MKDP County Court for a Halifax account - How to fight it?

[tranmereforever]

Hiya,

 

Bit of a complex one,

 

Got an account with Halifax that went into many problems

- mainly system problems that caused the account to disappear,

lose address records etc but it also lost my overdraft and was therefore moved to debt collection

while I was in complaints process with them!

 

Due to illness and a death in the family a few months passed and I did not hear back from Halifax.

 

 

I then recieved out the blue a letter from MKDP saying I owe the account balance

I gave them my complaint reference and re-wrote to Halifax who said they will get back to me in 4 weeks

- I asked MKDP to put it on hold while this happened.

 

Now today I have come in to see a court claim form from MKDP for the account balance + costs.

 

Obviously I am going to defend myself against this especially as this is still in complaints but just want to know the best way to do it before I do

 

Is it relevant as well that the claim has only been made in my name when it is joint account?

 

Any help appreciated

[BankFodder]

Please read up on bcobs. Post the claim form please and monitor the thread. I'm on a choo choo using a tablet and can't reply fully right now.

[tranmereforever]

Hope this is okay for you:

 

Name Of Claimant: MKDP LPP

Date Of Issue: 19th Jan 2015

Value Of Claim: £5409.67 + Court Fees of £410 = £5819.67

Whats it for: Current Account

Before 2007: No idea to be honest, probably after but will check

Who has assigned: The Debt Purchaser

Notice: Yes I did but replied to state it was under complaints with reference number

Yearly Default Notices: No I have not

 

Cease Payments: I did not, the overdraft went and then was passed on it seems while they were trying to rectify,

I was arguing total as they added charges etc while it went

 

Dispute: Yes there is and previously Halifax have admitted there is a fault on the account

 

Particulars of claim:

 

The claimant claims the sum of 5409.67 being monies

due from the Defendant(s) to Lloyds Bank PLC under a bank account

facility regulated by the Consumer Credit Act 1974 and

assigned to the claimant on 20/06/2014.

 

The defendants account number was xxxxxxxxx.

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 demand for payment sent by Lloyds Bank PLC.

The Claimant claims the sum of 5409.67 and costs.

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

 

 

On this it does say defendant(s) for plural but it is only in my name not my partner

who has a different surname to me, I don't know if that is relevant

[BankFodder]

Ta.

Please can you layout the problems you had in chronological bullet-pointed form.

[tranmereforever]

Thanks,

 

Yes of course I will but off to work now so will have to do tomorrow

 

Thanks for the help

[AndyOrch]

If you could also read and complete the following posting your responses here tranmere...this will give us a snapshot of the debt and also explain your options in dealing with this claim.

 

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

 

Regards

 

Andy

[tranmereforever]

Sorry for the later reply I have had the dreaded Noro Virus over weekend

 

It went like this:

 

- Account was experiencing problems - payments rejected when they should not have been, phone numbers disappearing off online banking, overdraft going etc

- Went to complaints who sent a very poor reply back

- Escalated to CEO office who confirmed complaint was not read properly. they gave compensation + set up new account

 

18 months all worked well with no issues

 

- Both accounts experienced same problems all I get is its a system fault

O/D went on one account

Other account ( which OD not allowed on ) went over by £400 -ended up being fraudulant payment but Halifax accepted should not have been allowed on system

Phone numbers gone from account so cannot authorise online transactions

Requested new pin and had to so over 15 times

Payments rejected while I had clear balance

 

For all the above was told system fault has caused it, then while in complaints it vanished off the system altogether which is where we got to the stage that I was waiting for them to come back to me

 

I am obviously going to defend it ( if I can ) because not only should it have been passed on in the first place a lot of the amount is in charges caused for the OD being removed by the system fault

 

I am going to do the defend today but not sure on this what additionals I need to do, is it worth me writing again to the CEO office to try and get them to claim it back?

 

Also as I say it is all in my name rather than me and my partners which is very odd as it is a joint account - including letter I got from the collection company

[BankFodder]

Thank you for this but it does not lay out the step by step detail of what happened and neither is it a chronology.

 

Please can you go through it carefully and present it as requested

[tranmereforever]

Hiya a quick update on this,

 

I was able to get some help in filling my initial defence in which I did

 

Its now been 35 days since the defence was submitted and I have not heard anything? How long should I wait? If they have decided against pursuing it do I get anything at all to say this?

[AndyOrch]

Hiya a quick update on this,

 

I was able to get some help in filling my initial defence in which I did

 

Its now been 35 days since the defence was submitted and I have not heard anything? How long should I wait? If they have decided against pursuing it do I get anything at all to say this?

 

No.....It states on your acknowledgment of defence submitted ...if they do not respond in 28 days the claim is automatically stayed