MKDP - claimform - 1st direct Credit Card - help

[CathW]

Thank you dx

I might be missing something, but as he has never received anything from the Court about paying, then surely he has to wait for them to get in contact

Cath

[dx100uk]

dunno p'haps andy will clarify?

 

 

dx

[AndyOrch]

You should have already received General Order Notice of Judgment...that's why you made application to set a side...the payment details will be on there....just add their costs now from the set a side hearing and that's what you have to pay.

 

Check to see if its forthwith.

 

Andy

[CathW]

Hi,

Today my husband received N24 (dated 18 Feb).

 

 

which said

 

It Is Ordered that :-

 

 

1. The application to set judgment aside be dismissed.

2. The Defendant do pay the costs of today assessed at £75- Dated 5 Feb (date of Court hearing).

 

There is no mention of who to pay the £75- to

 

 

and also no mention of any money which is owing to MKDP.

 

Cath

[AndyOrch]

It wont that's in connection of the set side hearing....read my post #29 ...again...slowly

[CathW]

Hi,

My husband wrote a letter to MKDP with a Income and Expenses Statement saying that he could only pay £5-00 per month

 

 

then today both myself and husband received a Statement from MKDP headed Statement in relation to the below Agreement

which is governed by the Consumer Credit Act 1974.

 

As my only husband was taken to Court 5 Feb for only his account

(but the copy of the New Application Form that was sent and used as evidence was for both accounts)

 

 

can MKDP claim the payments for both accounts.

 

Cath

[AndyOrch]

No only the agreement referred to within the judgment.

[CathW]

Thank you Andy

 

Cath

[CathW]

Hi,

16 March 2015 MKDP's debt started out at £1126-89

where my husband has been paying MKDP £5- per month

(keeping a copy of the cheque and noting the date that cashed)

and as of today's date the balance is £1081-89.

 

Today he has received a letter from MKDP saying, Due to MKDP LLP (Ex HSBC), Our reference ......., Account number ...... and Amount due £1116-89

 

We are writing to let you know that, in accordance with our rights your account referenced above has been sold to Hoist Portfolio Holding 2 Limited on 26 October 2015.

 

You will shortly receive a Notice of Assignment from Hoist Portfolio Holding 2 Limited.

This will confirm your new account reference number, together with details of who to contact about your account.

 

Any payments made towards your account after 26 October 2015 have been forwarded to Hoist Portfolio Holding 2 Limited.

We set a cheque to MKDP 3 Nov 2015.

 

Can MKDP now sell the debt over to another company when the Court case was with MKDP and nobody else.

 

Thank you

Cath

[dx100uk]

HOIST have purchased the cappello group [MKDP/MKRR etc etc]

 

 

no change

 

 

simply pay them the same

 

 

and don't fall for any increase they want

nor new financial details.

 

 

dx

[CathW]

Thank you dx

[CathW]

Well this just gets even better.

 

Today my husband has received a Notice of Assignment from Hoist Portfolio Holding 2 Limited

saying that MKDP have assigned the rights, title and interest to Hoist Portfolio Holding 2 Limited,

balance £1116-89 (they seem to have lost £35- worth of payments that were paid to MKDP

and I kept copies of the cheques)

 

 

and that HPH2 Ltd have appointed Robinson Way Limited to manage the account

and they would like my husband to contact them by 11 Nov 2015

to let them know which payment option he will choose.

 

 

Option 1- Pay £7-16 per week for 3 years to clear the balance in full.

Option 2 - Pay £4-30 per week for 5 years,

Option 3 - Pay £3-07 per week for 7 years and

Option 4 Tell them what he can afford.

 

Cath

[dx100uk]

ignore totally

pay what the court ordered

they cant change anything

[CathW]

Thanks again dx and I am wondering what will turn up in the post next.

[CathW]

Just to confuse matters,

we have a Joint Bank Account with First Direct (which we don't use anymore)

 

 

we received a letter 11 Nov 2015 from Robinson Way (dated 6 Nov 2015) saying

that our Joint Account £1438-16 had been passed to them from HPH2 Ltd

(last company was MKDP and letter 27 Oct 2015 from them saying that the Joint Account had been sold to Hoist).

 

 

They appear to be trying to tie in both my husband's First Direct credit card account and the Joint Bank Account.

 

We sent a CCA request form to Robinson Way with a postal order for £1

- and I wrote on the back "for statutory consumer credit act agreement copy £1- fee only not to be used as any payment against any alleged debt.

 

Today (2 Dec) we received the postal order back from Robinson Way with a compliment slip saying

"Please find enclosed returned £1- CCA fee, Kinds Regards J ????.

 

Should we do anything else or wait to see what Robinson Way do next.

Thank you

Cath

[dx100uk]

let it run..

 

 

dx

[CathW]

Thank you dx

[CathW]

Today we received a letter from Robinson Way regarding our First Direct Joint Account saying

 

 

"Thank you for your recent contact, the balance relates to a current account and as such is exempt from part V of the CCA act 1974.

There is therefore no requirement to produce a copy agreement".

 

They said that the postal order will be returned and they also enclosed a financial statement for us to fill in with our affordable proposal for payment

and return it within 14 days.

 

This bank account was opened in October 1996

 

 

what action should I take from here.

Thank you

Cath

[dx100uk]

so this is a sep issue to this court thread

not covered by the judgement you tried to set aside and failed

and are paying them on through the judgement already?

 

 

or is it the same account ?

[CathW]

This is a seperate issue to the court thread

but as MKDP/Robinson Way have linked them both together

and we are still paying £5

- cheque payment to Robinson Way and keeping a copy of the cheques.

 

Although it is a seperate issue the 2 accounts were linked together on the paperwork that went to the Court

because the application for the credit card was attached to the application for the joint bank account and it

was only my husband who was taken to court for the sum outstanding on his credit card.

 

Cath

[dx100uk]

you certainly know how to confuse people.

 

so your OH was taken to court for the Credit Card

 

so this is nothing to do with that.

 

dx

[CathW]

Re my husbands first direct credit card.

 

 

We are paying £5- per month to Robinson Way (previously MKDP) who sent him a Income & Expenditure form to fill in which he hasn't done.

 

Yesterday he received a letter from Howard Cohen & Co. Solicitors saying that Hoist Portfolio Holding 2 Limited

are the legal owners of the debt and Howard Cohen submitted application form to the Court to substitute the Claimants details from MKDP LLP to HPH2,

he also received a copy of the Apploication which reads

 

In the high Court of Justice Claim Nos: Mulitple

Chancery Division

Mr Justice Henderson

18 December 2015 (with a date stamp High Court Of Justice 21 Dec 2015 Chancery Chambers)

Between MKDP LLP Claimant

and

Multiple Defendants

Order

Upon the Application of the proposed new claimant by notice dated 24 November 2015 And Upon Reading the evidence in support of the application

Without Notice to the parties in the cases conatained in the Schedule which forms exhibit JPM1

to the Witness Statement of John-Paul Murphy dated 25 November 2015 ("the Schedule")

 

 

It Is Ordered That 1. In respect of all Claims in the Schedule with the Claimant as MKDP LLP, there be substituted, as the new Claimant,

Hoist Portfolio Holding 2 Limited ("HPH2"), on the basis that the benefit of the Claims has been assigned by MKDP LLP to HPH2.

 

And then today he received a letter from Robinson Way saying they do not have a payment plan in place on the account

and it is importnat that we agree a payment plan to prevent further action and to contact them by 20/01/16.

 

What should he do next

Thank you

[dx100uk]

nothing I suspect

hoist [hph2 ltc-robbersway]

simply purchased MKDP group recently.

 

 

ita all simply paperwork.