Hello everyone this is my first post and id really appreciate it if I could get some advice on whether my overdraft is likely to be statute barred. I've received a county court claim from a debt collection company called MKDP for an old hsbc overdraft. I have checked my credit report with experian and it says MKDP placed a default on there relating to this debt on 14/05/2009 which is within 6 years, but the bank would have recalled the overdraft before this, so im hoping that would have taken it over the six years. I'm unsure of the actual date the overdraft was actually recalled. In the particulars on the court papers it says hsbc assigned this debt to MKDP on 08/12/2011, so im confused as to how they placed the default in 2009 on my credit report when the court papers says they were assigned the debt in 2011?. Ive had no communication with the debt company ever, and im sure i havent used the account since 2008. Im confused whether i should try and defend the claim as this will result in extra costs if im wrong, or whether i should take liabilty for the debt? can someone please advise me?? thank you guys
advice please, is my overdraft statue barred?
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SHORTCUTS
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Directions Questionnaire
If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.
NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service
Defend Claim - within 28 days from Service (IF you acknowledged in time)
If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.
We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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Guides and LettersSHORTCUTS
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Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
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Statute Barred Letter
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