Court Claim Form- MKDP - HSBC

[davclax]

Hi there,

Ive been reading the forums re county court claims, they have been really helpful, but im still unsure as to how to start.
Can anyone help me with ideas on Template letters or what i can write to the County Court- i have 14 days to respond, their letter is dated the 1st Dec 2014.

Years ago i had a load with HSBC, The last payment i made was just under 6 years ago. MKDP have chased me up, but after looking at other forums and advice at the time i thought it was best to ignore and hoped it would reach the 6 years in which i could then use the statute barred in my favor.
Now i have recieved this County Court Claim form, and i need to send them a response, i still want to defend their claim and cannot and do not want to pay anymore money to them, as feel the debt was misold to me and it was so many years ago now without hearing anything for the first few years.

The letter i have received is as follows....

The Claimant claims the sum of £3,845.21 being monies due from the Defendant to HSBC Bank PLC under a bank account facility regulated by the Consumer Credit Act 1974 and assigned to the Claimant on 08/12/2011.
The Defendants account number was ******. It was a term of the bank account that any debit balance would be repayable in full on demand. The defendant has failed to make payment as required by the demand for payment sent by HSBC Bank Plc. The Claimant claims the sum of £3,845.21 and costs. The Claimant has complied, as far as is necessary, with the Pre-Action Conduct Practice Direction.

I would really appreciate if someone could point me in the right direction and advise me on what i should write back to the court. I plan on defending my case so need a letter stating this.

Many Thanks

Davina x

[FlamingParrot]

Re: Court Claim Form- MKDP - HSBC

Hi and welcome

Ive been reading the forums re county court claims, they have been really helpful, but im still unsure as to how to start.
Can anyone help me with ideas on Template letters or what i can write to the County Court- i have 14 days to respond, their letter is dated the 1st Dec 2014.

Your first step is to acknowledge the claim within 14 days, which you can do online. :typing: That goes straight to the court.

You'd normally send a CCA request to the claimant, however, CCA requests do not apply to bank account overdrafts. You also have to send a CPR request to the solicitors. See here for a letter aimed at overdrafts: http://www.legalbeagles.info/forums/...ht=#post409682

Years ago i had a load with HSBC, The last payment i made was just under 6 years ago. MKDP have chased me up, but after looking at other forums and advice at the time i thought it was best to ignore and hoped it would reach the 6 years in which i could then use the statute barred in my favor.
Now i have recieved this County Court Claim form, and i need to send them a response, i still want to defend their claim and cannot and do not want to pay anymore money to them, as feel the debt was misold to me and it was so many years ago now without hearing anything for the first few years.

If it was paid under 6 years ago, it's not yet SBd.

What do you think the loan was mis-sold?

The letter i have received is as follows....

The Claimant claims the sum of £3,845.21 being monies due from the Defendant to HSBC Bank PLC under a bank account facility regulated by the Consumer Credit Act 1974 and assigned to the Claimant on 08/12/2011.
The Defendants account number was ******. It was a term of the bank account that any debit balance would be repayable in full on demand. The defendant has failed to make payment as required by the demand for payment sent by HSBC Bank Plc. The Claimant claims the sum of £3,845.21 and costs. The Claimant has complied, as far as is necessary, with the Pre-Action Conduct Practice Direction.

I would really appreciate if someone could point me in the right direction and advise me on what i should write back to the court. I plan on defending my case so need a letter stating this.

On the paragraph above you refer to a LOAN with HSBC, however, the particulars of claim refer to a BANK ACCOUNT FACILITY, i.e. an overdraft. :noidea: :confused2:

[davclax]

Re: Court Claim Form- MKDP - HSBC

Hi and welcome


Your first step is to acknowledge the claim within 14 days, which you can do online. :typing: That goes straight to the court.

You'd normally send a CCA request to the claimant, however, CCA requests do not apply to bank account overdrafts. You also have to send a CPR request to the solicitors. See here for a letter aimed at overdrafts: http://www.legalbeagles.info/forums/...ht=#post409682

If it was paid under 6 years ago, it's not yet SBd.

What do you think the loan was mis-sold?
On the paragraph above you refer to a LOAN with HSBC, however, the particulars of claim refer to a BANK ACCOUNT FACILITY, i.e. an overdraft. :noidea: :confused2:

Hi Again,

Thank you for your responses,

It is definitely a loan that i took out many years ago, rather than an overdraft, although the particulars of claim do sound confusing.
Since i sent my thread i have found a very good template from a link on this forum which i think i will use and hope that they do not have original documentation and signed agreements etc which im pretty sure they wont.
Does anyone know how successful these cases are.

Thanks again x

[FlamingParrot]

Re: Court Claim Form- MKDP - HSBC

It is definitely a loan that i took out many years ago, rather than an overdraft, although the particulars of claim do sound confusing.
Since i sent my thread i have found a very good template from a link on this forum which i think i will use and hope that they do not have original documentation and signed agreements etc which im pretty sure they wont.

Below are the usual first steps to take upon receipt of a court case. The reason I didn't post them before is because the particulars of claim appeared to refer to an overdraft and there are certain things that wouldn't apply (but would if it was a loan). The templates are linked to below:

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)

Does anyone know how successful these cases are.

It all depends on the individual circumstances, whether they can locate the documents and whether there is a properly executed agreement.

Did you take out the loan before April 2007?

Was there any PPI?

[davclax]

Re: Court Claim Form- MKDP - HSBC

Hi There,

Thanks for all your guidance on this. I am going to be doing the three steps advised. I am in the process of putting together a letter to the County Court using a template that i found on this forum.
I did take the loan before 2007. I think that loans taken before this time can be wiped off as apparently there was a clause in the agreements/paperworks that meant that people wouldnt have to pay back. Have you heard about this?

Many Thanks

x

[nemesis45]

Re: Court Claim Form- MKDP - HSBC

The only " loop hole" with pre April 2007 agreements is that ( now in doubt) the original signed/executed agreement is needed to enforce the debt in court,

[FlamingParrot]

Re: Court Claim Form- MKDP - HSBC

Thanks for all your guidance on this. I am going to be doing the three steps advised. I am in the process of putting together a letter to the County Court using a template that i found on this forum.

A letter to the county court? The only thing you need to do with the court at this stage is acknowledge service, and you do that online, on the MCOL website using the claim number and P/W printed on your claim form. :typing:

The letters don't go to the court, the CCA request goes to the CLAIMANT (MKDP) and the CPR request to the CLAIMANT'S SOLICITORS dealing with the claim.

I did take the loan before 2007. I think that loans taken before this time can be wiped off as apparently there was a clause in the agreements/paperworks that meant that people wouldnt have to pay back. Have you heard about this?

I don't know where you read that information but it's not at all accurate. There was never a clause on any agreement that meant they wouldn't have to be paid back, that may have been made up by some of those unscrupulous people who made money from false promises of getting people's debts wiped off, such as the Rankines. :mad2: :mad2: :mad2:

Loans cannot be wiped off regardless of when they were taken out. The only reason debts for accounts taken out before April 2007 can sometimes be unenforceable in court is because s.127 of the Consumer Credit Act 1974 stated the following:

(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

(4) The court shall not make an enforcement order under section 65(1) in the case of a cancellable agreement if—
(a) a provision of section 62 or 63 was not complied with, and the creditor or owner did not give a copy of the executed agreement, and of any other document referred to in it, to the debtor or hirer before the commencement of the proceedings in which the order is sought, or
(b) section 64(1) was not complied with.

Basically the court was prevented from enforcing an account unless there had been a properly executed agreement with all the prescribed terms, however, s.127 was repealed with effect from April 2007, meaning it doesn't apply to accounts opened after that date, where the court is not prevented from enforcing them.