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Help for a friend! HSBC claim, Court proceedings via MKDP LLP

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To my dearest CAG friends,

I hope you are all well. It has been a lifetime since I have been on here for advice.

 

I have some very dear friends (Mr & Mrs W) who are in desperate need for some help.

A DCA, MKDP LLP are chasing funds (of less than £1000) for a credit card balance.

 

Reading through their paperwork (in my limited knowledge) Mr & Mrs W may not have followed the procedure correctly in replying back to court documents.

 

Let me give you a brief overview.

 

Debt was assigned from HSBC to MKDP LLP on 13 March 2013.

Mr W requested a copy of the signed agreement from them.

One year later (12 March 2014) an ineligible copy was finally sent through which was a copy of opening a bank account not a credit card.

 

 

29 May 2014

Claim form received from Northampton County Court Business Centre

 

POC reads:

The Claimant claims the sum of £xxx.90 being monies due from the Defendant(s) to HSBC Bank plc under a bank account facility regulated by the Consumer Credit Act 1974 and assigned to the Claimant on 13/03/2013.

The Defendant(s) account number was xxxxxxxxxxxx. It was a term of the bank account that any debit balance would be repayable in full on demand.

The Defendant(s) has failed to make payment as required by the statutory default notice served by HSBC Bank plc.

The Claimant claims the sum of £xxx.90 and costs.

The Claimant has complied, as far as is necessary, with the Pre-Action Conduct Practice Direction.

 

They did not complete the AoS instead they replied with a letter dated 14 June 2014 with the following:

 

Dear Sir/Madam,

 

With reference to the above, I can see that there is nothing for the Court to deal with as I have said that I would be happy to pay upon proof of the debt which MKDP LLP have failed to provide.

 

16 July 2014

Mr & Mrs W received Notice of Proposed Allocation to the Small Claims Track which said the following:

 

TAKE NOTICE THAT

1. This is now a defended claim.

2.It appears that this case is suitable for allocation to the small claims track.

If you believe that this track is not the appropriate track for the claim, you must complete box C1 on the Small Claims Direction Questionnaire (Form N180) and explain why.

3. You must by 4 August 2014 complete the Small Claims Directions Questionnaire (Form N180) and file it with the court office and serve copies on all other parties.

 

24 July 2014

Mr & Mrs W received from MKDP a copy of their Directions Questionnaire where they requested Settlement/Mediation.

 

6 August 2014

Mr W received a General Form of Judgment or Order

They had failed to file the Directions Questionnaire with the courts.

 

They duly completed one on the 13 August and hand delivered it to the Courts.

 

16 Sept 2014

Mr W received a phone call from the Mediation department. Mr W disputed the debt saying he was waiting for a copy of the credit card application. Mediation department said they would go back to MKDP to request said form. MKDP told the mediation department they were in possession of a document with a date stamp (1996) which did not require a signature from the bank. The conversation ended with a 'see you in court.'

 

26 Sept 2014

Mr & Mrs W received a Notice of Transfer of Proceedings stating to all parties,

 

This claim has been transferred to the County Court hearing centre listed below for allocation. On receipt the file will be referred to a procedural judge who will allocate the claim to track and give case management directions. Details of the judges directions will be sent to you in a notice of allocation.

 

12 November 2014

Mr & Mrs W received a General Form of Judgment or Order stating:

 

Before District Judge xx sitting at the County Court...

UPON considering the file and there being nothing like a defence document filed

 

IT IS ORDERED that:-

 

1.The defence is struck out

2. The Claimant may enter judgment forthwith without further order

3. Any party affected by this order may apply to have it set aside or varied or stayed such application must be made within seven days after the date when this order was served on the party applying. Dated 20 October 2014.

 

Mr & Mrs W responded with a letter dated 19 November 2014 stating:

With reference to the above judgment I am requesting this be set aside.

The Notice of transfer Proceedings dated 24 Sept state that I should have received a notice of allocation, of this I have never received. It would appear from this last document that I should have submitted a defence document, this I was totally unaware of as this is the first time that I have been in this situation.

Could the court advise if this situation could be resolved and if so what action is required of me at this point.

 

24 November 2014

Mr & Mrs W received a letter from the courts advising they need to complete a N244 form within 7 days which is where I am asking for help.

 

I feel so sorry for them as they should have asked for help. From the mediation it has gone straight to judgement. As such, please could someone advise how we complete the N244 form to help them with their case. It must be completed asap.

 

Thanks so much

Big hugs

x:)x

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Hi Texan I trust you are well.

 

Okay they need to submit the N244 to set a side the judgment and also to submit a CPR compliant Defence in support (hence their " letter " defence being struck out)

 

Application to refer to CPR 13.2 (b) and 13.3 (2) for the set a side and with regards to submitting a fresh defence a draft should be included with the application.(copies to be served on the judgment claimant)

 

Regards

 

Andy


We could do with some help from you.

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MKDP are playing funny buggers again and they do this everytime.

 

Why did they mediate with you over the phone?

 

Its my understanding that they have to do this in Court?? Or am i getting this wrong?

 

Get the N244 form filled in ASAP and also as per andy's advice, go for the submitting the new defence.


 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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Hey Andy,

 

We are all very well thank you. Since my last post with CAG, I am now working full-time and our eldest daughter has just started at secondary school. Time really does fly!

 

Okay, I can complete the N244 for them. I'm assuming under the other documents I should include what you have stated below. Could you please help with a draft defence which I can include in their application please.

 

fkofilee - I have been advised it was the court mediating service that contacted Mr & Mrs W. I have no idea why they had this conversation over the phone Whose to say it was the mediating service that called them :!:! I'm on the case. I'll download the N244 form now and start completing it. If I need anything else I'll shout

 

Thxs everyone

x:)x

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I suspect it was probably MKDP doing the mediating call considering they bought the claim. Normally the court service wouldnt be as rude as what you have said.

It wouldnt surprise me if it was MKDP ...


 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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Texan as the defence is quite simple based on none compliance of section 78 here is a thread quite similar that you can adapt

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?420159-court-claim-Marlin-on-behalf-of-HSBC***-Claim-Discontinued***/page5


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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Thanks Andy - always a superstar.

All adapted and emailed to our friends. They shall hand deliver to the courts tomorrow.

Will keep you posted.

 

x:)x

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