Court Claim - MKDP / HSBC - 14-8-2014

[rubski]

Hello everyone this is my first post and id really appreciate it if I could get some advice on whether my overdraft is likely to be statute barred. I've received a county court claim from a debt collection company called MKDP for an old hsbc overdraft. I have checked my credit report with experian and it says MKDP placed a default on there relating to this debt on 14/05/2009 which is within 6 years, but the bank would have recalled the overdraft before this, so im hoping that would have taken it over the six years. I'm unsure of the actual date the overdraft was actually recalled. In the particulars on the court papers it says hsbc assigned this debt to MKDP on 08/12/2011, so im confused as to how they placed the default in 2009 on my credit report when the court papers says they were assigned the debt in 2011?. Ive had no communication with the debt company ever, and im sure i havent used the account since 2008. Im confused whether i should try and defend the claim as this will result in extra costs if im wrong, or whether i should take liabilty for the debt? can someone please advise me?? thank you guys

[rubski]

Court Claim - MKDP / HSBC - 14-8-2014

Received a claim? Yes
Issue Date: 14-8-2014
Amount approx: 1900
Claimant: MKDP
Solicitor:
Original Credit: HSBC

Particulars of Claim:
The claimant claims the sum of 1900 being monies due from the defendant 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. it was a term of the account that any debit balance would be payable on demand in full. The defendant has failed to make payment as required by the demand sent by hsbc

Stat Barred? Yes

Have sent:

Other Info:
debt collection company placed a default marker on my credit file in 14/05/2009

[rubski]

advice please, is my overdraft statue barred?

Hello everyone this is my first post and id really appreciate it if I could get some advice on whether my overdraft is likely to be statute barred. I've received a county court claim from a debt collection company called MKDP for an old hsbc overdraft. I have checked my credit report with experian and it says MKDP placed a default on there relating to this debt on 14/05/2009 which is within 6 years, but the bank would have recalled the overdraft before this, so im hoping that would have taken it over the six years. I'm unsure of the actual date the overdraft was actually recalled. In the particulars on the court papers it says hsbc assigned this debt to MKDP on 08/12/2011, so im confused as to how they placed the default in 2009 on my credit report when the court papers says they were assigned the debt in 2011?. Ive had no communication with the debt company ever, and im sure i havent used the account since 2008. Im confused whether i should try and defend the claim as this will result in extra costs if im wrong, or whether i should take liabilty for the debt? can someone please advise me?? thank you guys

[welshspark]

Re: advice please, is my overdraft statue barred?

HI there

Firstly im sure someone a lot cleverer than me will be along shortly

Overdrafts are strange old things as they aint the same as your usual credit cards / loans as they dont fall under the CCA Act.

The default you mention dated 14/05/2009 would most likely be the default which was placed by HSBC on you credit file, this debt was later sold and passed on to MKDP.. the assignment date 8/12/11, would be the date that HSBC sold to MKDP.

coming back to statute barred.. it is very difficult to pinpoint the "cause of action" its not like with a credit card / loan where u miss a payment and the clock starts.

im not to sure what else to add but im sure someone else will be along shortly who can offer more of an insight!!

[welshspark]

Re: Court Claim - MKDP / HSBC - 14-8-2014

hey is this related to the post i just commented on ?

hopefully someone will be along shortly

its my understanding though , that an overdraft has nothing to do with the consumer credit act ?

hopefully someone else will be along shortly to further advise

[Amethyst]

Re: Court Claim - MKDP / HSBC - 14-8-2014

Have merged threads to save confusion.

As Welshspark has said the default date will be the original default from HSBC just changed name to MKDP when they took over the debt. An overdraft is harder to date for limitations as they can continue without being defaulted for a good few months. If your last payment to the account was 2008 then possibly unless it was Jan-Mar 2008 it's not going to be statute barred as an overdraft I'd expect to not get to a cause of action for three months odd depending on the terms of the account...need to know a bit more about how the account was left. Do you recall approx how much the overdraft was when you stopped making payments into the account? Was there a particular dispute on the account ?

You should acknowledge the claim regardless then you have a bit more time to work out what to do with it. You can then ask them, or HSBC, for a breakdown of how the amount is made up if it is larger than you recall.

If you are able to negotiate a full and final settlement with MKDP you could try that to avoid getting the CCJ, or you can make a formal offer to pay through the court so payments are set at an affordable amount.

( An overdraft does come under the consumer credit act just not under Part V which is the part which includes 77-79 and asking for agreement copies and being unenforceable etc)

[welshspark]

Re: Court Claim - MKDP / HSBC - 14-8-2014

See i told you someone would you come along

Thanks ameythyst for clearing that up about the CCA Act

[rubski]

Re: Court Claim - MKDP / HSBC - 14-8-2014

Hey guys , thank so much for your reply, my overdraft limit was 1700 but i think i went slightly over that before i stopped activity on the account. Would that have caused them to recall the overdraft sooner? i also had a credit card with hsbc and mkdp were chasing me for that aswell but its not showing when i looked at my credit file, this is the first time ive ever checked it. i think my card was declined in late 2007 making it over 6 years, is that maybe the reason i cant see a default for that? thank you again guys

[FlamingParrot]

Re: Court Claim - MKDP / HSBC - 14-8-2014

Hey guys , thank so much for your reply, my overdraft limit was 1700 but i think i went slightly over that before i stopped activity on the account. Would that have caused them to recall the overdraft sooner?

Not necessarily. Unlike loans and credit cards, there are no set contractual monthly repayments or payment dates for overdrafts, the bank would expect you to pay money into the current account at any time and may not recall the overdraft for months. I had an unarranged O/D on a business account, made up purely of their own charges, which was never recalled. I still have the account and still use it, despite not having paid anything into it for over 9 months. The smaller the amount, the less likely they are to recall the O/D quickly.

i also had a credit card with hsbc and mkdp were chasing me for that aswell but its not showing when i looked at my credit file, this is the first time ive ever checked it. i think my card was declined in late 2007 making it over 6 years, is that maybe the reason i cant see a default for that? thank you again guys

Yes, that would be the reason. Defaults drop off your file 6 years after they are recorded. :thumb: As defaults are always recorded AFTER you miss payments, provided you never made any payments after default or acknowledged the debt in writing (for example, by putting forward a repayment offer), it should be SBd. :grin: :grin: :grin:

[rubski]

Re: Court Claim - MKDP / HSBC - 14-8-2014

thank you FP, just one more thing, on my credit report it said change of address registered hsbc card services, i think i contacted them in feb 2008 about a change of address but by this time i had not been paying the card but still using the current account. Would this count as making contact resetting the time limit after i defaulted on the card payments?. i maybe able to get away with the credit card but im going to have to ring mkdp and try to settle out of court for the overdraft it looks like, hopefully for a reduced final settlement or if i made an out of court instalment plan would i still get a ccj? or is it to late to ask them for this? thanks again so much guys, so worried i cant sleep right now