MKDP Didn't Turn Up

[imacsu]

I went to court to defend against MKDP for a disputed debt relating to a HSBC credit card that has no CCA for it.

 

 

They had paid £85 costs + £335 further costs to secure the court date.

 

Upon attending court, I was called in 20 minutes or so after the scheduled time.

 

 

The judge immediately began proceedings by making reference to the actual letter sent out to confirm the court date.

 

 

He asked if I had, since this the date of this letter, received any witness statements or other correspondence from MKDP, to which I replied no.

 

The judge then proceeded to confirm that the court had also not received any withness statements or other correspondence from MKDP

, and as MKDP had not arrived, he was obliged to me offer me two options,

either the case could be adjourned, or it could be struck out.

 

He then proceeded to explain the process of getting the case re-instated etc

(they could claim they were stuck on the M6 for example),

and advised me of a few other things, and said I could leave.

 

Where do I stand with this now?

 

 

I have never formally submitted a request for a CCA previously,

but I did make a request from the HSBC in a branch

(I was informed by their support it was the only way to make such a request at the time) and

they couldn't obtain it from the computer,

 

 

sent to the branch where I was registered at the time,

and they couldn't obtain it from there,

they then sent to London to see if it was in the archives and it wasn't there either.

 

Should I be sending a request for CCA quick-sharp?

 

 

To both MKDP and HSBC?

 

 

My defence was based around the argument of unenforceable,

so far MKDP have not sent me an ounce of evidence to prove they actually own the debt,

or that they have any CCA.

 

 

In addition, they actually have the date of default incorrect on my credit file

(HSBC date of default is some 6 months earlier, which was actually the true date of default).

 

Why would they pay all that money and not turn up/send statements?

 

 

Are they playing for time, or calling my bluff?

 

 

What is the likelyhood of a court re-instating the claim?

 

Thanks.

[dx100uk]

yes CCA off ASAP.

 

 

the reason why they do this is because they how for an easy non contested default judgement

 

 

dx

[AndyOrch]

So I assume he struck it out ? Being stuck on the M6 is one thing not complying with any directions 7 days previous is another.

 

Andy

[imacsu]

So now MKDP have given up and sold the debt on to "Hoist Portfolio Holding 2 Limited".

 

 

They have passed it on to "Robinson Way Debt Collectors" for collection who have also sent me a letter stating...

 

"We are aware that legal activity has already been taken in respect of this account.

Our client's solicitors, Howard Cohen & Co, will be applying to the court to change the name of the claimant to Hoist Portfolio

Holding 2 Limited and they will write to you to confirm this once the process is completed.

 

 

In the meantime, please contact us if you have any queries

 

 

They are offering payment plans of 3 years, 5 years, 7 years, or whatever I can afford.

 

 

Now I recall Midland Debt Recovery (part of the HSBC Group!) trying to collect this debt many years ago before it was offloaded by HSBC.

They we're offering me a payment plan of 17 years - should I assume from this that they hold little hope of actually getting the money back,

and want to get something for me (and MKDP have cut their losses, after trying the CCJ route, much like HSBC couldn't even be bothered to go to court).

 

From what I recall, the last time I made a payment on this account, was May 2010

- so I'm assuming they only have until May 2016 before the debt is statute barred anyway.

 

Are Robinson Way/HPH2L the last throw of the dice, buying unenforceable debt portfolios for buttons

in the hope of getting something rather than nothing, or are they the real deal and likely to hound me

and take it back to court (can it even be taken back to court now, given that it was truck out 14 months ago!!).

 

Thanks in advance!

[dx100uk]

std letter everyone is getting

 

 

MKDP/MKRR are part of the cappello group

 

 

the cappello group was purchased by hoist group [HPH2 ltd] a few months ago.

 

 

and robbersway are hoist.

 

 

safe to ignore

 

 

dx

[oleg]

Compello not Capello

[DonkeyB]

Did the judge actually strike out the case? Best to be sure. If so, as advised, you can start getting your ducks in a row.