MKDP Claimform old Halifax [LLoyds?] OD account

[minkie64]

Hi,

 

I wonder if someone can advise me please.

 

I was issued a Claimform on 13/1 .

On 29/1 I filed the acknowledgement of service and I filed my defence on 12/2.

 

I got a letter from the court telling me my defence would be served on MKDP and they have 28 days to respond or the claim becomes stayed.

 

I've heard nothing from the court since and I want to know if the 28 days are working days or calender days?

 

In the meantime I wrote to MKDP and asked them for copies of the signed credit agreement, statements, notice of default, notice of assignment of the debt.

 

 

They replied saying it could take 8 weeks and sent me a default notice with all personal details blacked out, it could have been sent to anyone!

 

Thanks

[dx100uk]

cal days

 

 

please fill this out

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**(2-Viewing)-nbsp

 

 

and so we have it, your defence too

but remember to redact things

 

 

dx

[minkie64]

hi

 

I got this in the post on Saturday

 

General Directions Order

 

Before Deputy District Juudge Elsey sitting at the County Court Business Centre Northampton

 

on 18th March 2015

 

it is ordered that:

 

1) Permission is granted to amend the Particulars of Claim

2) The Claimant shall re-serve the Claim Form and response pack.

 

Note :

This order has been made without a hearing under Courts case management powers contained in the Civil Procedure rules Part 3.

 

 

You may within 7 days of the service of this order, apply to the Court to set aside or to vary the order under Part 23 rule 10.

 

 

You must file with the Court, and serve on the other other parties, an application that sets your reasons for objection.

 

 

A fee is payable upon filing the application.

 

 

When your objection is received the matter will be listed for hearing unless you ask the Court to vary the order without a hearing.

[minkie64]

Name of the Claimant ? MKDP LLP

Date of issue – 13th Jan 2015

 

What is the claim for – monies due from the defendant to the claimant under a regulated agreement

originally between the defendant and LLoyds Bank PLC (BUT MY ACCOUNT WAS HALIFAX)

What is the value of the claim? £1905.80 plus £105 court costs

Is the claim for a current account (overdrafticon) or credit/loan account or mobile phone account? Current account (overdraft)

When did you enter into the original agreement before or after 2007? Original bank account for 20 years, overdraft from 2009

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. Claim is debt purchaser

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

Did you receive a Default Notice from the original creditor? No

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

Why did you cease payments? On ESA and in loads of other debt

What was the date of your last payment? 15th April 2011 was last deposit into bank account

Was there a dispute with the original creditor that remains unresolved? No

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan? No

[citizenB]

 

monies due from the defendant to the claimant under a regulated agreement originally between the defendant and Lloyds Bank PLC (BUT MY ACCOUNT WAS halifax)

 

So this was all that was on the claim form ?

 

Can you let us know what you submitted as your defence, please ? We can then establish why they have been granted permission to amend their particulars of claim

[minkie64]

my account number was listed and was assigned to the Claimant on 20/6/2014,

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 £1905.80 and costs.

 

The claimant has complied, as far as necessary, with the pre-action conduct practice direction.

 

and my defence posted online was this

 

Further to my online submission of Acknowledgement of Service on 29/1/15

I have posted today a letter for your consideration, along with a copy of my letter to MKDP dated 12/2/15.

 

I have requested a copy of the credit agreement concerned and a full breakdown of account but to date have not received this.

I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days, proof of receipt is posted to the court.

 

I do not acknowledge any debt due to MKDP and

I have no knowledge of any debt due to Lloyds and to date have not received any correspondence from Lloyds or a Notice of Assignment regarding this matter.

 

and this was posted to the court

 

Further to my online submission of Acknowledgement of Service on 29th January 2015

I enclose for your consideration a copy of my letter sent to MKDP LLP dated 12th February 2015.

 

I have requested a copy of the credit agreement concerned and a full breakdown of account but to date have not received this.

 

I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

MKDP received my letter on 5th February 2015, proof of receipt enclosed.

 

I do not acknowledge any debt due to MKDP and I have no knowledge of any debt due to Lloyds

and to date have not received any correspondence from Lloyds or a Notice of Assignment regarding this matter.

 

Can I also point out

 

I honestly didn't know that Lloyds had bought Halifax so that when the CCJ arrived,

 

I saw LLoyds and thought I had no debt with them.

 

It was Stepchange debt that told me they had bought them out, I had no paperwork from Halifax in regard to this.

 

MKDP quoted a reference number which was sort code and account number as one long number, I thought it was a credit card number.

 

MKDP haven't produced any other documents after the default notice, which is blacked out, no personal details and could be anything.

[SabreSheep]

OK a few notes of reference you need ot be aware off.

 

1) What arrived was a claim form. Not a ccj. A County Court Judgment is one possible outcome of the process and is issued by the judge,

2) Shame you did not post the info requested at the beginning when first asked.

3) CCA requests do not work with overdrafts.

 

I guess we wait now and see what the new POC will be

[minkie64]

Thank you for your reply.

 

I would like to know if it's worth replying to the court letter and asking for mediation or something rather than a CCJ

 

 

- maybe a consent order because I wasn't given the opportunity to come to a payment plan with MKDP

 

 

or even know what the debt was for before they issued a court summons.

[dx100uk]

no await mkdp's next move

[minkie64]

thank you

[AndyOrch]

Thank you for your reply.

 

I would like to know if it's worth replying to the court letter and asking for mediation or something rather than a CCJ - maybe a consent order because I wasn't given the opportunity to come to a payment plan with MKDP or even know what the debt was for before they issued a court summons.

 

Have you received any response to your defence...Directions Questionnaire ?...

 

There is provision to mediate should the claimant wish to proceed...no need for you to approach them at this stage.

 

Regards

 

Andy

 

 

Andy

[minkie64]

Hi Andy,

 

No I didn't receive anything in response to my defence, they replied to my letters with a blacked out default notice.

 

 

Then when I thought the 28 days were up,

 

 

I got a court letter ' general directions order' I am now waiting to be reserved as per the order.

[AndyOrch]

So you are at allocation stage...have you received/submitted the Directions Questionnaire?

[minkie64]

I haven't had a directions questionairre

[minkie64]

General Directions Order

 

Before Deputy District Juudge Elsey sitting at the county courticon Business Centre Northampton

 

on 18th March 2015

 

it is ordered that:

 

1) Permission is granted to amend the Particulars of Claim

2) The Claimant shall re-serve the claim formicon and response pack.

 

Note :

This order has been made without a hearing under Courts case management powers contained in the Civil Procedure rules Part 3.

 

You may within 7 days of the service of this order, apply to the Court to set asideicon or to vary the order under Part 23 rule 10.

 

You must file with the Court, and serve on the other other parties, an application that sets your reasons for objection.

 

A fee is payable upon filing the application.

 

When your objection is received the matter will be listed for hearing unless you ask the Court to vary the order without a hearing.

[AndyOrch]

Thats fine ...so the claimant has to re plead their particulars by the date stated...I assume its in connection with the mis plead original creditor IE LLoyds/Halifax?

[minkie64]

Hi Andy, Yes, I guess that is why the judge gave this order.

[AndyOrch]

Fine...you may have to resubmit your defence and start the whole process again...which is good because you can tweak your defence should you feel that the new particulars do not correspond with that defence

[minkie64]

Morning...

 

I get a letter today saying

 

'we write with reference to the enclosed Order amending the Particulars of Claim.

This Order will be deemed served 5 days from the date of this letter (24/3) and you will then have 14 days to respond using the enclosed Response Pack.

 

we look forward to hearing from you in due course'

 

then on photocopies of the original claim they have put lines through bits and this is the wording

 

This is the original Particulars of claim

 

The claimant claims the sum of £1905.80

being monies due from the defendant to the claimant under a regulated agreement originally between the defendant and Lloydsicon Bank PLC.

The defendants account number xxx was assigned to the claimant on 20/06/2014, 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 crediticon act 1974. The claimant claims the sum of £1905.80 and costs. The claimant has complied, as far as necessary, with the pre-action conduct practice direction

 

New Particulars of Claim

 

The Claimant claims the sum of £2010.80

being monies due from the defendant to the claimant under a bank account facility previously held by Lloyd's Bank PLC.

 

The defendants account number was xxxx and was assigned to the claimant on 20/06/2014.

 

It was a term of the bank account that any debit balance would be repayable in full on demand.

 

The defendant has failed to make payment as required by the demand for payment sent by Lloyds Bank PLC.

 

The claimant claims the sum of £2010.80 and costs.

 

The claimant has complied, as far as is necessary, with the pre-action conduct practice direction.

 

SO,

I admit to having a overdrawn bank account with the Halifax,

I disagree with the amount as they were adding £150 / £180 a month in bank charges for 4 months

and I have had nothing from MKDP / LLoyds or Halifax to say where this is up too

- last letter from Halifax was a bank statement in April 11.

 

Is there anything I can do?

 

I am on ESA,

I have a mortgaged property, which is up for sale and as soon sold I plan to go bankrupt as I owe £30K

but can't go bankrupt till house sold as there is a charging order.

There is no equity in the house.

once sold and fees paid there will be nothing paid to charging order either.

 

Thanks for you help

Edited March 27, 2015 by Andyorch
Added original Particulars

[AndyOrch]

If you could type up the original Particulars also (verbatim) minkie..then we can see whats changed and why.

 

Regards

 

Andy

[minkie64]

Hi

 

This is the original Particulars of claim

 

The claimant claims the sum of £1905.80 being monies due from the defendant to the claimant under a regulated agreement originally between the defendant and LLoyds Bank PLC.

The defendants account number xxx was assigned to the claimant on 20/06/2014, 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 £1905.80 and costs. The claimant has complied, as far as necessary, with the pre-action conduct practice direction.

[AndyOrch]

Thank you minkie

 

So obvious changes ......the amount is increased

 

The debt is now a Bank account facility rather than a regulated agreement

 

They have removed that notice of assignment was served.

 

They have added "It was a term of the bank account that any debit balance would be repayable in full on demand."

 

They have removed "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." and replaced with " The defendant has failed to make payment as required by the demand for payment sent by Lloyds Bank PLC. "

 

 

So their particulars have been re drafted to suit and signify that this is an overdraft rather than a credit agreement.

 

You need to send a different CPR 31.14 now which is tailor made for current accounts (see the legal Library CPR 31.14 Current Accounts version.)

 

Regards

 

Andy

[minkie64]

Hi Andy,

 

Many thanks for your help. I have done this letter and sent the court paperwork back, only acknowledging the service.

 

I am unsure what to do next though, because once I realised LLoyds had bought Halifax, I know I had an old bank account that was o/d. I would like to ask for as much of the charges to be removed if there was any way and I would like to agree something out of court - I am desperate to avoid any more CCJ's till I can get my house sold and go bankrupt. The house is joint mortgage with my daughter and I am trying to damage limit as much as possible.

 

thanks

[AndyOrch]

Just proceed to defend in the interim...this will allow opportunity to mediate and raise any arguments to reduce any debt liability.

[minkie64]

thank you very very much