help i got 2 nbcc papers both from MKDP today re hsbc acc

[rips]

but talk about an avalanche i returned home from a couple of week away to my parents to find 2 yes 2 northampton cc papers
from MKDP LLP SARAH LAMBERT if am not already stressed over my last ongoing one this has hit me hard
the 2 claims are for hsbc i know this as i have had a letter sometime ago from keynes and someone else , its been over 6 years since i have had any communication or even paid anything to hsbc so i thought it was s/b , no excuse i know but i have absolutely no means to pay theses amounts uploaded the papers

no2


confused by the dates i checked my credit file and to my amazement i found MKDP have put a default on both acc 17.3.2014
looking down the original default was 16.4.2009
second acc MKDP put a new default date 17.3.2014
original default date12.5.2009 see a copy of report below as this has me stumped as to how they can do this or why
as i have had no papers relating to hsbc the account no is different to the ones on my credit file
Other accounts
LENDER
BALANCE
UPDATED
STATUS
Mkdp Llp
£ 1,686
17/03/2014
Default

Name
xxxxxxxxxxxxxxxxxxxxxxxx
Address
xxxxxxxxxxxxxxxxxxxxxxxx
Date of birth
xxxxxxxxxxx
Account type
Current Account
Account number
******4190 0
Account start date
03/12/2007
Opening balance
£ 1,611
Repayment frequency
Monthly
Date of default
16/04/2009
Default balance
£ 1,611
.................................................. .................................................. .
dept 2
Mkdp Llp
£ 1,094
17/03/2014
Default

Name
xxxxxxxxxxxxxxxx
Address
xxxxxxxxxxxxxxxx
Date of birth
xxxxxxxxxxxxxxxx
Account type
Current Account
Account number
******7663 0
Account start date
19/06/2007
Opening balance
£ 1,029
Repayment frequency
Monthly
Date of default
12/05/2009
Default balance
£ 1,029
Status history
Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec
2014 D DF D DF D DF

Balance history
i would really appreciate any advise as to were i stand, do i go down the s/b route as i havnt made any payments or contact with hsbc for over 6 yrs or do i go and start the 3 letter process right away
i have acknowledged both claims today to defend both claims thank you for any help.

[wales01man]

Re: help i got 2 nbcc papers both from MKDP today re hsbc acc

Whats the 3 Letter process?

[rips]

Re: help i got 2 nbcc papers both from MKDP today re hsbc acc

hi wales 01 i done a simular thing on my last prob after reading endlessly how ever it did not work i heard nothing
http://www.ehow.co.uk/how_7641653_re...n-letters.html


but this problem as hit me for 6 , so could do with a bit of advice or how to go about my defense for Northampton court
do i just use the statue barred and ask MKDP to prove the dept , ive also read that a dept can not be defaulted twice

[wales01man]

Re: help i got 2 nbcc papers both from MKDP today re hsbc acc

Plenty of help on here when those who can help are online be patient don't think 3 letters will stop any Court action but their are other ways to defend that do work.

[FlamingParrot]

Re: help i got 2 nbcc papers both from MKDP today re hsbc acc

but talk about an avalanche i returned home from a couple of week away to my parents to find 2 yes 2 northampton cc papers
from MKDP LLP SARAH LAMBERT if am not already stressed over my last ongoing one this has hit me hard
the 2 claims are for hsbc i know this as i have had a letter sometime ago from keynes and someone else , its been over 6 years since i have had any communication or even paid anything to hsbc so i thought it was s/b , no excuse i know but i have absolutely no means to pay theses amounts uploaded the papers

If there hasn't been any payments or acknowledgment in 6 years, it would be SBd and there's no better excuse than that not to pay! :thumb:

no2

You need to acknowledge service of those claims a.s.a.p., TONIGHT IT POSSIBLE (you can do it online on the MCOL site) to avoid default judgment stating your intention to defend in full for now.

[FlamingParrot]

Re: help i got 2 nbcc papers both from MKDP today re hsbc acc

confused by the dates i checked my credit file and to my amazement i found MKDP have put a default on both acc 17.3.2014
looking down the original default was 16.4.2009
second acc MKDP put a new default date 17.3.2014
original default date12.5.2009 see a copy of report below as this has me stumped as to how they can do this or why
as i have had no papers relating to hsbc the account no is different to the ones on my credit file

We'll worry about your credit file later, for now, you need to deal with the claims. Apologies for 'shouting' above but the deadline for acknowledgment is 14 days from the date of service, which is calculated as 5 days after the date on the claim, I make it today!

Your credit file is no indication of whether an account is SBd or not.

[FlamingParrot]

Re: help i got 2 nbcc papers both from MKDP today re hsbc acc

Plenty of help on here when those who can help are online be patient don't think 3 letters will stop any Court action but their are other ways to defend that do work.

If we are talking *THE* 3 letters, then no, they won't, but a SBd defence is an absolute defence. :grin:

but this problem as hit me for 6 , so could do with a bit of advice or how to go about my defense for Northampton court
do i just use the statue barred and ask MKDP to prove the dept ,

If you submit a SBd defence, they'll have to prove it's not, but you still have another couple of weeks to do that, for now just acknowledge and state your intention to defend in full (as opposed to submitting a defence).

ive also read that a dept can not be defaulted twice

That's correct, if it has, the duplicate entry should be removed.

[rips]

Re: help i got 2 nbcc papers both from MKDP today re hsbc acc

thank you guys for your advise
and flaming parrot for the heads up yes all have been acknowledged on line , how do i start a s/b defense do i have to treat both claims separate or combine the 2 and do i contact this dept collection agency re s/b
thank you in advance

[FlamingParrot]

Re: help i got 2 nbcc papers both from MKDP today re hsbc acc

thank you guys for your advise
and flaming parrot for the heads up yes all have been acknowledged on line

how do i start a s/b defense

Below is a basic SBd defence:

The claimant’s claim was issued on the 14th of March 2014.

The Claimant's defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of Section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

The Claimant's claim to be entitled to payment of [£xxxx.xx] or any other sum, or relief of any kind is denied.

do i have to treat both claims separate or combine the 2

They have to be dealt with separately. Are both debts SBd?

and do i contact this dept collection agency re s/b
thank you in advance

No, you'd just submit your SBd defence to the court and the court will send a copy to the claimant. The claimant should respond to the court in 28 days saying whether they wish to continue with the claim - the court will notify you when they do.

[rips]

Re: help i got 2 nbcc papers both from MKDP today re hsbc acc

thank you flaming parrot :tinysmile_twink_t2:

[rips]

Re: help i got 2 nbcc papers both from MKDP today re hsbc acc

hi all going to defend these 2 claims under statue barred , but do i counter claim as on the money claim site i have to pay a fee of £60.00
as the claim is for £1094.66
i also for £1686.91 @ another fee of £60.

can anyone advise what fees or sum can i counter claim for or do i just defend without counter claiming
also mkdp have that second default on my account so i have 2 defaults how do i get mkdps removed
please see documentation post 1
thanks for any advice cheers rips

[Amethyst]

Re: help i got 2 nbcc papers both from MKDP today re hsbc acc

What would you be counterclaiming for? Counterclaiming would only be used if you have a claim against the claimant at the same time they are claiming against you - ie so if you feel they owe you money for something.

[Amethyst]

Re: help i got 2 nbcc papers both from MKDP today re hsbc acc

Also I'd suggest posting your intended defence up here before submission. If you follow the example from FP check the first line.

[FlamingParrot]

Re: help i got 2 nbcc papers both from MKDP today re hsbc acc

hi all going to defend these 2 claims under statue barred , but do i counter claim as on the money claim site i have to pay a fee of £60.00
as the claim is for £1094.66
i also for £1686.91 @ another fee of £60.

can anyone advise what fees or sum can i counter claim for or do i just defend without counter claiming

Why would you want to counter claim? If your debt is SBd, all you have to do is say that in your defence. A counter claim would be applicable if the claimant owed you money.

also mkdp have that second default on my account so i have 2 defaults how do i get mkdps removed
please see documentation post 1
thanks for any advice cheers rips

On post 1, it looks like the new date refers to the assignment, the default is dated 2009 so it should drop off next year.

[rips]

Re: help i got 2 nbcc papers both from MKDP today re hsbc acc

thank you for clearing a few concerns up , the defense on the money claim site did confuse me with this counter claim ,
i can start my defense with out the counter claim bit and i will post before i submit so you can have a look ,
a big thanks again rips