Received a claim? Yes
Issue Date: 11-4-2014
Amount approx: 5,500
Claimant: MKDP LLP
Solicitor:
Original Credit: HSBC
Particulars of Claim:
The Claimant claims the sum of 5,XXX.XX 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 404782/82202506. It was a term of the bank account that any debt balance would be repayable in full on demand. The Defendant(s) has failed to make payment as required by the statutory default notice served by HSBC Bank Plc.
The Claimant claims the sum of 5,XXX.XX and costs.
The Claimant has complied, as far as is necessary, with the Pre-Action Conduct Practice Direction.
Stat Barred? No
Have sent: Acknowledged the Claim, Sent a CPR 31.14 request
Other Info:
1. I filed a defence with the Money Claims Centre
2. The case was allocated to the Small Claims Track at my local Count Court
3. The Claimant has not responded to my CPR 31.14 request
4. There was a preliminary hearing on 2nd December. The judge was highly complimentary of my handling of the case to date As a result of the hearing the Judge issued a Court Order dated 2nd December 2014 asking the Claimant to send to defendant, by 4 pm on 16th December 2014, the following:
a) Copies of relevant documents to include but not limited to, evidence of transfer Assignment the debt and copies of notices in respect of that which were sent to the Defendant
The Judge said he was mindful of the difficulty I would have seeking advice over the Christmas period hence the 2 week deadline. He also warned that if the Claimant did produce the evidence requetsted I would be unlikely to have a defence.
The Claimant's solicitor (a local brought in - it seems - at the last minute) tried to discuss the case with me in the waiting room in front of other people before the hearing. He also attempted to get me to pay him the claimed amount there and then. I kept telling me i should not be scared....
5. On 22nd December I received a package from the Claimant dated 19th December 2014 the contents of which were stated to be the Final Demand. Application Form and Terms and Conditions.
The Application Form is mostly illegible and does not include:
a) A heading
b) The borrower’s address
c) Financial information
As such I believe this form is unenforceable as an agreement as laid down in section 61(1) of the Consumer Credit Act 1974.
The Final Demand is just that and does not appear to be a default notice.
The package also included (though not stated in the cover letter) a letter supposedly from HSBC to me stating that the debt had been assigned to MKDP. The letter had no letterhaed (I was warned by the Judge that this would be the case) and was not signed.
6. On 29th December I got through (finally) to the court. I was told that they had received documents from the Claimant on 23rd December. I informed them that the Claimant had sent me documents and that the cover letter was dated the 19th and they were therefore late. The lady told me that if I wished to raise this i should do so in writing.
7. Attempts to contact a solictor or CAB in the past week have been fruitless.
8. I need advice please on:
a) How I should deal with the failure of the Claimant to comply with the order in terms of lateness and (perhaps) content. Do I have grounds to ask for a strike out and/or more time?
b) Whether it worth is me pursuing my defence. Now that I have seen some of the Claimant's evidence I see that the Claimant has provided a copy of a potentially unenforceable agreement. Also, I only have the 'copy' letter of assignment to show that the Claimant has any right to ask me for money.
9. It may be irrelevant but when I received the final demand from HSBC I was still paying them 160 per month as agreed and had already paid over 2 grand off the debt.
10. A couple of days ago i recieved a statement from MKDP (a first) and it included Legal Fees of £160. How can they say I owe them legal fees when they haven't (yet...) won their claim?
Issue Date: 11-4-2014
Amount approx: 5,500
Claimant: MKDP LLP
Solicitor:
Original Credit: HSBC
Particulars of Claim:
The Claimant claims the sum of 5,XXX.XX 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 404782/82202506. It was a term of the bank account that any debt balance would be repayable in full on demand. The Defendant(s) has failed to make payment as required by the statutory default notice served by HSBC Bank Plc.
The Claimant claims the sum of 5,XXX.XX and costs.
The Claimant has complied, as far as is necessary, with the Pre-Action Conduct Practice Direction.
Stat Barred? No
Have sent: Acknowledged the Claim, Sent a CPR 31.14 request
Other Info:
1. I filed a defence with the Money Claims Centre
2. The case was allocated to the Small Claims Track at my local Count Court
3. The Claimant has not responded to my CPR 31.14 request
4. There was a preliminary hearing on 2nd December. The judge was highly complimentary of my handling of the case to date As a result of the hearing the Judge issued a Court Order dated 2nd December 2014 asking the Claimant to send to defendant, by 4 pm on 16th December 2014, the following:
a) Copies of relevant documents to include but not limited to, evidence of transfer Assignment the debt and copies of notices in respect of that which were sent to the Defendant
The Judge said he was mindful of the difficulty I would have seeking advice over the Christmas period hence the 2 week deadline. He also warned that if the Claimant did produce the evidence requetsted I would be unlikely to have a defence.
The Claimant's solicitor (a local brought in - it seems - at the last minute) tried to discuss the case with me in the waiting room in front of other people before the hearing. He also attempted to get me to pay him the claimed amount there and then. I kept telling me i should not be scared....
5. On 22nd December I received a package from the Claimant dated 19th December 2014 the contents of which were stated to be the Final Demand. Application Form and Terms and Conditions.
The Application Form is mostly illegible and does not include:
a) A heading
b) The borrower’s address
c) Financial information
As such I believe this form is unenforceable as an agreement as laid down in section 61(1) of the Consumer Credit Act 1974.
The Final Demand is just that and does not appear to be a default notice.
The package also included (though not stated in the cover letter) a letter supposedly from HSBC to me stating that the debt had been assigned to MKDP. The letter had no letterhaed (I was warned by the Judge that this would be the case) and was not signed.
6. On 29th December I got through (finally) to the court. I was told that they had received documents from the Claimant on 23rd December. I informed them that the Claimant had sent me documents and that the cover letter was dated the 19th and they were therefore late. The lady told me that if I wished to raise this i should do so in writing.
7. Attempts to contact a solictor or CAB in the past week have been fruitless.
8. I need advice please on:
a) How I should deal with the failure of the Claimant to comply with the order in terms of lateness and (perhaps) content. Do I have grounds to ask for a strike out and/or more time?
b) Whether it worth is me pursuing my defence. Now that I have seen some of the Claimant's evidence I see that the Claimant has provided a copy of a potentially unenforceable agreement. Also, I only have the 'copy' letter of assignment to show that the Claimant has any right to ask me for money.
9. It may be irrelevant but when I received the final demand from HSBC I was still paying them 160 per month as agreed and had already paid over 2 grand off the debt.
10. A couple of days ago i recieved a statement from MKDP (a first) and it included Legal Fees of £160. How can they say I owe them legal fees when they haven't (yet...) won their claim?
Court Claim - MKDP LLP / HSBC - 11-4-2014
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