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Hello everyone, I will try and be as clear as I can in bringing you up to speed with where I am now!
I received a claim form from MKDP LLP on the 2/12/2013. Since receiving the form I have submitted my acknowledgement of service, sent off a CPR 31.14 and a CCA s77/78 request. To date I have had no response in my request from them.
The particulars of the claim were as follows...
The Claimant claims the sum of £xx,xxx,xx being monies due from the defendant to HSBC Ban PLC under a bank account facility regulated by the Consumer Credit Act 1974 and assigned to the claimant on the 07/10/2011. The Defendants account number was xxxxxx/xxxxxxxx. It was a term of the bank account that any debit balance would be repayable on demand. The defendant has failed to make payment as required by the statutory default notice served by HSBC Bank Plc. The claimant claims the sum of £xx,xxx,xx. The claimant has complied, as far as is necessary with the Pre-Action Conduct Direction.
So just a brief explanation I did have a bank account with HSBC with the account number the claim states, however it was a current account with no over draft facility. I also had an unsecured loan which I did get into difficulties with so HSBC turned it into a managed loan to reduce my payments and I carried on for a while until things absolutely snowballed and I had my home repossessed in 2008. I was advised to go bankrupt however and stop paying all my debts which I did and kept them all updated with regular statement of affairs showing I could not pay anything towards my debts. I never did go bankrupt as I never could afford to, however all of my creditors seem happy with updates as and when they contact me.
I need to submit my defence in the next few days but still have received nothing from MKDP LLP and I do not understand why in the particulars of the claim they are referring to a bank account facility when it was a managed loan. HSBC did eventually close the bank account as well but it did not have any overdraft or debit balance.
I was thinking of defence along the lines of this....
I am the defendant and I deny I have any such agreement with MKDP LLP
I deny I ever had a bank account facility with the debit balance claimed in the particulars of the claim
I have received no document or ant prior communication from the claimant in support of the particulars of their claim
When I received the claim I sent CPR 31.14 for a request of the agreement, default notice, notice of assignment and any other documents mentioned in the particulars of their claim. I have also sent a CCA s77/78 request to the claimant. Both requests have been received and signed for but to date I have had no reply.
Please can any give me any advice or suggestion for the defence. Eg have I missed anything out, could I word it better etc?
so sorry for the long post and thank you for reading.
I received a claim form from MKDP LLP on the 2/12/2013. Since receiving the form I have submitted my acknowledgement of service, sent off a CPR 31.14 and a CCA s77/78 request. To date I have had no response in my request from them.
The particulars of the claim were as follows...
The Claimant claims the sum of £xx,xxx,xx being monies due from the defendant to HSBC Ban PLC under a bank account facility regulated by the Consumer Credit Act 1974 and assigned to the claimant on the 07/10/2011. The Defendants account number was xxxxxx/xxxxxxxx. It was a term of the bank account that any debit balance would be repayable on demand. The defendant has failed to make payment as required by the statutory default notice served by HSBC Bank Plc. The claimant claims the sum of £xx,xxx,xx. The claimant has complied, as far as is necessary with the Pre-Action Conduct Direction.
So just a brief explanation I did have a bank account with HSBC with the account number the claim states, however it was a current account with no over draft facility. I also had an unsecured loan which I did get into difficulties with so HSBC turned it into a managed loan to reduce my payments and I carried on for a while until things absolutely snowballed and I had my home repossessed in 2008. I was advised to go bankrupt however and stop paying all my debts which I did and kept them all updated with regular statement of affairs showing I could not pay anything towards my debts. I never did go bankrupt as I never could afford to, however all of my creditors seem happy with updates as and when they contact me.
I need to submit my defence in the next few days but still have received nothing from MKDP LLP and I do not understand why in the particulars of the claim they are referring to a bank account facility when it was a managed loan. HSBC did eventually close the bank account as well but it did not have any overdraft or debit balance.
I was thinking of defence along the lines of this....
I am the defendant and I deny I have any such agreement with MKDP LLP
I deny I ever had a bank account facility with the debit balance claimed in the particulars of the claim
I have received no document or ant prior communication from the claimant in support of the particulars of their claim
When I received the claim I sent CPR 31.14 for a request of the agreement, default notice, notice of assignment and any other documents mentioned in the particulars of their claim. I have also sent a CCA s77/78 request to the claimant. Both requests have been received and signed for but to date I have had no reply.
Please can any give me any advice or suggestion for the defence. Eg have I missed anything out, could I word it better etc?
so sorry for the long post and thank you for reading.
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