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PLEASE HELP - Court Claim received from MKDP

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  • PLEASE HELP - Court Claim received from MKDP

    I'm hoping someone might be able to help me out here. Many years ago I got into some debt with a number of credit cards (the bulk of the debt was accrued around 2001 - 2003 when my then husband was out of work). Until around 2008 I was continuing to make minimum payments on the accounts and crippling myself financially into the bargain. Late 2007 I wrote to these cards asking for all the information they had on me. I recall that the information received from HSBC did not include the CCA and I recall writing to them at this time challenging the debt. I ceased making payments on the account at this time. The debt was subsequently passed to MKDP LLP for recovery.

    Upon checking my credit file last summer I notice that a default was recorded on my account, but not until 27 August 2011 - some 3 years after I ceased making payments.

    In the intervening period my marriage broke down and for the past year I have been travelling and have settled since August of last year in China where I now have a job teaching kindergarten where I now plan to stay for some while (although no fixed date in mind as yet). I have only recently got what I hope is now a reasonably permanent address here in China so my address has remained as my parent's address in the UK where they can receive post for me.

    I had an alarmed phone call last night from my mother as MKDP have now started legal proceedings to recover the debt originally accrued with HSBC.

    I would, of course, be extremely grateful of some advice on what I should do next.
    However I am also intrigued as the particulars of claim (picture below) state that the account number to which they refer to was assigned to me in December 2011 - close to 4 years after I ceased making payments on this debt and some 4 months after a default was recorded. Does this seem normal?

    I would be extremely grateful of any advice you can offer. One of my biggest concerns is that trying to meet any deadlines set by the courts could be difficult as on past experience post from here can take anything up to 2 - 3 weeks to reach the UK.

    Thank you so much in advance for any help at all that anyone can offer.

    Regards,

    Sue

  • #2
    Re: PLEASE HELP - Court Claim received from MKDP

    Apologies, I failed to attach the particulars of claim above. I will do that now!

    Additionally, in looking around, it would seem that my first course of action should be to acknowledge the claim online and to write to MKDP asking for the documents they refer to as well as to HSBC asking for the original CCA (which I'm fairly sure they don't have). Being based in China does complicate this a little. I could email the letters to my parents and ask them to post them which will speed things up a little, but should I give them my address in China to return documents to or is it OK to ask them to post them to my parents who can scan and send them to me. I'm keen to avoid worrying my parents any more than I have already but am anxious to avoid the 2 - 3 week delay in posting things out here. Ideas?

    I am keen to avoid a CCJ in the UK if possible in case I should decide to return at any time, but I do not own a property or any other assets there.

    Again, thanks for any help you are able to provide.

    Regards,

    Sue
    Attached Files

    Comment


    • #3
      Re: PLEASE HELP - Court Claim received from MKDP

      Hi Sue and welcome.

      it would seem that my first course of action should be to acknowledge the claim online and to write to MKDP asking for the documents they refer to as well as to HSBC asking for the original CCA
      That sounds like the right thing to do. I would include in your letters (both CCA and CPR). You can deal with the acknowledgement online at moneyclaimonline but the letters will need to be signed - you could scan the letters in and email to the claimants - The CPR request is fine to go via email. If you have already sent a CCA request I would think that is enough and I don't think you will need to send another - the CPR should bring out the agreement anyways. If your parents are okay with scanning letters in and emailing you then you can keep your contact address there to deal with it. You wouldn't be able to attend a hearing so you do need to notify the claimants and the court that you live in China. If they do come back with the right information under the CPR you can always enter an admission/part admission defence online through the MCOL system or you could contact the claimants and negotiate a repayment order by consent that keeps the court claim stayed unless you default on payments again. But to ensure they do have the right to collect the debt then the CPR request should be sent.
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      Comment


      • #4
        Re: PLEASE HELP - Court Claim received from MKDP

        I Got a similar Claim form and the Claimant is MKDP but the name on it is completely wrong where my surname is printed as first name and middle name as surname. Do i have to respond to it or shall i ignore it.The original hsbc account also shows wrong name. please help....only 2 days left to respond to the court claim.

        Comment


        • #5
          Re: PLEASE HELP - Court Claim received from MKDP

          Dillondon- you need to at the very least acknowledge the aim online. Do NOT ignore it. The errors need dealing with but should not stop you responding
          "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

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          Comment


          • #6
            Re: PLEASE HELP - Court Claim received from MKDP

            Thanks very much for your response Amethyst.

            I understood that these letters should normally be signed using a fancy font rather than my actual signature to avoid the signature being copied and pasted into documents that HSBC / the DCA don't actually have my signature on already. Has this now changed - do these letters actually need to be signed with my normal signature now??

            Thanks
            Sue

            Comment


            • #7
              Re: PLEASE HELP - Court Claim received from MKDP

              Hi, A further question. I have now acknowledged the claim and am currently drafting a letter to MKDP requesting the documents mentioned in the particulars of claim. The standard letter I have found makes reference to both the termination notice and the statement of account, but says to delete if not mentioned. These documents are not, in fact, refereed to in the PoC, but should I not request at least a statement of account - or will doing so invalidate my letter by my referring in this request (which I am stating is under CPR 31.14) to documents not mentioned by them in the PoC? Thanks, Sue

              Comment


              • #8
                Re: PLEASE HELP - Court Claim received from MKDP

                Do you know the actual date you last made payment? Sounds as if they may be in a hurry as it could be about to be Satatute Barred.

                Comment


                • #9
                  Re: PLEASE HELP - Court Claim received from MKDP

                  I *believe* that the last payment I made was in February 2008, but I certainly do not know which date in February. They made the claim in the court on Feb 24th, so I'm guessing my payment in Feb 2008 was probably on the 25th or later, but difficult for me (being in China) to find out exactly when it would have been. If I sent an SAR to HSBC to find this out would they be obliged to allow me time to receive this before I need file a defence? Clearly the 40 day time period they have to respond to such a request would be outside of the current 28 days I have to file a defence. I have the option to send post via my parents in the UK and they can also receive post and scan it for me so that will speed things up.

                  There also seems to be some confusion as to when the 6 year deadline actually starts from. Following one link I saw the act appeared to quote '6 years without payment' which would presumably start the clock on the date of my last payment but I have been told elsewhere it would be from the date of my first missed payment, which would be when I breached any agreement - which may or may not exist (hoping the letter to MKDP will provide evidence on whether they have the actual agreement!). Are you able to provide any clarity on this? Thanks in advance.

                  Comment


                  • #10
                    Re: PLEASE HELP - Court Claim received from MKDP

                    I always thought it was 6 years from the 'cause of action' - in the case of a CCA regulated debt this would normally be the expiry of a default notice i.e. the point at which the lender would be entitled to demand full payment/terminate the agreement.

                    Lenders have different strategies for issuing default notices. Some will send one after an account goes a couple of payments down, but may not terminate the account for many months. Others might wait 6 months before sending the DN, then terminate and sell the as soon as the remedy date is up.

                    It may be possible to argue that the cause of action arises before the DN expires, but I personaly wouldn't feel confident that an account was statue barred based on an earlier date that this.

                    Comment


                    • #11
                      Re: PLEASE HELP - Court Claim received from MKDP

                      Thank you Celestine and I acknowledge the claim online and send CPR request.

                      Comment

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                      SHORTCUTS


                      First Steps
                      Check dates
                      Income/Expenditure
                      Acknowledge Claim
                      CCA Request
                      CPR 31.14 Request
                      Subject Access Request Letter
                      Example Defence
                      Set Aside Application
                      Directions Questionnaire



                      If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





                      NOTE: If you receive a court claim note these dates in your calendar ...
                      Acknowledge Claim - within 14 days from Service

                      Defend Claim - within 28 days from Service (IF you acknowledged in time)

                      If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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