MKDP LLP Claim for HSBC Credit Card sent via Northampton (CCBC) County Court

[RobSmith]

Hi hi,

I have been reading various threads and have learnt lots in the past few days. Thank you to all the contributors and administrators!

I am looking for some help regarding next steps in relation to the above claim. Due to some issues personally, I haven't been quick to respond, but I have now ensured that this is my priority over the coming weeks and months. Thank you in advance for your time and energy. Here are the details of the claim:

Name of Claimant:
MKDP LLP

Issue Date:
20 MAR 2014

Particulars of Claim:
The Claimant claims the sum of 5xx.xx being monies due from the Defendant to the Claimant under a regulated agreement originally between the Defendant and HSBC Bank Plc.

The Defendant's account number was 54xx xxxx xxxx xxxx and was assigned to the Claimant on xx/1x/2011, notice of this has been provided to the Defendant. The Defendant has failed to make payments in accordance with the terms of the agreement and a default notice has been served pursuant to the Consumer Credit Act 1974.

The Claimant claims the sum of 5xx.xx and costs.

The Claimant has complied, as far as is necessary, with the pre-action conduct practice direction.

Action I have taken already:
I have filed the AoS on the moneyclaim.gov.uk website on 07 April 2014, stating that, "I intend to defend all of this claim"

Additional details:
This is for a credit card account, which was opened in the second half of 2007. I was forced to stop making payments at some point in 2009 due to losing my income because of the financial crisis. I started getting into difficulties towards the end of 2008 but continued making payments until the middle of 2009 before I ran out of savings. I am not sure of exact dates, but will go through my records shortly.

The amount that is being claimed by MKDP is in the high 500s; with the court fee added, this becomes near £650.

I do not recall receiving a Notice of Assignment, Default Notice (from the original creditor), or statutory Notice of Default Sums, but I am not 100% sure on this. In any case, any documents were not sent by registered post.

I have not acknowledged or made any further payments since I stopped making payments to HSBC sometime in the middle of 2009.

I am sorry that I cannot be more specific on dates, but this was a few years ago and the associated documents have been misplaced. However I can and do intend to dig them up ASAP.

I know I have delayed responding to this claim; sorry. This was due to some personal issues. Going forward, I will ensure that dealing with this is my priority. I hope that I have enough time to file a proper defence.

I would be grateful to receive advice on what I should do next.

Thank you,
RobSmith

[Amethyst]

Re: MKDP LLP Claim for HSBC Credit Card sent via Northampton (CCBC) County Court

Thank you for your comprehensive first post, helpful and welcome to the forum xx

Good to hear you have acknowledged the claim.

Next thing to do is to send a CPR 31.14 request to the solicitors bringing the claim and a CCA request to the claimant (who own the debt).



CPR 31.14 Request Info


CCA Request Letters


If they come up with the documents then on an amount of that size that there is no major dispute on you may need to be making an offer to pay, or negotiating a settlement out of court, but you should make them come up with the documents and evidence they have the right to claim the debt from you firstly.

[RobSmith]

Re: MKDP LLP Claim for HSBC Credit Card sent via Northampton (CCBC) County Court

Thank you Amethyst! x

CPR 31.14 and CCA requests are going first thing tomorrow (Wednesday, April 9, 2014) morning to be received by Thursday 10th April.

I have 2 small questions:

1. With the CPR 31.14, I am a little confused as to when their 7 days will be up? On the 16th, 17th or 18th of April? Thanks.
I ask as I might need to follow up with a N244 before the deadline for my defense. As the weekend of the 19th of April is a 4-day-long Easter weekend, this might be challenging if things need to be sent by post.


2. According to my calculations, as the issue date was 20 March 2014, the deadline for my defense is, 5+14+14 = the 21st of April, which is a bank holiday so I can't post anything then! Have I calculated this deadline correctly?


Thanks again )

[Amethyst]

Re: MKDP LLP Claim for HSBC Credit Card sent via Northampton (CCBC) County Court

My maths is terrible - I use http://www.timeanddate.com/date/duration.html as the 28+5 days includes weekends. If you do it just before the bank oliday that willprobably be better, but I suspect you will be asking for an extension agreement from the claimants anyway when they don't comply with about 7 days to go until your defence is due.

Most things can now be submitted by email as well, which helps.

[RobSmith]

Re: MKDP LLP Claim for HSBC Credit Card sent via Northampton (CCBC) County Court

Thank you Amethyst. Just one more thing.. who do I address the letters to, MKDP LLP, who are "The Claimant", or to Sarah Lambert? It is signed by a Sarah Lambert, well not an actual signature just the name typed in a standard PC font next to where it says "signed" at the bottom left of the Claim Form. Thanks again

[Amethyst]

Re: MKDP LLP Claim for HSBC Credit Card sent via Northampton (CCBC) County Court

Is MKDP the claimant and solicitor on your claim form ?

If so then address the CPR request to Sarah Lambert MKDP, and the CCA to MKDP as creditor.

[RobSmith]

Re: MKDP LLP Claim for HSBC Credit Card sent via Northampton (CCBC) County Court

On the claim form, the Claimant is MKDP LLP. And under "Address for sending documents and payments" it lists MKDP LLPs address. There is no mention of a solicitor. So am I right in concluding that the claimant and the solicitor are both MKDP?

The CPR letter went a couple days ago. With regards to the CCA request, should I be sending this as well? The CCA request would also go to MKDP, but I have already asked for the agreement under the CPR so is there any point? Also, I feel that sending that CCA request could imply that I am acknowledging the debt, resetting the SB clock. Do you think I should send the CCA request too?

Thanks!! x

[FlamingParrot]

Re: MKDP LLP Claim for HSBC Credit Card sent via Northampton (CCBC) County Court

The CPR letter went a couple days ago. With regards to the CCA request, should I be sending this as well?

YES! :thumb:

The CCA request would also go to MKDP, but I have already asked for the agreement under the CPR so is there any point?

Yes, because failure to comply with a request under s.78 of the CCA can be used in your defence. :thumb:

Also, I feel that sending that CCA request could imply that I am acknowledging the debt, resetting the SB clock. Do you think I should send the CCA request too?

Thanks!! x

No, a CCA request shouldn't acknowledge the debt and reset the clock, however, in this case, this fact is immaterial, since they have issued proceedings before it became SBd, the clock has stopped.

[RobSmith]

Re: MKDP LLP Claim for HSBC Credit Card sent via Northampton (CCBC) County Court

YES! :thumb:

Yes, because failure to comply with a request under s.78 of the CCA can be used in your defence. :thumb:

No, a CCA request shouldn't acknowledge the debt and reset the clock, however, in this case, this fact is immaterial, since they have issued proceedings before it became SBd, the clock has stopped.

Thanks FlamingParrot. The CCA request is going out today in that case. Should I add "I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY" as the first line of the CCA request just to be on the safe side?!?

Thank again

[FlamingParrot]

Re: MKDP LLP Claim for HSBC Credit Card sent via Northampton (CCBC) County Court

Thanks FlamingParrot. The CCA request is going out today in that case. Should I add "I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY" as the first line of the CCA request just to be on the safe side?!?

Thank again

I wouldn't! :nono: Certainly not at this stage. As I posted above, since they have issued a claim, the clock has stopped, so adding such a line would achieve nothing. On the other hand, should your request letter end up in front of a judge as part of a bundle, having that line written there wouldn't do you any favours, it would only make you look like a debt avoider.

[RobSmith]

Re: MKDP LLP Claim for HSBC Credit Card sent via Northampton (CCBC) County Court

Thanks again, I take your learned advice!