STRUCK OUT !!! MKDP LLP (HSBC) Northampton CBCC Claim

[eskimo1610]

Hello everyone,
Im very new here,ive spent the past day reading the forum and I cant find an answer to my exact problem of a debt that never existed so I hope someone can help!


On the 26th March a claim form from Northampton cbcc dropped on my door step compleatly out the blue claiming I owed a debt to MKDP formally owed to HSBC. Needles to say I have never heard of MKDP,they have never contacted me so I researched it, of course one search of the company name and it seems they love chasing statue barred debts,dont follow protocols but then seem to dropmcases when people fight back?


Heres my background: in January 2008 I had a nervous breakdown,I was self employed at the time and encured some debts,all of which have been cleared more than 4 years ago. As for HSBC I had 2 business accounts and a credit card, I know my credit card had a £0 balance and no overdraft on any of the accounts,I had disputes with them over bank charges but I know I couldnt go overdrawn,it was decided before coming out of hospital in February 2008 that I would close both my businesses and move to another area so I closed all my bank accounts and never heard anything else.


Now over 6 years later here we are,I do believe even if a debt was owed it would be considered statue barred, I've never received any letters,phone calls etc and ive lived back at my original address for more than 4 years. I dont have any paperwork from this time purely as it was over 6 years ago.


Obviously MKDP haven't followed any protocol and apparently bought a debt that dosent exist. After checking my credit file today it says mkdp registered a default in august 2008,they didnt have a credit licence at this time but claim on the claim form they purchased the debt in dec 2011.They claim they purchased a lot of debts on 08/12/2011 ive noticed!


I sent the acknowledgement of service back immediately and it was received the 27th March, unfortunately I'm seriously ill and havnt been able to get to any technology until today to look what to do, I've seen the 3 letter thing,im not sure if it applies to me, I was going to send a cpr 31-14 request as I have until the 22nd to file my defence.


My questions are:


●Can I just sent the cpr request and then fill in my defence next tuesday when they most likely dont reply or can I do more before hand.
●When I file my defence what do I mention,the fact I dont awknowledge any debt existing? Do I mention that mkdp havnt followed protocol.
●A lot of others I've seen have made counter claims against mkdp and sarah lampert, should I do this? If so for how much and what reason can I give.


I'm sorry i need such major help with this but im running out of time and the nature of my illness is very serious so I cant spend long on this, I do intend on defending this all the way as I know it dosent exist and want it striking out when it can be!


Thank you in advance for any help offered at all!

[EXC]

Re: MKDP LLP (HSBC) Northampton CBCC Claim- Urgent help needed please!

Hang on, I've flagged this up for someone to have a look a bit later on this morning.

[ncf355]

Re: MKDP LLP (HSBC) Northampton CBCC Claim- Urgent help needed please!

Hi,

Don't feel the need to apologise, we'll do what we can to assist you

Very sad to see you posting at 0330am about his when you are ill - also sorry to hear about the illness



So,

it would appear your main defence to this is going to be that it is statute barred

This should be pretty straight forward if, as you say, you have had no contact re the HSBC 'debt' in over 6 years

It would certainly be worth placing a CPR 31.14 / CPR 18 request for further information, but it would appear you are quite short of time here as you acknowledged 27th March, so I'd imagine the 28 days would technically start from that point, giving you until 24th April to get the defence in.

I would be inclined to send a CPR 31.14, giving them 7 days to comply

If you take the CPR 31.14 request template and adjust to your circumstances, then post here (minus personal details of course!) so we can advise prior to sending it?

I'd aim to send that off today if you possibly can, via rooyal mail special delivery so there can be no dispute that its been received by tomorrow

That would the mean you have to receive a response by next Thursday at the latest, giving you almost a week to consider their response and file a Defence

[ncf355]

Re: MKDP LLP (HSBC) Northampton CBCC Claim- Urgent help needed please!

Also,

would you be able to scan and post the claim form you were sent, minus any identifying data such as name/address/claim number etc - that way we know what to deal with?

[FlamingParrot]

Re: MKDP LLP (HSBC) Northampton CBCC Claim- Urgent help needed please!

On the 26th March a claim form from Northampton cbcc dropped on my door step compleatly out the blue claiming I owed a debt to MKDP formally owed to HSBC. Needles to say I have never heard of MKDP,they have never contacted me so I researched it, of course one search of the company name and it seems they love chasing statue barred debts,dont follow protocols but then seem to dropmcases when people fight back?

I sent the acknowledgement of service back immediately and it was received the 27th March, unfortunately I'm seriously ill and havnt been able to get to any technology until today to look what to do, I've seen the 3 letter thing,im not sure if it applies to me, I was going to send a cpr 31-14 request as I have until the 22nd to file my defence.

I think I know which 3 letters you are referring to, if you haven't sent them, please please do not send them now! :nono:

They wouldn't apply to you or any case that's already gone to court.

[FlamingParrot]

Re: MKDP LLP (HSBC) Northampton CBCC Claim- Urgent help needed please!

Heres my background: in January 2008 I had a nervous breakdown,I was self employed at the time and encured some debts,all of which have been cleared more than 4 years ago. As for HSBC I had 2 business accounts and a credit card, I know my credit card had a £0 balance and no overdraft on any of the accounts,I had disputes with them over bank charges but I know I couldnt go overdrawn,it was decided before coming out of hospital in February 2008 that I would close both my businesses and move to another area so I closed all my bank accounts and never heard anything else.

Now over 6 years later here we are,I do believe even if a debt was owed it would be considered statue barred, I've never received any letters,phone calls etc and ive lived back at my original address for more than 4 years. I dont have any paperwork from this time purely as it was over 6 years ago.

●Can I just sent the cpr request and then fill in my defence next tuesday when they most likely dont reply or can I do more before hand.

In addition to the CPR 31.14 request you also send a CCA request and a Part 18 request for further information.

●When I file my defence what do I mention,the fact I dont awknowledge any debt existing? Do I mention that mkdp havnt followed protocol.

You're not filing it yet, we need to find out whether this debt existed and is now SBd which is not quite the same as if it never existed or it had been paid off.

●A lot of others I've seen have made counter claims against mkdp and sarah lampert, should I do this? If so for how much and what reason can I give.

I shouldn't think so, every case is different, you would only counter claim if the creditor owed you money, which doesn't sound like it's the case here.

[Amethyst]

Re: MKDP LLP (HSBC) Northampton CBCC Claim- Urgent help needed please!

Just picking up on the CRA point

'' After checking my credit file today it says mkdp registered a default in august 2008,they didnt have a credit licence at this time but claim on the claim form they purchased the debt in dec 2011.They claim they purchased a lot of debts on 08/12/2011 ive noticed!''

I asked very breifly @ASkJames of Experian on Twitter - His response ''Default date must be accurate & defaults can't be resurrected. Pls send details: experiantwitter@experian.com" His name is James Jones.

So you might want to do that if you have a spare few minutes.

Additonally it seems MKDP do this kind of thing a lot - example http://www.consumeractiongroup.co.uk...hing-removed**

[eskimo1610]

Re: MKDP LLP (HSBC) Northampton CBCC Claim- Urgent help needed please!

Hello everyone,firstly thank you fr your help so far it's very good to know there are things i can do.I've attached a copy of the claim form with personal details blocked out, particulars are identical to almost every other MKDP I've seen.So as of right now am i right in saying i'm filling out and sending a:

• CPR 13-14 request
• CCA request
• Part 18 request for further information

If these are all ok to do,i have the templates for them all so i can fill them in,can they be put in the same envelope? I'd rather send the letter/s Special delivery but would rather spend £6 than spend £18 on sending them!Amethyst- Thank you for that info i will be contacting James ASAP!

[Amethyst]

Re: MKDP LLP (HSBC) Northampton CBCC Claim- Urgent help needed please!

That's ok, hope he can help you with that side of it.

So this is a claim for the overdraft that you had - that you thought you closed at a zero balance ? Your account didn't have an overdraft facility on it. Could you have incurred an unpaid transaction fee that hadn't come off the account when you closed it that may have built up ?

The CCA request under s77/78 won't apply as this is an overdraft on a bank account.

The statement of case is quite vague, I'd just sent the CPR request, asking for the default notice, assignment, and bank account terms that state the balance was repayable on demand. The Part 18 I guess would be evidence how the balance is made up - although they will just say they purchased the account at that balance so I'm not sure that is worthwhile, although I do think a request to HSBC should be made on the account for all transactions - simplest way to do this is with a Subject Access Request - however they do have 40 days to comply with this.Just thinking out loud really there.

Do you recognise the account number ?

[eskimo1610]

Re: MKDP LLP (HSBC) Northampton CBCC Claim- Urgent help needed please!

I don't know the account number,i only held the accounts for 5 months so there was very little paper work from them. I rang them up to start the accounts and never went in to any HSBC branch so i know i never signed any agreements. I know there has been no paperwork/correspondence sent to me at either my current address or the address i went to for.

I'm not sure what they're claiming for, i didn't have any overdrafts so fail to see how they can claim i owe anything to HSBC?


Surely if i'd had charges on the account(s) or they thought i'd owed something they would have said something before now, i'm baffled as to why MKDP are chasing 6+ year old debts where they've never contacted people,debts don't exist like mine etc do they not know they will get caught out having spent £60 in court costs?

So if i send the CPR request to them tomorrow via special delivery when do i need to file my defense? baring in mind the claim was dated the 20th March? I think it's obvious they're not going to get back to me within 7 days so i need to know what to do/say next!

Again thank you very much for your help i really appreciate it!

[Amethyst]

Re: MKDP LLP (HSBC) Northampton CBCC Claim- Urgent help needed please!

Well if that is the case I think you just put that as your defence and dispense with the CPR requests. I think you just need to get the main points over and let the court order any further information. Just be honest and don't have to be too wordy or technical. Something like.......

-------------------------------------------------------------------------------------------------------------------------
The defendant admits he held a current account with HSBC which was opened in/around XXXXXX 2007. The defendant does not recognise the account number given in the claim.

The account was a basic bank account and there was no overdraft facility available. The defendant closed the account in February 2008 and there was no debt owed. In addition, the defendant contends the claimant is out of time for bringing this action as any debt that may have been owed, which is denied, is statute barred pursuant to the provisions of Section 5 of the Limitation Act 1980. Over 6 years have elapsed since any cause of action may have occured.

The defendant has never received any letters or paperwork from the claimant regarding this debt prior to receipt of this county court claim.

The Claimant's claim that he is entitled to payment of £xxxxx, or any other sum, or relief of any kind is denied.

------------------------------------------------------------------------------------------------------------------------------------

[eskimo1610]

Re: MKDP LLP (HSBC) Northampton CBCC Claim- Urgent help needed please!

That's Great, can i complain to anyone or mention it in my case about this MKDP not following 'Pre- action Protocol' ? They don't seem to have done in ANY case I've seen, it just feel totally wrong that i can just receive that one day with no mention of any debt in 6 years.

My only worry is that HSBC were doing something dirty behind my back later in 2008 before MKDP purchased and registered the default in 2008 but the question is would HSBC still hold any form of documents? baring in mind i didn't sign anything etc. Basically they knew i had suffered a nervous breakdown and was heavily medicated well in to 2009.

I'd still like to send the cpr request for the simple reason that i want to see whey they cant come up with,the documents that don't exist for this case.

I would just like to mention that the credit card i held for one of the business accounts was still active in 2011,it was always never in debit. This credit card appears nowhere on my credit file but i do have credit card statements up until 2011 given to me today by an ex partner. I wonder why didn't HSBC contact me if they believed i owed them a large debt knowing i had another product with them?


Am i right in saying that if the case was opened on the 20th March, i have until this weekend (possibly the 21st) to file my defense?

I've attached my CPR request, i'd be grateful if someone would give me their opinion on it.

Many thanks.

[eskimo1610]

Re: MKDP LLP (HSBC) Northampton CBCC Claim- Urgent help needed please!

Some what of a development tonight and i need further advice,after talking to my ex he knew the last few digits of my account number(hes used them as a password,silly boy!) my account number ended in 3090. This information matches the HSBC Account/default on my credit file and the amount that's being claimed of £1486.77.

However on the claim form they have has a completely different account number/sort code that dosent belong to me ending in 4904!

As they have issued a claim for an account that dosent exist/dosent belong to me,what do i now do? How does this change my defense? Surely there's no claim, do they not read their own/HSBC's defaults before sending claims?

Could this be classed as some kind of fraud,as it's a made up ac number and could i have it struck out in any way with my defense?



I've attached screen shots of pieces of both my credit file and part of the claim form in case I've confused anyone!

Many thanks for the tenth time.

[Amethyst]

Re: MKDP LLP (HSBC) Northampton CBCC Claim- Urgent help needed please!

40 28 06, LEICESTER CLOCK TOWER 2-6 Gallowtree, LE1 1DA,

Is that bit right for your branch.

It's a bit weird your ex knowing your bank ac number so intimately lol. Was it a joint account or did he use it whilst you were out of action ?

In the defence example I did put ' I do not recognise the account number ' so that covers that bit and can be expanded upon if they continue with the claim.

[eskimo1610]

Re: MKDP LLP (HSBC) Northampton CBCC Claim- Urgent help needed please!

He was my carer while i was very ill so yes he knew all the details,we were together for 10+ years so he was very trusted.

The sort code is right for the central city branch yes,the only time i ever actually went in there was to pick up my cash cards(not debit cards as HSBC never gave me those)

Like I've said the amount matches the original default but the account number is the completely wrong part, can this be used against them?

So what do i do now? I'm confused as to my defense now i know they have the wrong details.