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

[rips]

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

hi all
after reading through i decided to make use of the template for my defense as i am not counter claiming i have inc the foot note is this ok to submit on my money claim form online


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 £1029.66 or any other sum, or relief of any kind is denied.
A counter claim would be applicable if the claimant owed me money.

as there are 2 claims i will use this for both claims ,

also i have managed to find an old letter from keynes collections dated 21st january 2014
claiming they have been instructed by mkdp llp to collect the outstanding balance in accordace with your agreement

just checked that they are the same company ? it puzzles me how mkdp can instruct one of there own company to chase the same dept is this legal or just common practice

thanks again for all your advise it has really helped me
regards rips

[Amethyst]

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

Ok I would amend it slightly (but read underneath first)

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The defendant contends the claimant is out of time for bringing this action as any debt that may have been owed, which is denied in any case, 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 Claimant's claim that he is entitled to payment of £1029.66, or any other sum, or relief of any kind is denied.
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You do not need the bit about counterclaiming.

However, I note that you have said the original default dates are April and May 2009. If they were defaulted in a timely manner in accordance with the agreement then you wouldn't be stat barred. As it is a current account overdraft the date of actual default is a little more difficult to ascertain - if there were terms on the account saying you must pay in a certain amoutn each month, or have a certain number of direct debits going out, and you breached each of those terms, then it'd be easier, if you were overdrawn and just left the account then it might be a few months before the account was considered in breach. Do you know if you did actually have overdrafts outstanding when you stopped using the accounts?

Despite that MKDP putting a new default on your account is wrong.

[rips]

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

hi amthyst to be honest that i do know that one account was company credit card i opened with hsbc for £1000 and what i spent on that i had to pay in full at the end month , the card was stopped when i didn't pay on time
the reason at the time was i paid the money due into my personal account with the hsbc thinking they would take payment from that account but it wasnt the case i rang them to explain that the money is in my personal acc but they said it had to be paid into the credit card account thats why they stopped the card , i had no contact with them after that, the dates i dont actually know for certain but must be late 2008 , my personal account i just left when my business went belly up its been that long ago re my personal acc and i have no paper trail , looking at it now there must of been an overdraft how it has come to that amount can only be the amount + interest as i dont think i had any funds in it , this all happened i pretty sure before the 2009 default and am sure its 6 yrs without payment or contact which is the basis of a s/b defense i hope that helps , am i approaching this the right way

regards rips