MKDP Claimform - HSBC 'debt'

[Xarbain]

I received Saturday in the post a Claim form dated 08 Jun 2015 which I need to respond to quickly.

 

 

It has a particulars of the claim filled in, but no breakdown etc

I have also not received a letter warning me of their intent to take me to court.

 

The debt in question was defaulted in 2008/2009 with HSBC after I was made redundant (and relates to my credit card),

and my PPI was not applied as requested by myself at the time.

 

 

This was supposed to get back dated, instead they sold the debt off, and the new company was not interested in my dispute with HSBC

and proceeded to terrorise with calls until late in the evenings, until I had to change my number as I was so stressed out by it all.

 

The company taking me to court must have bought the debt back in 2011 and I have not spoken to them nor recall hearing from them tbh

, nor have I gotten a breakdown of how they have arrived at the amount they are going after for me for.

 

 

How do I defend against this?

 

I would have thought the debt would have been too old now, and after not hearing anything about it for so long,

I had honestly forgotten all about my old dispute with HSBC.

 

 

I have looked through my paperwork, and as the dispute is so old,

I do not have the original paperwork to back up my case no more.

 

 

Any help you can offer,

 

 

is gratefully received.

Thank you.

[citizenB]

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

 

Please have a read of the above thread - provide answers to the questions asked and pop them here in this thread.

 

If the issue date on the form is 08 June then your timeline is..

 

Issue date 08.06.2015 + 5 days for service = 12.06.2015 + 14 days to acknowledge = 26.06.2015 + 14 days to submit a defence if you are intending to. which will take you to.. 10.07.2015

 

So you need to acknowledge by 26 June which gives you 4 days - you can do this online using the password and claim reference provided on the claim form, itself.

 

Once you have provided the other information requested, we can then advise further.

 

If you can establish the exact default date and also the last date any payment was made that would be very useful and are questions asked in the questionnaire I have linked you to.

Edited June 22, 2015 by citizenB
added defence due date

[Xarbain]

Thank you

 

Name of the Claimant ? MKDP LLP

Particulars of the claim:

Claimants claims the sum of 12,197.67 being monies due from the Defendant(s) to HSBC Bank Plc

under a bank account facility regulated by the consumer credit Act 1974 and assigned to the Claimant on 08/12/2011.

The Defendant’s account number was XXXXXXXX It was a term of the bank account that any debit balance would be payable in full on demand.

The Defendant(s) have failed to make payment as required by the demand for payment sent by HSBC Bank plc.

The Claimant claims the sum of 12,197.67 and costs. The Claimant has complied, as far as is necessary, with the Pre-Action Conduct Practice Direction

 

What is the value of the claim? £12,746.57 (incl 548.90 court fee)

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit Card

When did you enter into the original agreement before or after 2007? Around 1997 edit, according to my credit report 08/05/1997

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. Debt Purchaser

Were you aware the account had been assigned – did you receive a Notice of Assignment? I was aware it was re-assigned many years ago, but to MKDP LLP in 2011, no.

 

Did you receive a Default Notice from the original creditor? Yes I did, which was disputed at the time as the card insurance should have kicked in, as I was made redundant.

 

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

Why did you cease payments? I was made redundant

 

What was the date of your last payment? 2009 (so long ago, I honestly cannot recall the exact date now)

edit: Checked my credit report again, the exact date according to noodle credit report is 16/09/2009

Was there a dispute with the original creditor that remains unresolved?

 

 

Yes, after being made redundant, I informed the bank (HSBC) and was told my PPI would take care of the payments,

I then several months later received notice of default.

I contacted the bank, who claimed they had not received the paperwork.

They sent new paper work out, which again was filled in (In the meantime another default letter was received)

I was then told I had filed too late, which I disputed as they lost my first set of paperwork, after discussions they agreed to backdate the claim.

I then received another default letter, followed by a notification that my debt had been re-assigned.

I contacted the new company, which had no interest in my dispute with HSBC,

nor that I was unemployed and receiving benefits and now unable to make the payments.

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan?

 

 

Yes, and the repayment options they offered was not financially viable for me, as my total benefits received would not have covered the amount.

Edited June 22, 2015 by Xarbain
Checked credit report to help with the dates asked for in the original request.

[unclebulgaria67]

You need to send a CCA request to HSBC credit cards and a CPR 31,14 letter to whoever is stated as the claimants Solicitors on the court claim form. The CPR letter is to request any documents stated in the particulars of claim.

 

http://www.consumerwiki.co.uk/index.php/DCA:_Using_CPR_31.14_to_Your_Advantage

 

Send both letters by standard recorded delivery or at least get proof of posting from the post office.

 

What was the default date approximately ? The default date shown on your credit report may not be correct. You need to get hold of the date from HSBC when you failed to make a payment on a statement and to get this in writing. You are within a few months if the debt being statute.

 

Did HSBC make any PPI payments onto the account ? I think you need copies of all statements of account and more info about what happened with the PPI claim.

[unclebulgaria67]

CCA letter

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974-**Updated-January-2015**

[Xarbain]

I am a little bit confused with regards to the claimants solicitor, as in the bottom right hand corner it says "duly authorised by the claimant to sign this statement signed (and here typed) MKDP LLP and further (Claimant)(Claimant's solicitor) XXXXXXXXXXXXXXXXX no name, just the XXXX. How do I find out who the solicitor is to send off the CPR 31,14 letter?

[citizenB]

There should be an address in the solicitor section for you to send the CPR 31.14 request to.

[dx100uk]

cpr and CCA request to MKDP

blank £1PO don't sign anything

 

 

CPR is in the legal section of the library tab top left

 

 

dx

[dx100uk]

can we have the full particulars of the claim from the claimform verbatim [minus pers info]

 

 

dx

[Xarbain]

[ATTACH=CONFIG]58160[/ATTACH][ATTACH=CONFIG]58161[/ATTACH]

 

This is the only address and only solicitor details I can find on the documents. Am I looking in the wrong place?

[AndyOrch]

Then both requests go to MKDP (Claimant)

[Xarbain]

can we have the full particulars of the claim from the claimform verbatim [minus pers info]

 

 

dx

 

Thank you for the clarification, my first ever County Court Claim so was not sure if I was missing anything when looking for the details for the solicitors.

 

Particulars of the claim:

Claimants claims the sum of 12,197.67 being monies due from the Defendant(s) to HSBC Bank Plc under a bank account facility regulated by the Consumer Credit Act 1974 and assigned to the Claimant on 08/12/2011. The Defendant’s account number was XXXXXXXX It was a term of the bank account that any debit balance would be payable in full on demand. The Defendant(s) have failed to make payment as required by the demand for payment sent by HSBC Bank plc. The Claimant claims the sum of 12,197.67 and costs. The Claimant has complied, as far as is necessary, with the Pre-Action Conduct Practice Direction.

 

This is the only information offered in the claim that I have received.

[dx100uk]

particulars say bank account

you have said its a credit card?

 

 

you cant CCA a bank account 'debt'

 

 

and I notice there is no mention of assignment to MKDP in the POC too?

 

 

have you missed a bit out?

[AndyOrch]

Particulars of the claim:

Claimants claims the sum of 12,197.67 being monies due from the Defendant(s) to HSBCicon Bank Plc under a bank account facility regulated by the consumer crediticon Act 1974 and assigned to the Claimant on 08/12/2011. The Defendant’s account number was XXXXXXXX It was a term of the bank account that any debit balance would be payable in full on demand. The Defendant(s) have failed to make payment as required by the demand for payment sent by HSBC Bank plc. The Claimant claims the sum of 12,197.67 and costs. The Claimant has complied, as far as is necessary, with the Pre-Action Conduct Practice Direction.

 

 

I also thought the PoC read like a current acccount (overdraft) ..... It was a term of the bank account that any debit balance would be payable in full on demand.

 

Andy

[Xarbain]

[ATTACH=CONFIG]58162[/ATTACH]

 

I am really confused now, as I do not recall ever having an overdraft facility over £1500.00 in my life.

I honestly thought it was the credit card, in this case, I do not actually know what the charge consists of.

 

I have gone through my credit report (again) and copied and pasted below:

Account type Current Account

Account number ******

Account start date 07/05/1997

Opening balance £ 12,197

Repayment frequency Monthly

Date of default 01/10/2009

Default balance £ 12,197

 

and

 

Account type Credit Card which what I mistakenly thought this was about, my apologies, both with MKDP LLP

Account number ******

Account start date 08/05/1997

Opening balance £ 11,661

Repayment frequency Monthly

Date of default 16/09/2009

Default balance £ 11,661

 

So I guess I'll be expecting another one of these then for the credit card charge

 

I have attached a picture showing the full Particulars as it has been presented to me.

[dx100uk]

ah yes sorry was on a small screen.

 

 

so does the account number on the poc match either of those on the cra file?

[Xarbain]

ah yes sorry was on a small screen.

 

 

so does the account number on the poc match either of those on the cra file?

 

The account number does not match, the amount matches less the court fee (12197.67+court fee of 548.90=12746.57) as per the breakdown

 

I guess I need to contact HSBC to get a breakdown of what I am being sued for. When they sold off my debt I changed banks, and have happily been with another bank since (with no defaults)

I presume I write a 13.4 and a CCA and send both to HSBC Bank and to MKDP LLP requesting the full details? Including bank statements for the time period of 2009 to find out the exact date this happened?

[dx100uk]

nothing to do with HSBC anymore

CCA/CPR goto MKDP as already advised

 

so their poc is wrong then.

 

nothing unusual there then!!

 

get the claim ack'd on MCOL too

defend all

leave juris unticked

 

dx

[dx100uk]

sri scrub the CCA as its now confirmed it is a bank account

 

 

dx

[AndyOrch]

May be prudent to use CPR 18 in this instance as the claim will be Fast Track

[Xarbain]

May be prudent to use CPR 18 in this instance as the claim will be Fast Track

 

Do you have a link to the CPR 18 template? I have done a search but not found any concrete examples. What is the main differences between CPR 18 and the CPR 31.14?

I have filed my acknowledgement online and left the jurisdiction box unticked.

Thank you all in advance for the help today, much appreciated.

[Ganymede]

Do you have a link to the CPR 18 template? I have done a search but not found any concrete examples. What is the main differences between CPR 18 and the CPR 31.14?

I have filed my acknowledgement online and left the jurisdiction box unticked.

Thank you all in advance for the help today, much appreciated.

 

CPR 18

 

18.1

(1) The court may at any time order a party to –

(a) clarify any matter which is in dispute in the proceedings; or

(b) give additional information in relation to any such matter,

whether or not the matter is contained or referred to in a statement of case.

(2) Paragraph (1) is subject to any rule of law to the contrary.

(3) Where the court makes an order under paragraph (1), the party against whom it is made must –

(a) file his response; and

(b) serve it on the other parties,

within the time specified by the court.

(Part 22 requires a response to be verified by a statement of truth)

(Part 53 (defamation) restricts requirements for providing further information about sources of information in defamation claims)

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Restriction on the use of further information

18.2 The court may direct that information provided by a party to another party (whether given voluntarily or following an order made under rule 18.1) must not be used for any purpose except for that of the proceedings in which it is given.

 

 

PD to CPR 18

 

Preliminary Request for further information or clarification

1.1 Before making an application to the court for an order under Part 18, the party seeking clarification or information (the first party) should first serve on the party from whom it is sought (the second party) a written request for that clarification or information (a Request) stating a date by which the response to the Request should be served. The date must allow the second party a reasonable time to respond.

1.2 A Request should be concise and strictly confined to matters which are reasonably necessary and proportionate to enable the first party to prepare his own case or to understand the case he has to meet.

1.3 Requests must be made as far as possible in a single comprehensive document and not piecemeal.

1.4 A Request may be made by letter if the text of the Request is brief and the reply is likely to be brief; otherwise the Request should be made in a separate document.

1.5 If a Request is made in a letter, the letter should, in order to distinguish it from any other that might routinely be written in the course of a case,

(1) state that it contains a Request made under Part 18, and

(2) deal with no matters other than the Request.

1.6

(1) A Request (whether made by letter or in a separate document) must –

(a) be headed with the name of the court and the title and number of the claim,

(b) in its heading state that it is a Request made under Part 18, identify the first party and the second party and state the date on which it is made,

© set out in a separate numbered paragraph each request for information or clarification,

(d) where a Request relates to a document, identify that document and (if relevant) the paragraph or words to which it relates,

(e) state the date by which the first party expects a response to the Request.

(2)

(a) A Request which is not in the form of a letter may, if convenient, be prepared in such a way that the response may be given on the same document.

(b) To do this the numbered paragraphs of the Request should appear on the left hand half of each sheet so that the paragraphs of the response may then appear on the right.

© Where a Request is prepared in this form an extra copy should be served for the use of the second party.

1.7 Subject to the provisions of rule 6.23(5) and (6) and paragraphs 4.1 to 4.3 of Practice Direction 6A, a request should be served by e-mail if reasonably practicable.

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Responding to a Request

2.1 A response to a Request must be in writing, dated and signed by the second party or his legal representative.

2.2

(1) Where the Request is made in a letter the second party may give his response in a letter or in a formal reply.

(2) Such a letter should identify itself as a response to the Request and deal with no other matters than the response.

2.3

(1) Unless the Request is in the format described in paragraph 1.6(2) and the second party uses the document supplied for the purpose, a response must:

(a) be headed with the name of the court and the title and number of the claim,

(b) in its heading identify itself as a response to that Request,

© repeat the text of each separate paragraph of the Request and set out under each paragraph the response to it,

(d) refer to and have attached to it a copy of any document not already in the possession of the first party which forms part of the response.

(2) A second or supplementary response to a Request must identify itself as such in its heading.

2.4

The second party must when he serves his response on the first party serve on every other party and file with the court a copy of the Request and of his response.

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Statements of Truth

3 Attention is drawn to Part 22 and to the definition of a statement of case in Part 2 of the rules; a response should be verified by a statement of truth.

[AndyOrch]

http://www.consumeractiongroup.co.uk/forum/showthread.php?255329-CPR-part-18-vs-CPR-31.14-Confused-well-read-here(1-Viewing)-nbsp

[Xarbain]

Thank you all, letters have been written and printed off, will send them tomorrow. Does it make a difference whether they are signed recorded, signed for or by normal 1st class mail?

[Ganymede]

Not really.

 

Just make sure you read CPR PD 18 very carefully.