Court Claim - MDKP / HSBC - 1-5-2014

**FlamingParrot** · 18th August 2014, 13:21:PM

Re: Court Claim - MDKP / HSBC - 1-5-2014

Hi and welcome

In addition to the call, have you received anything at all in the post? If they have really issued a claim, it will come in the post.

What does the issue date you posted above refer to?

if they have obtained default judgment you'd have received a notification.

I'd suggest checking the public record to see if there really is a CCJ against you: http://www.trustonline.org.uk/search-yourself. :typing:

**skilganon** · 18th August 2014, 13:22:PM

Re: Court Claim - MDKP / HSBC - 1-5-2014

Originally posted by jonnyr1986 View Post

Received a claim? Yes
Issue Date: 1-5-2014
Amount approx: £5500
Claimant: MDKP
Solicitor:
Original Credit: HSBC

Particulars of Claim:
an old account/credit card.

Stat Barred? No

Have sent:

Other Info:
I today received a phone call at work from MDKP to advise me that an old debt has now been actioned with a CCJ against me and i need to pay the debt. First of all this is the first i have heard about this debt for a few years. The debt is going back over 10 years now! I moved house 2 years ago so have receieved no correspondance or anything regarding this. They still have my old address on file.
I have checked my credit file, and they have actually issued a CCJ against me, whats worse is i cannot fight it now as it was issued in May, even though i received nothing (as i have moved address) I have no idea what to do now. I cannot afford to pay this back, and at the time of the debt i was actually instructed by solictors not to pay the debt and we tried to fight it. The Majority of the debt is for charges applied for overdraft etc. In fact about 70% of the £5k is charges! I followed all the legal aid and sent HSBC letters and the £10 fee etc and then i stopped hearing from them so i assumed they had written it off, now this! I have no idea what to do...

Hi Jonny,

just to clear something up, in your initial post you list the debt as being for a credit card but the majority of the debt is for overdraft charges?

you can also apply to have the initial ccj set aside as you did not receive the claim form and did not have the opportunity to defend you will need an N244 form to do this, unfortunately there is a fee involved.

if you can provide proof you were not living at the address to which the claim form was issued it will help.

overdrafts and credit cards are treated differently so it is important to distinguish what this debt is for

others with a better knowledge than i in these matters will be along to offer advice.

i hope this helps to make you feel a little better

**jonnyr1986** · 18th August 2014, 13:32:PM

Re: Court Claim - MDKP / HSBC - 1-5-2014

Hello, and thanks for your quick reply. I have received nothing in the post at all regarding the CCJ, but like i said i have moved address Jan 2013 and they have been sending documents to there (apparantly - as stated on the phone) so i was in shock when they rang me at work today. I gave them my new address over the phone which im now regretting as well. I have checked on my credit file and the CCJ is registered :-( but this is the first time i have heard about it, its the first time in years i have heard about it. The Credit card was only for £500 the rest of it was for an overdraft on an account which didnt have the facility for an overdraft and then it racked up charges after charges. I have no idea what to do now. They have said on the phone today that they are going to post out a form now which i have to fill in to state what i earn and pay back monthly etc. But i really cannot afford much at this moment.

**skilganon** · 18th August 2014, 18:31:PM

Re: Court Claim - MDKP / HSBC - 1-5-2014

Originally posted by jonnyr1986 View Post

Hello, and thanks for your quick reply. I have received nothing in the post at all regarding the CCJ, but like i said i have moved address Jan 2013 and they have been sending documents to there (apparantly - as stated on the phone) so i was in shock when they rang me at work today. I gave them my new address over the phone which im now regretting as well. I have checked on my credit file and the CCJ is registered :-( but this is the first time i have heard about it, its the first time in years i have heard about it. The Credit card was only for £500 the rest of it was for an overdraft on an account which didnt have the facility for an overdraft and then it racked up charges after charges. I have no idea what to do now. They have said on the phone today that they are going to post out a form now which i have to fill in to state what i earn and pay back monthly etc. But i really cannot afford much at this moment.

Hi,

as flaming parrot suggested i would check with trustonline using the link provided, if it turns out that you have been issued with a ccj this is what i would do:

I would ring MKDP and tell them that you wish to deal with this matter in writing ONLY, certainly tell them NOT to contact you via work again.
get the name of the individual dealing with this case and write them a letter requesting a copy of the county court judgement as you are not aware of any claim being issued against you, this should give you the information as to which court issued the CCJ and the reason behind it. ( i would say it was nccbc through default)

then i would obtain an N244 form ( i think ) and apply to have the judgement set aside as you were never issued with any claim form and were not given the opportunity to defend the claim, state that you were not living at the address on the CCJ at the time and have never heard of nor have you had any correspondence from MKDP.

this is only my opinion , other more experienced members may offer you other advice.

**FlamingParrot** · 18th August 2014, 20:39:PM

Re: Court Claim - MDKP / HSBC - 1-5-2014

Originally posted by jonnyr1986 View Post

Hello, and thanks for your quick reply. I have received nothing in the post at all regarding the CCJ, but like i said i have moved address Jan 2013 and they have been sending documents to there (apparantly - as stated on the phone) so i was in shock when they rang me at work today. I gave them my new address over the phone which im now regretting as well. I have checked on my credit file and the CCJ is registered :-( but this is the first time i have heard about it, its the first time in years i have heard about it. The Credit card was only for £500 the rest of it was for an overdraft on an account which didnt have the facility for an overdraft and then it racked up charges after charges. I have no idea what to do now. They have said on the phone today that they are going to post out a form now which i have to fill in to state what i earn and pay back monthly etc. But i really cannot afford much at this moment.

That would be standard procedure to sort out an installment order. Even a court cannot order you to pay what you haven't got, and many people who are on low incomes or reliant on benefits pay just £1/month towards their CCJs. That's the whole point of those forms, to establish how much you can REALISTICALLY afford. Having said that, you may still be able to apply to have the CCJ set aside, provided you can show you have a valid defence. This would depend on the accounts you had. It looks like they've amalgamated a credit card with an overdraft. :noidea:

Originally posted by skilganon View Post

then i would obtain an N244 form ( i think ) and apply to have the judgement set aside as you were never issued with any claim form and were not given the opportunity to defend the claim, state that you were not living at the address on the CCJ at the time and have never heard of nor have you had any correspondence from MKDP.

You'd usually have to show the creditor had your address at the time the claim form was issued.

You need to submit an N244 application form and pay a fee of £155.

You may be able to apply for remission of the court fee if you are on a low income or in receipt of certain benefits. Form ex160a provides full details. :thumb:
Most applications will be dealt with at a hearing. If the case began in a different court, it will be transferred to your local county court for a private hearing with a district judge. In some cases, the court can decide to allow your application without a hearing. You should include any evidence you have to support your case, such as:

proof of change of address, that you were out of the country, etc.;
information to back up your defence
anything that explains a delay in making the application, for example, if you've just found out about the judgment.

**jonnyr1986** · 19th August 2014, 08:05:AM

Re: Court Claim - MDKP / HSBC - 1-5-2014

Thanks for your reply. I will have a look at the N244 form and see if i can fill that out. I guess whats annoying about this is its over 10 years ago! so for the past 4 years i could have got this statute barred if i would have known it would come to this.
Seeing as the CCJ is now registered am i best just accepting it and offering to pay back say £40 per month (or would they not accept this) Will the CCJ drop off my credit file after 6 years, or only when i have paid it all back.
Can i argue the amount from MDKP and see if they will accept that i pay monthly but to a lower amount. I guess they have bought this debt off HSBC for a fraction of the price. And whilst i probably owe HSBC around £700 i would say, the remaining is all money which i dont feel like i should be obliged to pay, so how do i argue this now the debt is in someone else's hand?

I dont really have any idea what to do, but it was extremely embarrassing receiving their phone call at work, and im desperate for that not to happen again

**skilganon** · 19th August 2014, 08:34:AM

Re: Court Claim - MDKP / HSBC - 1-5-2014

Originally posted by jonnyr1986 View Post

Thanks for your reply. I will have a look at the N244 form and see if i can fill that out. I guess whats annoying about this is its over 10 years ago! so for the past 4 years i could have got this statute barred if i would have known it would come to this.
Seeing as the CCJ is now registered am i best just accepting it and offering to pay back say £40 per month (or would they not accept this) Will the CCJ drop off my credit file after 6 years, or only when i have paid it all back.
Can i argue the amount from MDKP and see if they will accept that i pay monthly but to a lower amount. I guess they have bought this debt off HSBC for a fraction of the price. And whilst i probably owe HSBC around £700 i would say, the remaining is all money which i dont feel like i should be obliged to pay, so how do i argue this now the debt is in someone else's hand?

I dont really have any idea what to do, but it was extremely embarrassing receiving their phone call at work, and im desperate for that not to happen again

hi jonnyr,

if you have not acknowledged or payed anything towards this debt in 10 years, and you are sure that it was statute barred when you changed address, then i believe that may also form part of your defence to get the ccj set aside but you need to be sure that it was statute barred, do you have a record of when you last made a payment or acknowledged this debt ?

arguing the amount i dont think will help you as they have obtained judgement for the full amount, unless you set aside the original ccj and re start the clock to when the claim was first issued.

maybe a subject access request to hsbc asap would reveal a lot of information, they have 40 days to respond to this but you would then receive all the paperwork relating to these debts and might give you some information that you need.??

request they do not ring you at work and ask to deal with this in writing only.

**jonnyr1986** · 19th August 2014, 08:50:AM

Re: Court Claim - MDKP / HSBC - 1-5-2014

Hi. I have not acknolwedged nor have i paid anything towards this in probably 9+ years. I was arguing the case with HSBC and a solicitor who i was using. I did the subject access request and sent the fee off, and all of a sudden HSBC went quiet. I was told by my solicitor not to pay the debt as it was an unlawful amount. (probably bad advice now) . Since this was going on around 9 and a half years have passed and i now receive the phone call at work stating i have a CCJ registered against me.
I am a bit gutted about this, but as long as my employer doesnt find out about it (i've heard they dont like them) it shouldnt be too much of a problem as i already have a mortgage, car finance etc... so i shouldnt need any more credit soon. BUT its a bit embarrassing having a CCJ against me. I dont know whether to fight it or accept it. I cant afford to pay it back in one go, so if its not paid back after 6 years does it dissappear?
I was hoping they were just trying to scare me on the phone, so i was a bit shocked when i checked my credit file and the CCJ is listed on there (although its listed under a different address, dont know what this means?)

Any advice would be great. If i have a realistic chance of fighting this and winning then of course i will, but tbh im very busy at the moment and my wife is pregnant and i could do without the stress!

**skilganon** · 19th August 2014, 10:05:AM

Re: Court Claim - MDKP / HSBC - 1-5-2014

Originally posted by jonnyr1986 View Post

Hi. I have not acknolwedged nor have i paid anything towards this in probably 9+ years. I was arguing the case with HSBC and a solicitor who i was using. I did the subject access request and sent the fee off, and all of a sudden HSBC went quiet. I was told by my solicitor not to pay the debt as it was an unlawful amount. (probably bad advice now) . Since this was going on around 9 and a half years have passed and i now receive the phone call at work stating i have a CCJ registered against me.
I am a bit gutted about this, but as long as my employer doesnt find out about it (i've heard they dont like them) it shouldnt be too much of a problem as i already have a mortgage, car finance etc... so i shouldnt need any more credit soon. BUT its a bit embarrassing having a CCJ against me. I dont know whether to fight it or accept it. I cant afford to pay it back in one go, so if its not paid back after 6 years does it dissappear?
I was hoping they were just trying to scare me on the phone, so i was a bit shocked when i checked my credit file and the CCJ is listed on there (although its listed under a different address, dont know what this means?)

Any advice would be great. If i have a realistic chance of fighting this and winning then of course i will, but tbh im very busy at the moment and my wife is pregnant and i could do without the stress!

hi jonnyr,

if you have not acknowledged this debt or paid anything towards it in over 9 years then it would have been statute barred before you changed address, if you have a house and a mortgage there is always the risk that mkdp could apply for a charging order on your house to secure the debt

not totally sure but as they have now obtained a ccj and have contacted you then it may stay on your credit file until it is cleared.

you really need to find out where this ccj was issued, i would expect northampton bulk centre, in my opinion from what you have posted i think you do have a realistic chance of fighting this successfully but i would be happier if someone with more experience in these matters offered their advice too.

an SAR to hsbc in my opinion would be a very good starting point for this as well as a call to MKDP to obtain a copy of the CCJ, best done in writing ( recorded).

i appreciate you are busy and it is difficult, but unfortunately this will not go away and these people are not ' nice' remember they make a living out of the most vulnerable people in society, very often on the back of lies and deceit.

the choice is always of course yours

Court Claim - MDKP / HSBC - 1-5-2014