MKDP Claimform - HSBC 'debt'

[AndyOrch]

Do you not want any comment on your CPR 18.....post here for opinions?

[Xarbain]

I did not think about that, let's see if I have got this right:

 

IN THE XXXXXX county court CLAIM NO: XXXXX BETWEEN:

 

MKDP LLP

and

XXXXX

_________________________ _________________________ ___________________

PART 18 REQUEST FOR FURTHER INFORMATION dated 22 June 2015

_________________________ _________________________ ___________________

 

 

To: MKDP LLP

Please answer the following questions:

 

1. Provide a copy of the statement showing the last payment made on account for account XXXXX relating to the claimed outstanding debt of £12,197.67 I have not received details of the particulars of the claim, other than those stated on the County Court Claim Form which does not contain this information.

2. Provide a breakdown of how the amount of £12,197.67 is made up, ensure charges, PPI fees, interest added and all other fees and charges not specifically mentioned here are clearly itemised. I have not received details of the particulars of the claim, other than those stated on the County Court Claim Form.

3. Provide a copy the original agreement for the loan/overdraft of £12,197.67

 

 

TAKE NOTICE THAT YOU ARE REQUIRED TO ANSWER THE ABOVE REQUEST WITHIN 14 DAYS OF SERVICE OF THE SAME UPON YOU WHICH IS 6TH JULY 2015.

 

 

Yours faithfully,

[AndyOrch]

Cant ask for documents...only ask questions with regards to the debt......

[Xarbain]

This is why I am not a solicitor, Can I ask:

 

Confirm the date of the last payment details made on account XXXXXX that is clearly a repayment of this alleged debt, and served to reduce the outstanding amount of the claim of £12,197.67? And are you in possession of documents clearly stating this as a fact?

 

Does this claim relate to an overdraft facility or a loan with HSBC? (I have not had an overdraft of more than 1500 that I can recall)

 

At what date was the original agreement with HSBC leading to this claim signed?

 

How much of the aledged debt of £12,197.67 is made up of charges, PPI fees, interest and added bank charges?

 

I am assuming from the dates that this is close to the statue of limitation, and I need to check which date the last payment actually was made, in case it is different from Noddle's dates. I am still not sure what this is, or what makes up the 12K, any pointers gratefully received.

[Xarbain]

Before you make a claim, you must write to the supplier of the goods or service

giving them a specific time, such as 14 days, to correct any fault and that failing this,

you will take action in the county court. This is called a ‘letter before action’ and

should be sent by recorded delivery. The court will not allow you to make a claim

unless the defendant has been informed and given a chance to correct any fault

before you do so.

 

I found the above on Citizens Advice Bureau, I have double checked all mail, and I do not see any missed deliveries, nor have my neighbours received any mail on my behalf, can I use this as part of my defence or to get it thrown out?

[Ganymede]

No. The recorded delivery rule is obsolete.

[Xarbain]

This is why I am not a solicitor, Can I ask:

 

Confirm the date of the last payment details made on account XXXXXX that is clearly a repayment of this alleged debt, and served to reduce the outstanding amount of the claim of £12,197.67? And are you in possession of documents clearly stating this as a fact?

 

Does this claim relate to an overdraft facility or a loan with HSBC? (I have not had an overdraft of more than 1500 that I can recall)

 

At what date was the original agreement with HSBC leading to this claim signed?

 

How much of the aledged debt of £12,197.67 is made up of charges, PPI fees, interest and added bank charges?

 

I am assuming from the dates that this is close to the statue of limitation, and I need to check which date the last payment actually was made, in case it is different from Noddle's dates. I am still not sure what this is, or what makes up the 12K, any pointers gratefully received.

 

Any comments/pointers of the above before I send off the letter?

Thank you in advance.

[AndyOrch]

I would just keep it simple........confirm what type of debt the claim refers to ......Overdraft...loan or Credit card....the rest you deal with subject to their response.

 

 

Andy