XTREME URGENCY: MKDP. COURT DATE CONFIRMED FOR HSBC OLD DEBT
Hello all!!!! please patiently read and any advice will be welcome. I am losing sleep...
I am officially being taken to court by a Debt purchaser: MKDP LLP (Original creditor: HSBC)
- Date of issue: April 2014 - Value of the claim rounded up: £7000.
Particulars of Claim reads as follow: The Claimant claims the sum of 7000 being monies due from the Defendant to HSBC Bank PLC under a Bank account facility regulated by the Consumer Credit Act 1974. This was assigned to the claimant MKDP LLP on 08-12-2011. The Defendant's account number was XXXX 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 payments as required by the statutory default notice served by HSBC Bank Plc. The Claimant claims the sum of XXXXX and costs. The Claimant has complied, as far as is necessary, with the pre-action conduct practice direction....
I have already sent out all the requests: CCA, SAR, CPR you name it.... no documents were received so I put my defence in on time: saying I am unable to defend as there is no document, never heard of MKDP etc...
The story: I was banking with HSBC and took out a PROFESSIONAL STUDY LOAN in April 2007.
I was supposed to start paying it back in 2009 but could not afford it as I had a major surgery and could not finish the course thus same salary.
I discussed it with HSBC on several occasions to either postpone the repayment for another 6 months so I could finish the course, move to my new position (my company was willing to move me up but not to pay for the course). Obviously they refused. So I asked to lower the repayment and again they refused and instead the account was sent to MCS then chased by a few debt collection agencies including MOORCROFT with which I had some dealings because it was the only company that provided a notice of assignment.
I formally requested a copy of the credit agreement under s.77/79 of the CCA to MOORCROFT and in January 2010,
they responded as follow: . ..we refer to your recently received letter requesting letter as per section 77-79 CCA 1974. We duly confirm that we have requested the relevant documentation from our client and once received we will duly forward the same to you. meanwhile, we duly confirm that all collection activity on the account has been put on hold and we will not seek to enforce payment of this debt until such time as the documentation has been supplied or we have advised you to the contrary.....
I stopped all payment as the account was now in query. I proposed to MOORCROFT to separate both debts and I will continue to make payment toward the £575 overdraft
whilst the LOAN is in query. I heard nothing and At this stage I started to ignore the threatening letters from various DCA as none provided a notice of assignment. During that period, I received ONE SINGLE Default Notice back in 2009 from the original creditor HSBC. And it all went quiet until I received this summon from MKDP.
Now the balance they referred to as relating to a Bank account, is in fact a PROFESSIONAL STUDY LOAN to which they added lots of interests and other charges plus £575 overdraft I used and am prepared to pay.
HSBC staff had advised me in the past that they have stopped this type of loan and do not have the necessary paperwork anymore.
I called the court yesterday and was told the case was going ahead as MKDP has made their final payment.
As far as I can remember, this type of Loan is totally different from a personal loan. it is given to professional in the certainty that once the course is finished they will move to a better job. The institution providing the course has extended the course to another 6 months but since HSBC refused, I could not afford to go part time and pay them at the same time.
So at the end, I lost the money and gotten no diploma... lost both!!!! And my situation is not better anyway .
I looked into my archives and found something that look like the agreement but with no signature whatsoever.
For now I know two things:
1- I do not want a CCJ
2- I cannot pay
Does anyone knows of someone that received a CCJ even though there was no agreement? should I assume that this will be unenforceable due to the lack of agreement? How can I send you the document I have here? Has anyone heard of the PRO STUDY LOAN at all?
Please!!!! To anyone that will take their time to read my post, I thank you in advance for your time... I need as much help as possible.. I am dreading the court.
I have looked for similar cases as mine and could not find any or maybe I didn't check well. But please help me...xxx
Hello all!!!! please patiently read and any advice will be welcome. I am losing sleep...
I am officially being taken to court by a Debt purchaser: MKDP LLP (Original creditor: HSBC)
- Date of issue: April 2014 - Value of the claim rounded up: £7000.Particulars of Claim reads as follow: The Claimant claims the sum of 7000 being monies due from the Defendant to HSBC Bank PLC under a Bank account facility regulated by the Consumer Credit Act 1974. This was assigned to the claimant MKDP LLP on 08-12-2011. The Defendant's account number was XXXX 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 payments as required by the statutory default notice served by HSBC Bank Plc. The Claimant claims the sum of XXXXX and costs. The Claimant has complied, as far as is necessary, with the pre-action conduct practice direction....
I have already sent out all the requests: CCA, SAR, CPR you name it.... no documents were received so I put my defence in on time: saying I am unable to defend as there is no document, never heard of MKDP etc...
The story: I was banking with HSBC and took out a PROFESSIONAL STUDY LOAN in April 2007.
I was supposed to start paying it back in 2009 but could not afford it as I had a major surgery and could not finish the course thus same salary.
I discussed it with HSBC on several occasions to either postpone the repayment for another 6 months so I could finish the course, move to my new position (my company was willing to move me up but not to pay for the course). Obviously they refused. So I asked to lower the repayment and again they refused and instead the account was sent to MCS then chased by a few debt collection
agencies including MOORCROFT with which I had some dealings because it was the only company that provided a notice of assignment. I formally requested a copy of the credit agreement under s.77/79 of the CCA to MOORCROFT and in January 2010,
they responded as follow: . ..we refer to your recently received letter requesting letter as per section 77-79 CCA 1974. We duly confirm that we have requested the relevant documentation from our client and once received we will duly forward the same to you. meanwhile, we duly confirm that all collection activity on the account has been put on hold and we will not seek to enforce payment of this debt until such time as the documentation has been supplied or we have advised you to the contrary.....
I stopped all payment as the account was now in query. I proposed to MOORCROFT to separate both debts and I will continue to make payment toward the £575 overdraft
whilst the LOAN is in query. I heard nothing and At this stage I started to ignore the threatening letters from various DCA as none provided a notice of assignment. During that period, I received ONE SINGLE Default Notice back in 2009 from the original creditor HSBC. And it all went quiet until I received this summon from MKDP.
Now the balance they referred to as relating to a Bank account, is in fact a PROFESSIONAL STUDY LOAN to which they added lots of interests and other charges plus £575 overdraft
I used and am prepared to pay.HSBC staff had advised me in the past that they have stopped this type of loan and do not have the necessary paperwork anymore.
I called the court yesterday and was told the case was going ahead as MKDP has made their final payment.
As far as I can remember, this type of Loan is totally different from a personal loan. it is given to professional in the certainty that once the course is finished they will move to a better job. The institution providing the course has extended the course to another 6 months but since HSBC refused, I could not afford to go part time and pay them at the same time.
So at the end, I lost the money and gotten no diploma... lost both!!!! And my situation is not better anyway .
I looked into my archives and found something that look like the agreement but with no signature whatsoever.
For now I know two things:
1- I do not want a CCJ
2- I cannot pay
Does anyone knows of someone that received a CCJ even though there was no agreement? should I assume that this will be unenforceable due to the lack of agreement? How can I send you the document I have here? Has anyone heard of the PRO STUDY LOAN at all?
Please!!!! To anyone that will take their time to read my post, I thank you in advance for your time... I need as much help as possible.. I am dreading the court.
I have looked for similar cases as mine and could not find any or maybe I didn't check well. But please help me...xxx
Xtrem urgency: Mkdp. Court date confirmed for hsbc old debt
0 commentaires:
Enregistrer un commentaire