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Hi Guys,
I'm hoping some of you may be able to help me out here...
I have a CCJ registered against me, by the lovely people at MKDP LLP - this debt relates to an old overdraft with HSBC, that I defaulted on in 2007 - Out of the blue, last year, I got court papers on behalf of MKDP - For one reason and another, I ended up with the CCJ registered against me.
Today, I have been in front of a judge, trying to get this set-aside, it's a bit of a long story, but top line is, I believe that they purposely gave me misleading information, and somewhat led me into completing paperwork to get the CCJ registered.
Much to my suprise, they actually sent a representative to defend the claim. (it's only for £1K). I didn't manage to get it set aside, but only on the basis that the judge could not make a discretionary decision in this case - I had plenty evidence to substantiate my claim, including SAR documents and I don't think they MKDP were expecting that - the judge refused to award their costs, so at least i've cost them £130 today!
I was wondering if anyone knows much about PRE PROTOCOL ACTION in terms of issuing court proceedings for this kind of debt? I know such protocol action exists for mortgage debt, personal injury etc, but I can't seem to find much information online - is there a set of rules that a company such as the lovely MKDP MUST follow before issuing court proceedings?
I'm not leaving it at this, and it's now more of a matter of principle than anything. So if anyone has had a similar experience, or could offer some guidance then feel free to comment!
Thanks in advance... M
I'm hoping some of you may be able to help me out here...
I have a CCJ registered against me, by the lovely people at MKDP LLP - this debt relates to an old overdraft with HSBC, that I defaulted on in 2007 - Out of the blue, last year, I got court papers on behalf of MKDP - For one reason and another, I ended up with the CCJ registered against me.
Today, I have been in front of a judge, trying to get this set-aside, it's a bit of a long story, but top line is, I believe that they purposely gave me misleading information, and somewhat led me into completing paperwork to get the CCJ registered.
Much to my suprise, they actually sent a representative to defend the claim. (it's only for £1K). I didn't manage to get it set aside, but only on the basis that the judge could not make a discretionary decision in this case - I had plenty evidence to substantiate my claim, including SAR documents and I don't think they MKDP were expecting that - the judge refused to award their costs, so at least i've cost them £130 today!
I was wondering if anyone knows much about PRE PROTOCOL ACTION in terms of issuing court proceedings for this kind of debt? I know such protocol action exists for mortgage debt, personal injury etc, but I can't seem to find much information online - is there a set of rules that a company such as the lovely MKDP MUST follow before issuing court proceedings?
I'm not leaving it at this, and it's now more of a matter of principle than anything. So if anyone has had a similar experience, or could offer some guidance then feel free to comment!
Thanks in advance... M
