MKDP HSBC bank account CCJ - help needed set aside please?

[dtlewis2015]

Hello everyone sorry to bother you all

 

I've been searching online and have come across this amazing site and fingers crossed

I'm hoping someone will be able to help and advise me on

 

how to proceed with a CCJ that I've just had put onto my credit file.

 

The debt is for £3300 and states the judgement date was 26th January 2015 but was only added to my credit file yesterday.

 

This debt is for a very old HSBC bank account debt that went into default on the 5th November 2009 for £3145

 

and now looks like MKDP LLP have purchased the debt

 

I've heard nothing from them at all and moved into my new house in july 2014.

so would not have received any court papers.

 

I'm just looking for some legal advice on what id need to do to get this sorted

it was due to come off in November this year so they got in before the 6 years and

 

i can't afford to have this on my file as I've been trying so hard to sort my life out and it seems everything is now coming back to bite me

 

I have also noticed a new company have applied a default to my credit file called MYJAR for £692

it looks like its for a old payday loan from txt loan from 2012-2013 again in my old address

 

but i defaulted 2-3 years ago and its only just been put on my credit file

and the default date is missing is this allowed as its showing on my file

as if I've only just started missing payments ?

 

Any help would be amazing and id be very grateful

Edited April 18, 2015 by Andyorch
Paras added

[AndyOrch]

Did you inform HSBC of your change of address ?

[dtlewis2015]

No i did not inform them to be fair i hadn't even thought about the debt until i seen the CCJ appear yesterday

[dx100uk]

opps

that's why MKDP got the CCJ then.

 

 

for the myjar debt start a new thread

 

 

in the payday loan forum

[dtlewis2015]

Hello again

 

i have a set aside hearing set for Thursday 3rd September 2015 in my local court

 

today iv'e had a large letter that was sent special delivery delivered this morning with MKDP LLP witness statement and evidence etc

 

showing bank statements from HSBC

showing me last using the account 11/02/2009 but allowed the account to keep on running with no money coming in

and they defaulted and closed the account down 9 months later on 02/11/2009

allowing around £900 in charges and interest to be applied to the account even though i was in financial hardship

 

. I was not aware of this when i issued the set aside application because HSBC responded to my S.A.R request last month

and stated they had no information for me on the accounts.

 

Had i known about the charges i would have contested it on them grounds also

 

There is also a number of things they have listed in there statement that i don't agree with and could do with some help please if possible.

 

I have made a appointment with a local soliciter at 10am tomorrow for a 1 hour meeting they want £180 to look through my paperwork etc which i really dont have

 

so what do you guys think is it worth another £180 or just cut my losses and give up and set up a payment plan ?

 

Any help would be grateful

 

Thanks

[shamrocker]

Is the solicitor well versed in consumer credit matters?

 

Could you possibly post up a scanned copy of the witness statement, with personal details erased?

 

DX is probably your man with this and may advise you look into BCOS with regards the charges.

[dtlewis2015]

Thanks for the quick response ill sort out scanning it all now with regards to the solicitor im assuming so from what it shows online i had a 5 min chat on the phone and seemed very clued up

Edited August 27, 2015 by theoldrouge
removing link

[dx100uk]

You don't need a sols cancel it

 

Waste of money

 

It might have been better to have sought our advise before actioning the set aside

[dtlewis2015]

Thanks DX i have now cancelled the appointment and yes i wish i had sought advice first instead of now looking a complete fool and wasting £155

[dtlewis2015]

How do i add the scanned items ?

Edited August 27, 2015 by dtlewis2015

[dx100uk]

Hey all might not be lost...

 

Follow the upload

[dx100uk]

No good jpg

Pop them all into a word doc

Then file

Save as PDF

 

Dx

[dtlewis2015]

..

Edited August 27, 2015 by dx100uk
13 files merged to one doc - dx

[dtlewis2015]

if you could possibly take a look at everything for me id be extremely grateful on your thoughts

also with regards to charges etc

 

 

iv'e now noticed that HSBC were also charging me TEXT MESSAGE BANKING

at £2.99 & £2.50 each time from feb 09 to oct 09 so 8 months and

 

 

also applied a overdraft arrangement fee something i never would have asked for

as i was not using the account due to problems and that was another £25

 

 

from February 09 - nov 09 when the account was not being used due to financial problems

they applied £715.26 in charges and interest etc

surly thats wrong to keep it open for 9 months allowing that to happen ?

 

With regards to the witness statement from MKDP

- she writes 28.

draws to the courts attention that the application was made by the defendant 1 year, 4 months and 11 days after the judgment had been entered

and therefore the application has not be brought promptly

-

They got granted a default judgement against me in January 2015 - it was only 6 months to report it to the courts

- again a mistake on her part by saying it was 1 year 4 months and 11 days

 

Also section 6.

It states i was sent final demand letters by HSBC

- yet it clearly shows on them 2 letters they have provided that in fact were issued to a address that was not even linked to my HSBC account

i used to live at that address before i lived in the one they had my account registered to- its a joke and full of mistakes

 

section 23.

She states MKDP did everything possible to trace me once on the 17th October 2013 and again on christmas day 2013

very strange day to trace someone for money on Christmas day but i guess thats how MKDP like to operate lol

both traces showed negative results.

 

 

the claimant therefore had no reason to suspect the defendant was not residing at the address

and has made reasonable efforts to ascertain the address of the defendants current address ????

 

 

they're stating they tried twice - 12 weeks apart from each other and couldn't confirmed if i lived there or not

- thought what the hell ill send it there anyway.

 

 

Yet they waited well over a year before the took me to court because if they had done a trace before they took me to court

i was clearly listed on the voters roll at my new address and i would have responded

- i don't think they have made a reasonable effort to locate me.

 

 

Even though they did a AUDIT check on my credit report on the 16th December 2014 which has now vanished and they fully deny doing.

 

Also should the assignment from HSBC to MKDP not be on HSBC letter headed paper as it looks to me like MKDP have made it them selves ?

 

i'm sorry for the long response but if you can help in anyway id be such a happy man

 

 

 

The judgment was issued against me 7 months ago in January 2015 so why is she trying to make out its completely different ???

Edited August 27, 2015 by dtlewis2015

[dx100uk]

stuff all that for the minute

whats this cheque they are going on about that negates the SB date?

 

 

dx

[dtlewis2015]

Thanks DX

 

it was at that point in my life i was struggling with my finances and used a company called cash generator

who gave me a cash loan using a number of cheques and my guarantee card

 

they were always rolled over every month until i couldn't afford to do it anymore

 

and it looks like cash generator cashed 3 cheques which all bounced

 

the cheques were never dated by me as they were left blank

 

it was cash generator who dated the cheques

[dx100uk]

when did you give them those cheques roughly

me thinks they don't count.

 

 

dx

[dtlewis2015]

when did you give them those cheques roughly

me thinks they don't count.

 

 

dx

 

Just had a look at the statements they have provided the last transaction before the cheques were cashed was the 11/02/2009 so which would still make it under 6 years old

[dx100uk]

what transaction type was it

 

 

you'd have to be clear from 10/12/08of transaction from/to/by you for it to be sb'd..

 

 

dx

[dtlewis2015]

what transaction type was it

 

 

you'd have to be clear from 10/12/08of transaction from/to/by you for it to be sb'd..

 

 

dx

 

 

 

 

Thanks for the info

 

 

well looks like iv'e well and truly wasted my time and money

 

 

iv'e lost fully on the SB'D

there are loads of transactions from December 08 to January 2009 i

.e wages paid in

debit card payments etc

so is that now the end of it no more options ?

[dx100uk]

now that the info is up and the story complete

for want of abetter word

 

 

i'll let those far most intelligent & legally minded

to indicate ways you might be able to mitigate your issues

 

 

I'm sure they will look in on this thread soon.

 

 

sit tight.

 

 

dx

[dtlewis2015]

now that the info is up and the story complete

for want of abetter word

 

 

i'll let those far most intelligent & legally minded

to indicate ways you might be able to mitigate your issues

 

 

I'm sure they will look in on this thread soon.

 

 

sit tight.

 

 

dx

 

Thank you for all your time and help its much appreciated

[AndyOrch]

Will take a look at your thread later this evening dtlewis2015

 

Regards

 

Andy

[dtlewis2015]

Will take a look at your thread later this evening dtlewis2015

 

Regards

 

Andy

 

Thank you so much Andy

[AndyOrch]

Okay dtlewis......having digested the details of your thread...not all is lost just yet.

 

Their Witness Statement in opposition to your application is a very good to attempt to persuade the court that they know all there is to know about this debt...and basing their responses on the main thrust of your application claiming that debt was / is statute barred at the time the claim was issued...knowingly that it isn't and cant be the case because of the last transactions as per the last statement... IE December 08 to January 2009 as the claim was issued December 2014 .....so forget the Statute barred route...the cheque issued Feb 2015 is irrelevant.

 

So what else do we have....unfair charges ...errors in procedure....delay in defaulting......errors the way it was defaulted.Now you must submit a witness statement in response and this needs to be submitted not less than 7 days pre hearing (3rd Sept) so we only have 6 days left......don't concern yourself on that for now...wont be a problem.

 

As for the content of the WS well you need to divert the judge away from the SB argument and get him to concentrate on the procedural errors not only by the claimant but also by the Bank and show sufficient argument to deny their WS and show that you can offer a defence with reasonable justification as to why the claim should be set a side and that their are triable issues.

 

Wont be easy and could be quite a complex WS...but hey as you have paid the fee and the hearing is happening...may as well give it the best shot..there is nothing to lose.

 

I will take a look at this tomorrow for you...and it must be emailed to the court and claimant by Sunday ...no later.

 

I would suggest you now take a break as its Friday evening ( I note you have been here most of the day) and spend what time is left with your family and try to relax.

 

Regards

 

Andy