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

[dtlewis2015]

Andy your a absolute star mate thank you so much i might sleep a little better tonight now thanks for everything

[AndyOrch]

[AndyOrch]

dtlewis2015

 

Point 11 of their WS did you ever receive a LBA (Letter before legal Action)? Or was it posted tour previous address?

 

Andy

[dtlewis2015]

dtlewis2015

 

Point 11 of their WS did you ever receive a LBA (Letter before legal Action)? Or was it posted tour previous address?

 

Andy

 

 

No i never received it as id moved out of that property in July 2014 even when living at that address i never received anything to do with MKDP

[AndyOrch]

In the XXXXXXXX County Court Claim no.XXXXXXXXXX

Defendants Application

Application To Set a Side Judgment dated xxxxxxx

 

Between :

 

XXXXXXXXX Claimant

And

XXXXXXXXXXXX

Defendant

 

Witness Statement of Mr XXXXXXXX in Response to the Claimnats Witness Statement dated xxxxxxx____

 

I Mr XXXXXXXXX of (insert Address) make this statement in support of my application to set a side judgment dated xxxxxxx will state the following:

 

1. I make this statement in opposition to the Defendants objections to set a side judgment in anticipation of the hearing dated 3rd September 2015.

 

2. Since reciept of my Data Subject Access request dated xxxxx and received xxxxx after my initial application, I revoke my initial contentions of the debt being statute barred pursuant to The Limitations Act 1980 ("LA 1980") Section 5.

 

3. In response to the claimants point 5. It is brought to the court attention that the cheque dated 19th February 2015 was posted in advance and undated to the creditor and that I had no control of when they would try to cash it.The cheque was denied anyway as the account had since been terminated.It is therefore irrelevant to the case in hand.

 

4. With regards to the Claimants point 6 & 7.It is denied that any Notice served under Sections 76(1) and 98(1) of the CCA 1974 was ever served or received and the exhibits referred to and relied upon by the claimant are invalid pursuant to the CCA 1974. It is therefore also accepted that any default placed was not pursuant to the CCA 1974 or correctly placed in line with the Information Commissioners Office guidance and Data Protection Act 1998.

 

5. With regards to points 8 & 9.It is denied that any Notice of Assignment pursuant to the Law and Property Act 1925 (LPA 1925) was ever served or received at my current address and it is accepted by the claimants point 9 that they are unable to evidence that fact.

 

6. In response to the Claimant points 11,12,13,14,15 The claimants should have been aware of my current address as already stated, as the claimant had previously performed an audit on my credit file dated 17th October 2013 and 25th December 2013 and again on the 16th December 2014 after commencing County Court Proceedings.It is the claimants duty to ensure that the correct address has been checked and used to serve any documents before issuing a claim considering that they alleged to have bought this debt 4 years before instigation legal proceedings.

 

7. In response to point 21 I have already revoked my contention on the debt being statute barred and points 22 -27 are irrelevant as the claimant can not prove that said documents were ever served.

 

8.With regards to point 28. I will contend that I had no knowledge of the judgment until the date of my application..therefore any application before this date was not possible.Considering that the judgment had been entered by the claim 1 year,4 months and 11 days previously and taken into consideration that no communication or any response was ever made in regards to payment one would think that the Claimant would validate the address correctly...which they have appeared to successfully achieved after judgment.

 

9.It is therefore respectfully requested that the court allow this application to set a side pursuant to CPR 13.3 (a) and (PD ii) in the the Claimant has failed to exhaust accurate information in the serving and executing of this claim.The Defendant has real prospects of success in defending the claim and there is no other reason why the claim should be disposed of at trial.

 

By reason of the facts and matters set out above, I respectively invite the Court to dismiss the Claimants objections and supporting witness statement and allow my application to set a side.

 

STATEMENT OF TRUTH

 

I believe that the facts stated in this Witness Statement are true.

 

Mr XXXXXXXX

 

Dated this day xxxxxxxxx

 

 

Check the contents and edit to suit, complete the sections marked xxxxxxx...post if unsure of any of the points I have raised.

 

Regards

 

Andy

[dtlewis2015]

perfect Andy I really am grateful for all your help can I just ask a few quick things please if possible before I send it off

 

Firstly would it be worth me mentioning that now that MKDP have provided myself and the court the HSBC bank statements and showing all the charges and intrest for 9 full months from when i stopped using the account and no money ever paid in from FEB 09-NOV 09 when they finally closed the account with them all being unfair is it also worth me mentioning that I've since reported it to financial ombudsmen service to reclaim the charges from HSBC ?

 

Secondly they only obtained judgment in January 2015 so by them stating in there witness statement that they obtained judgment 1 year 4 months and 11 days is completey wrong and misleading the court because it has been only been 7 months so is it worth me changing point 8 to state that ?

 

Thirdly iv'e only just noticed she told the court in her statement that the last cheque was cashed in February 2015 i cant believe i missed that part because the statements she has provided from HSBC state the date for the last cheque was February 2009 so again she has got the date wrong by well over 6 years

 

I think that's everything I wanted to ask also do I send it via email to the same email address where I sent the set aside application to ?

 

thanks again Andy for all your time and hard work

 

David

[AndyOrch]

perfect Andy I really am grateful for all your help can I just ask a few quick things please if possible before I send it off

 

Firstly would it be worth me mentioning that now that MKDP have provided myself and the court the HSBC bank statements and showing all the charges and intrest for 9 full months from when i stopped using the account and no money ever paid in from FEB 09-NOV 09 when they finally closed the account with them all being unfair is it also worth me mentioning that I've since reported it to financial ombudsmen service to reclaim the charges from HSBC ? Yes absolutely feel free to add that

 

Secondly they only obtained judgment in January 2015 so by them stating in there witness statement that they obtained judgment 1 year 4 months and 11 days is completey wrong and misleading the court because it has been only been 7 months so is it worth me changing point 8 to state that ? Again yes a must...I didnt spot that

 

Thirdly iv'e only just noticed she told the court in her statement that the last cheque was cashed in February 2015 i cant believe i missed that part because the statements she has provided from HSBC state the date for the last cheque was February 2009 so again she has got the date wrong by well over 6 years.Then refute that and amend my paragraph to reflect same

 

I think that's everything I wanted to ask also do I send it via email to the same email address where I sent the set aside application to ? Send it to your Local Court that is hearing the application and also to the Solicitors email addy

 

thanks again Andy for all your time and hard work

 

David

 

Regards

 

Andy

[dtlewis2015]

Brilliant thanks again Andy its all done ready to go the only email address's ive found for the court is below im guessing it would be the enquires one ? Also i don't have a email address for the solicitor as it dose not say who she works for other than shes a external accounts manager appointed by MKDP so do i just send it to MKDP customer services email address ?

 

Email

 

Enquiries: [email protected]

Magistrates' court: [email protected]

Small claims mediation: [email protected]

[AndyOrch]

Brilliant thanks again Andy its all done ready to go the only email address's ive found for the court is below im guessing it would be the enquires one ? Also i don't have a email address for the solicitor as it dose not say who she works for other than shes a external accounts manager appointed by MKDP so do i just send it to MKDP customer services email address ? Yes for her attention

 

Email

 

Enquiries: [email protected] This one I assume

Magistrates' court: [email protected]

Small claims mediation: [email protected]

 

Regards

 

Andy

[dtlewis2015]

Right thats everything done and sent off to the court and MKDP all via email thanks again to Andy for all your help and fingers crossed i get something from it on Wednesday if not at least we gave it a good go. Ill update you on Thursday afternoon with the outcome

[honeybee13]

Good luck, dtl.

 

HB

[AndyOrch]

Also run 3 spare copies and take with you to the hearing.....

[dtlewis2015]

Will do Andy thank you

[dtlewis2015]

Thanks HB i think im going to need it

[dtlewis2015]

UPDATE -

 

Well been to court this afternoon

 

 

awaiting me was a solicitor from MKDP even though they stated in their statement they would not be attending

 

 

I'm guessing andy's help might have made them think twice

 

 

I got into the court

 

 

the judge stated about the number of errors in MKDP statement and also about the charges applied

 

 

said I still owe the money and to pay up

 

 

he is not allowing the set aside

 

 

he also did not award costs due to the errors MKDP have made

 

 

I'm so gutted

 

 

but thanks to everyone who helped

and also Andy you were a big help mate thank you.

[AndyOrch]

Nothing ventured nothing gained...and as stated you had already paid the application fee.Have you now got a copy of the judgment?

 

Andy

[dtlewis2015]

No nothing

 

 

should i have been given one ?

 

 

Im now guessing MKDP will go on a mad one to collect this money as ive wasted their time going to court

 

 

whats the best way to arrange payment on a monthly basics ?

[AndyOrch]

Thats why you need a copy of the Judgment....as this will detail the payment arrangement and the value and whether any interest is applicable to said judgment.

 

Ring MCOL Northampton with the case number and request a copy of the Judgment.

 

I would assume the judgment would have been forthwith...so we now need to deal with the payment arrangements before they attempt to escalate this any further.

 

Go to the CAG Library ...Legal and familiarise yourself with the N245 ...this is an application to vary the forthwith to an agreed monthly payment...subject to affordability...you will see the attached I&E that must be submitted.

 

The fee is £50.

 

Regards

 

Andy

[dtlewis2015]

Brilliant thanks Andy

[dtlewis2015]

I have just received a copy of the judgement via email from MCOL showing its now in my updated address and also my local court here is a copy so total amount claiming is £3300.36

[AndyOrch]

Very efficient dtlewis:-D

 

Well now its as per post #3 above.....get it changed from Forthwith to monthly...this will then limit the claimants options re executing the judgment.

 

Andy

[dtlewis2015]

Thank you ill get it filled in now and sorted thank you again for everything

[dtlewis2015]

Morning Guys after a sleepless night now worrying about this CCJ and making payments etc

 

 

iv'e had a good look at the CAG Library but cant seem to find the correct answers to my questions

Andy if your there and could possibly help me a little more id be very grateful mate.

 

 

Ive contacted the court this morning who have advised me that the quickest way to sort it would be to drop the N245 form down to the court

and make payment there which i will try to do today if i can get it filled in on time.

 

 

questions are below if someone could please advise

 

1. I am a stay at home father who has been unemployed for 4 months

i have no income

my partner now works and she dose around 33 hours on min wage a week

she gets a small wage and we have 4 young children at school.

 

 

On the N245 form it dose not mention my partners wages only mine

do i include her's or not because its not her debt ?

 

2. We claim housing benefit & council tax benefit together and also Tax credits

the working tax part is in my partners name as she works etc

the child benefit is also just in my partners name

again do i only include what i get or do i include her payments ?

 

3. All payments for everything go into my bank account because she couldn't get a bank account due to no passport

does that cause a problem even though i have paperwork showing the items are in her name only

i.e wage slips and tax credit letters etc ?

 

4. Because we pay the bills and school dinners and everything from my bank account

and most items are in my name i.e the car finance for example and everything that is in my name was taken out when i was working full time

we pay for everything together as a normal family would do so i'm unsure on how to work out what to put

and if so do i just half the bills because of my partner etc

because if i just put my income of tax credits and then after i have paid what bills are in my name id

be around £500 short so wouldn't make sense if you can understand what i mean

 

5. I asked for help on the national debt line online chat service this morning and they advised me not to use my partners details as its nothing to do with her

and as i have no income other than tax credits to just offer £1 a month

she also stated that don't make yourself struggle to pay it off because either way at 6 years it falls off your credit report

but is obversely still collectable

as long as you carry on paying the £1 there is nothing they can do is this correct ?

 

6. I am also not in arrears with any bills or rent etc if that makes a difference

since all my problems years ago we worked so hard to sort our lives out

and thought we had finally sorted everything out till this CCJ came back and bit me in the bum

 

Sorry for the questions but i just want this sorted once and for all

[AndyOrch]

Good morning....no need for sleepless nights.

 

Okay on the n245

 

Self explanatory parts completed I assume.

 

Go to income 6.

 

In other income box state your partners income (after tax and NI) list all the benefit income as your income.

 

In 7. Expenses leave empty (because you do not pay them and it states not to include any payments made by other members of the household paid from their income.)

 

In 11.Your Offer ...consider the total income and expenses and make an affordable offer of payment.

 

Regards

 

Andy

[dtlewis2015]

Brilliant thank you again