Mkdp Claimform - old 2005 HSBC Credit card 'debt'

[Sticker]

Hi

 

I would appreciate some advice please.

 

I received a claim from MKDP, issued by Northampton CC.

 

 

I submitted an Acknowledgement of Service.

 

 

I now have until October 7th to submit a defence.

I sent a CPR 31.14 to MKDP, to which they have replied, stating:

 

'Unfortunately at this time we are unable to fulfil your request

and as such we will need to liase with the original lender to request the appropriate documents.

We will forward these to you upon receipt but this may take up to 8 weeks.

 

However we draw your attention to the fact that this claim is for a balance less than £10,000.00

and the normal track will be the small claims track which is governed by the Rules and Practice Directions of CPR 27.

 

This means that part 31 of the rules is not applicable to your claim pursuant to CPR 27.2 (1)(b) and CPR 31.1 (2).

It is not our intention to obstruct proceedings, on the contrary it is our view that the early disclosure of documents assists in reaching settlement.

 

It is also worth noting that we are required to file and serve on you and the Court copies of all documents

upon which we intend to rely at least 14 days prior to any date fixed for a final hearing in order to substantiate our claim in compliance with CPR 27.4.

 

Please note that now a claim has been issued it is your repsonsibility to file a response and we may enter judgement

if an Acknowledgement of Service or Defence is not filed at the appropriate time. For the avoidance of doubt i

t 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 have tonight just spoken to the company as this has been an ongoing issue with them.

When they initially acquired the debt,

they moved the default date by 6 months,

to which I raised a dispute (dispute raised in March 14.)

 

 

Equifax supported me in getting the default date reinstated to its original date,

but since that dispute, MKDP have been sending me letters saying

'unfortunately we are unable to supply you with documentation at this time.'

 

 

I thought nothing of it (as I believed - naievly - they would continue the 'paperwork' route until they could enter into an agreement with me)

until I received the claim.

 

 

I spoke to the company tonight, as I wanted to know why they went to court if they were still sending me these letters.

The company told me on the phone that they requested the documents from

HSBC and so far they have received 17 pages of statements.

 

The debt is an HSBC credit card which was opened in 2005.

The amount is for less than £10,000, and I defaulted, due to redundancy just over 2 years ago.

 

My question is

- I am now unsure as to what to plead as my defence,

or how to go about writing this.

 

 

Everything seems tied up with legal jargon,

and I don't want to write something wishy washy which may mean a judgement is made.

 

Advice appreciated.

 

Thanks

[tigger74]

Im having issues with these people as well (Mkdp). Reason they have gone to court, is hoping for a default judgement against you and us....

 

 

Sticker it is not going to help, posting every day with a different title same details.

 

 

keep it in one area, Allow people some time to have a read and reply.

 

 

Tigs

[dx100uk]

sri I cant see how you got missed

 

 

have you sent the claimant a CCA request.

[dx100uk]

when did you last pay this

and was this an HSBC card or an HFC card

 

 

dx

[dx100uk]

please fill this in and post the results here

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**(1-Viewing)-nbsp

 

 

dx

[Sticker]

The debt is not statute barred

- the last payment was in 2012

- the credit card was opened in 2005

 

Thanks

[Sticker]

Name of the Claimant -

MKDP

 

Date of issue –

04 September, 2014

 

Date of issue -

7th October (AOS submitted)

 

What is the claim for – the reason they have issued the claim?

The Claimant claims the sum of 3,638.85 being monies due from the Defendant

to the Claimant under a regulated agreement originally between the Defendant and HSBC Bank plc.

 

The Defendants account number was xxxxx and was

assigned to the client on 28/10/2013,

notice of this has been provided to the Defendant.

 

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 3,638.85 and costs.

Tne Complainant has complied, as far as is necessary,

with the pre-action conduct practice direction.

 

What is the value of the claim?

Total amount – 3823.85 (including court fees)

 

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

CARD CARD

 

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

2005 (I believe September)

 

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.

It is MKDP – a debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

I was aware, however have received no proof

 

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:-

 

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 debt management plan?

I was made redundant – I did not enter into a debt management plan – I was not offered this.

[dx100uk]

what is the date on the claimform top right please

[dx100uk]

you must file your defence by midnight Monday 6th

[Sticker]

The date on the form is 4th September.

 

I'm not sure how to word my defence - does it need to be worded in a specific manner, or can I just plainly lay out the facts?

 

Thanks

[dx100uk]

so you have not sent a CCA request?

 

 

that was your most omportant thing to do after AOS?

 

 

bit late now

 

 

dx

[Sticker]

I filed a cca request at the same time as the CPR 31.14 but they have only replied to the cpr31.14.

 

I'm not sure why you needed to reply in such a manner. I'm asking for advice from somebody that may be able to help me. If you can't give it, then there's no need to reply with something unhelpful.

[dx100uk]

sri it came over that way

there was no indication of a cca request before being sent

 

 

ok well looks like you are in a good position then.

 

 

just file the no paperwork/holding defence

widely available in most threads in the forum you are in.

 

 

but post it up here please

so the knowledgably ones can check it

[Sticker]

..

Edited October 6, 2014 by Sticker