MKDP (HSBC) V peteandanthea

[peteandanthea]

Hello, First post here and just wanted to say what a fantastic resource and help this site has been to me so THANK YOU !. I now turn to you for some further advice please !

Claim form received on 9/4/14.

"The claimant claims the sum of £4,128.08 p being monies due from the defendant to the claimant under a regulated agreement between the defendant and HSBC Bank PLC. The defendants account number was xxxxxx and was assigned to the claimant on 8/12/11, 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 £4,128.08p and costs. The claimant has complied, as far as is necessary with the pre action conduct practice direction. "

So far ive acknowledged the claim, sent off a CCA letter and a CPR letter.

Ill put the response in my next post !

Thanks

Pete

[peteandanthea]

Re: MKDP (HSBC) V peteandanthea

Hi again,

Received a response today dated (23/4/14)

" We write with reference to your recent request for the documents relating to the claim above. Unfortunately at this time we are unable to for-fill your request. MKDP LLP takes great care to insure that such matters are dealt with in a professional manor and as such we will need to liaise with the original creditor to request the appropriate documents. We will forward these upon receipt, please note that this may take up to 8 weeks. We can confirm we will not make any applications or seek to enter judgement during this time.

In the meantime should you require more information in this matter, please do not hesitate to contact us on ......."

So with this being the case im not sure where to go now.

The background is I did have a account with HSBC at a old address, but honestly don't remember this being in default. I also be-leave that this was over 6 years ago but not sure. I've checked y credit file and only record on there is when they got the debt in 2011 with nothing from HSBC showing.

Your advice is greatly welcomed !

[flintstonefreddie]

Re: MKDP (HSBC) V peteandanthea

hello i am new here but just to let you know i got exactly the same letter from them today following my CPR request to MKPD:tinysmile_aha_t: they started proceedings against me on the 20/03/14. i acknowledged and then filed a defence. i got some guidance earlier on the site which said i could have filed a N244 form to force them to disclose and seek an extension on the deadline for my defence, if they cant complie by certain dates the case can be stayed or struck out. double check all this as i am new here but keep the faith and good luck

[FlamingParrot]

Re: MKDP (HSBC) V peteandanthea

So with this being the case im not sure where to go now.

The background is I did have a account with HSBC at a old address, but honestly don't remember this being in default. I also be-leave that this was over 6 years ago but not sure. I've checked y credit file and only record on there is when they got the debt in 2011 with nothing from HSBC showing.

Your advice is greatly welcomed !

When you say you had an ACCOUNT, do you mean a current account? The particulars of claim posted above mention a REGULATED agreement. Did you have a loan or credit card? HSBC often amalgamate 2 or more accounts, such as a loan and an overdraft. The PoC also state that notice of the assignment was provided to you in 2011, did you receive such a letter?

If you haven't had any dealings with HSBC in 6 years, then whatever account it was, would be statute barred, which is an absolute defence, and it would be up to the claimant to PROVE it isn't. Even if they provided you with the documents, neither the CCA nor the NoA would show the last payment dates. The DN would, in theory, have been issued a couple of months or so after defaulting, however, that wouldn't prove no payments were made afterwards.

You could submit a part 18 request for further information.

[mysticphoenix666]

Re: MKDP (HSBC) V peteandanthea

I myself have had a court claim from MKPD for HSBC loan that was bought at the same time.

Don't want to step on anyone's toes but i have been to court with mine today after receiving some fantastic help from this site, my thread is near the top of the list if you wanted to have a gander to see what happened as it sounds similar to what is happening to you now.

But do listen and use the advice from those on the forum as it has helped me immensely and my claim has just been struck out by the judge.