2nd claim MKDP Current Account & P/L

[willintonboots]

This is a second claim I have received of 3 in total. I wish to defend in full. I have heard nothing about these accounts fro years and had no idea it was going to court.

 

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 £3xxx 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? 3400

 

Is the claim for a current or credit/loan account or mobile phone account? Bank account, but this is actually a bank account and a loan, HSBC combined them before selling them off to MKDP, I do no think MKDP are aware of this by the looks of the claim, its listed as a bank account.

 

When did you enter into the original agreement before or after 2007? 29/11/2007 bank account and loan 18/05/2007.

 

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 Bank account 26/01/2008 and loan default 26/01/2009, MKDP list the default date as 26/01/2009.

 

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.

[oleg]

Hello and welcome on board. .Very sorry that you were missed whilst feeling anxious. . Your first steps are .

1. Register at mcol using the details in the claim form you received. .

2. Acknowledge within 19 days of issue date, indicating intention to defend all. Do not submit your defence yet, only acknowledge service. You have a further 14 days to defend. .

3. Send relevant requests to M K D P :

CPR 31.14 for each claim referring to each item they have mentioned.

*For a loan or credit card, the credit agreement ; for bank account, the overdraft facility agreement.

*Copy of the default notice.

*Copy of the notice of assignment.

*Statement showing how the balance claimed has been arrived at.

CCA request for each account mentioned. Make sure to choose the correct version - different ones for current accounts / credit cases. Do it according to what type of account M K are claiming, not what type you believe it is. Most people here recommend using recorded delivery but you could if preferred just obtain a free proof of posting from post office.

4. Study similar cases in the legal forum. You will find several recent ones specifically from M K for HSBC accounts, including at least two where they have merged accounts of two types into one. This means you have to construct a slightly more complicated defence, but this is counter-balanced in that M K have a more complicated job when you put them to prove their claim. .

5. Although you can - and should - be preparing your defence strategy, you can't compose your final version until last couple of days before submission deadline as you will need to wait for the claimant solicitor's response. It is likely to be similar to that in the other cases in the forum. .

6. Draft your defence 3 or so days before due for legal bods here to run through with you and finalise. .

Please note that for agreements initiated after April 2007 they do not require the original to enforce in court, a reconstituted version usually suffices, so bear this in mind when researching other people's cases. .

As regards merging of accounts, the fact that your case is not unique suggests that they've done it knowingly. I suspect they were hoping to obtain judgments by default, not anticipating people having the gall / audacity to defend.

[willintonboots]

Thank you so much for your reply.

 

I have acknowledged the claim. I will draft up a CCA request. I have had to do allot of reading to understand some of these processes. Can I ask you to confirm what the CPR 31.14 is, just I am a little confused?

 

For all three of my claims 2 are before april 2007 the other one which is combined, is confusing as they are saying this is a bak account and actually its a combined loan and bank account, which they clearly are not aware of, so I am confused how they can claim money from someone when they are unsure of what it was in the first place?

[willintonboots]

Hello, sorry I made an error on the date when the accounts started. The bank account started 23/10/2006, default 26/01/2009 and the loan stared 18/05/2007 and default 26/012009

[oleg]

Don't worry. I made an error too. I'll answer your query within half an hour.

brb

[oleg]

Hello again .

Last time I wrote, I was doing so because I saw you had been overlooked: however, I was ill, hence muddled head led to a mistake.

I implied that there are two versions of a CCA request. In fact I meant two of CPR 31.14 depending whether current account on the one hand or loan / credit card on the other.

I should also have said that CCA does not apply to current account: for that you need to write asking for a copy of the overdraft facility agreement. .

You will find the template letters in the library section of the forum. I'm sorry I can't do that for you now as I'm on a pretty incompetent phone. .

You will also find links to all the jargon including CPR 31.14. It's basically a request for the claimant to show you what they hold to support their claim. .

As I advised before, M K D P have in previous cases combined different types of purported debt into one single porridge. You should go along with their incompetence by referring to any account in the category as they state. Let them prove they've got what they say they've got. Don't tell them the error of their ways. .

As I wrote last time:" Study similar cases in the legal forum. You will find several recent ones specifically from M K for HSBC accounts, including at least two where they have merged accounts of two types into one. This means you have to construct a slightly more complicated defence, but this is counter-balanced in that M K have a more complicated job when you put them to prove their claim.".

Let me repeat since you seem to have missed my point: I believe that M K were well aware that they joined up differing types of account. They just don't expect ppl to be aware and / or to challenge. Unfortunately for them, these days more and more ppl do..

h t h

Oleg.

 

ps: I can't come back much today so hope others will kindly take over for me. Thanks to any willing shipmate/s.

[willintonboots]

Ok, that makes perfect sense. I will get those letter drafted up for all three account tonight and get them sent of tomorrow. I have acknowledged all three claims with the intention to fully defend. The defence is the next bit I will need to get my head around. I will have another read through all of the other threads on here as I have learnt allot form them already.

 

I appeared MKDP lop are dishing these out allot at the moment.

 

Really appreciate your help, can't say I'm not very nervous about the whole thing and it does feel quite stressful, but heaving this forum really is helping, so thank you.

[willintonboots]

Can I just clarify, You say send a CPR to all accounts, I've drafted those up. The CCA request I have drafted for the credit card account. You mention that the bank accounts it is different. Do I only send a CPR request the bank accounts as the CPR asks for the agreement, or should I CCA the accounts swell, but with a different template, if so which one as I can only find the one containing section 77/78 which I understand to be credit cards and loans.

 

Thanks

[AndyOrch]

Overdrafts are not covered by the CCA section 77/78 requests...you request a copy of the facility agreement within the CPR 31.14 current account version.

[willintonboots]

Overdrafts are not covered by the CCA section 77/78 requests...you request a copy of the facility agreement within the CPR 31.14 current account version.

 

Brilliant thanks for clarifying. I didn't want to send off the wrong things.

[willintonboots]

Ok I have sent off recorded delivery the CPR 31.14 to MKDP. What next? Sit and wait?

[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

[citizenB]

See your HSBC thread

[oleg]

As you will recall my saying before, the three cases run more or less in parallel until you have to compose your defence.

[willintonboots]

Hey, an update. I received this on Friday morning, it was dated 13th August.

 

[ATTACH=CONFIG]52837[/ATTACH]

 

What should I do next?

 

I need to start thinking about next steps as I am away working most of next week and am very conscious of time frames etc.

 

Do I request more time from the court, or should they, or start drafting my defence?

 

Many Thanks all

[willintonboots]

Hello,

 

I am going to start drafting my defence as I am away most of this week and my deadline is the end of this week. I worked out the 25th, does that include the 25th or would my last day be 24th?

[willintonboots]

Hello, here is my defence. If anyone has any spare time to have a run through it for me. I have had three of these to do, not sure if it is right or not. I have gone by what others have done in similar cases to mine. Thanks all

 

In the Northampton (CCBC) county court

 

 

Claim number xxxxxxxxx

 

 

Between

 

 

MKDP LLP

 

and

 

xxxxxxxx – Defendant

 

 

 

 

DEFENCE

 

 

1. I, xxxxxxxx of xxxxxxxxxxxx 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 letters were received and signed for.

 

 

7. The claimant has responded to the CPR 31.14 stating the are unable to fulfill the request at the current time.

 

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]

Same for that one....archaic.

 

Andy

[willintonboots]

Ok here is the revised version - if someone wouldn't mind having a gander at it, my deadline is 25th so Monday.

 

Ok here is a revised version - I have taken parts from different cases and amended to my situation. Could you possibly give this a once over? I have to submit very soon. My cut off date is Monday 25th I believe.

 

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]

Seems to need same tweaks as I suggested for your other defences.

[oleg]

Seems to need same tweaks as I suggested for your other defences.

 

You'll know them by heart soon.

[willintonboots]

Seems to need same tweaks as I suggested for your other defences.

 

Thanks so much.

 

This one is the same as the current account one. The particulars are identical word for word, so I thought I would use the same defence as they imply it is just a current account.

 

My thinking is, IF they come up with the requested documents I can then defend appropriately according to what they produce.

 

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]

Apply same here now as for the claim I've already reviewed.

[willintonboots]

Just an update. The court have sent me a letter acknowledging my defence. I have heard nothing from MKDP.

It stated on the letter that they have 28 days to respond and if they don't the claim will be stayed. what does that mean?

 

Many Thanks

[AndyOrch]

The claim will be stayed ....parked...rested...left in limbo:madgrin: