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Received a claim? No
Issue Date: 1-5-2014
Amount approx: 1750
Claimant: MKDP
Solicitor:
Original Credit: HSBC
Particulars of Claim:
Stat Barred? Yes
Have sent:
Other Info:
In 2003, when I was 18, I took out a credit card with HSBC. They gave me a £200 credit limit. Later, this increased to £800.
When I went to University, I became dreadful with my money, and I defaulted on this card. The default amount was just over £1700. I wrote to HSBC at the time to query this, and never received a reply - I hadn't kept any of my statements, and was not registered for internet banking.
This debt initially showed up on a credit report (obtained 2011) as being to HSBC, for £1721. The start date is 10/09/2004, and the default date was shown as 10/05/2008. At this point, I wrote to HSBC saying I was still unclear about how the debt had accrued, and that I wanted the matter resolved. They did not reply to this letter, so I sent a second similar letter, again saying I was unclear as to what the debt was comprised of, and requesting contact so I could resolve it. Again no reply.
This debt showed up on a credit report as being to MKDP LLP, started on the 10/09/2004. This shows a default date of 15/10/2008. I ignored this at the time of obtaining that credit report. The balance started at £1721, and then increased to £1796.
I ignored this because I didn't know who MKDP LLP were, and assumed this was someone else's issue on my credit record (pretty stupid - I should have linked this up with the HSBC issue).
In October this year, I viewed my credit report again, as I am nearly in a position to apply for a Mortgage. Unsurprisingly, this issue reared it's head in the form of a CCJ (dated 01/05/2014), obtained at an old address, for this alleged debt. I had been receiving many phone calls from 'Keynes', 'MKRR', 'Raven' etc etc, all of which I had refused to talk to, after they asked me to confirm my details for 'security'. They had even begun calling me at work (my answerphone on my mobile included the name of the company I work for). I then began to join the dots, and (I can be a bit slow!) connected that this was related to the HSBC credit card.
On advice from MoneySavingExpert's forumites, I submitted an application to Set Aside Judgement, which was heard last Friday. I based this on the fact the judgement was served on an old address - the Judge initially said this was good service, but after I explained that I still had a current account with HSBC, and they have always had my correct address, as well as explaining that I had written to them in 2011 asking for further information with a view to resolution, he granted my application. MKDP LLP did not attend.
After I had submitted the application to set aside judgement, but before the date had been set, I had another phone call on the work number from 'Jason from Keynes, which is part of MKDP LLP'. I had by now told the staff here that I would take these calls, as previously they hadn't put Keynes/MKDP/MKRR etc through. On this occasion I did confirm my details (as I now knew who they were), and he advised they would not contest the application to Set Aside Judgement. He asked if once the set aside had been granted, I would be looking to make a settlement payment, or would require a payment plan, and I advised him that I would not discuss that, as I had always disputed the debt, and was not agreeing to anything. I mentioned that I believed the debt to be statute barred, and he said to me that because they had commenced legal action, that was in fact not the case.
So - we are now on to the present situation. The set aside has been granted, and I have to file a defence by the 12th January. The court have confirmed that they will be notifying the registry trust of the set aside tomorrow or Monday.
The CCJ is currently the only thing appearing on my credit files.
What next steps do I take? Do I request more information from MKDP? Do I tell them that as I have never acknowledged the debt, I believe it to be statute barred (or do my two letters to HSBC in 2011 mean that even though I didn't acknowledge the debt, I made communication so it's not statute barred?). Do I try and reach a lower settlement figure with MKDP? Does the court action mean that statute barred doesn't come into it? If indeed it is statute barred (where it perhaps wasn't when they started legal proceedings) would the fact that the judgement and set aside overlapped the six year date mean that wouldn't count? What are my options/suggestions?
Issue Date: 1-5-2014
Amount approx: 1750
Claimant: MKDP
Solicitor:
Original Credit: HSBC
Particulars of Claim:
Stat Barred? Yes
Have sent:
Other Info:
In 2003, when I was 18, I took out a credit card with HSBC. They gave me a £200 credit limit. Later, this increased to £800.
When I went to University, I became dreadful with my money, and I defaulted on this card. The default amount was just over £1700. I wrote to HSBC at the time to query this, and never received a reply - I hadn't kept any of my statements, and was not registered for internet banking.
This debt initially showed up on a credit report (obtained 2011) as being to HSBC, for £1721. The start date is 10/09/2004, and the default date was shown as 10/05/2008. At this point, I wrote to HSBC saying I was still unclear about how the debt had accrued, and that I wanted the matter resolved. They did not reply to this letter, so I sent a second similar letter, again saying I was unclear as to what the debt was comprised of, and requesting contact so I could resolve it. Again no reply.
This debt showed up on a credit report as being to MKDP LLP, started on the 10/09/2004. This shows a default date of 15/10/2008. I ignored this at the time of obtaining that credit report. The balance started at £1721, and then increased to £1796.
I ignored this because I didn't know who MKDP LLP were, and assumed this was someone else's issue on my credit record (pretty stupid - I should have linked this up with the HSBC issue).
In October this year, I viewed my credit report again, as I am nearly in a position to apply for a Mortgage. Unsurprisingly, this issue reared it's head in the form of a CCJ (dated 01/05/2014), obtained at an old address, for this alleged debt. I had been receiving many phone calls from 'Keynes', 'MKRR', 'Raven' etc etc, all of which I had refused to talk to, after they asked me to confirm my details for 'security'. They had even begun calling me at work (my answerphone on my mobile included the name of the company I work for). I then began to join the dots, and (I can be a bit slow!) connected that this was related to the HSBC credit card.
On advice from MoneySavingExpert's forumites, I submitted an application to Set Aside Judgement, which was heard last Friday. I based this on the fact the judgement was served on an old address - the Judge initially said this was good service, but after I explained that I still had a current account with HSBC, and they have always had my correct address, as well as explaining that I had written to them in 2011 asking for further information with a view to resolution, he granted my application. MKDP LLP did not attend.
After I had submitted the application to set aside judgement, but before the date had been set, I had another phone call on the work number from 'Jason from Keynes, which is part of MKDP LLP'. I had by now told the staff here that I would take these calls, as previously they hadn't put Keynes/MKDP/MKRR etc through. On this occasion I did confirm my details (as I now knew who they were), and he advised they would not contest the application to Set Aside Judgement. He asked if once the set aside had been granted, I would be looking to make a settlement payment, or would require a payment plan, and I advised him that I would not discuss that, as I had always disputed the debt, and was not agreeing to anything. I mentioned that I believed the debt to be statute barred, and he said to me that because they had commenced legal action, that was in fact not the case.
So - we are now on to the present situation. The set aside has been granted, and I have to file a defence by the 12th January. The court have confirmed that they will be notifying the registry trust of the set aside tomorrow or Monday.
The CCJ is currently the only thing appearing on my credit files.
What next steps do I take? Do I request more information from MKDP? Do I tell them that as I have never acknowledged the debt, I believe it to be statute barred (or do my two letters to HSBC in 2011 mean that even though I didn't acknowledge the debt, I made communication so it's not statute barred?). Do I try and reach a lower settlement figure with MKDP? Does the court action mean that statute barred doesn't come into it? If indeed it is statute barred (where it perhaps wasn't when they started legal proceedings) would the fact that the judgement and set aside overlapped the six year date mean that wouldn't count? What are my options/suggestions?
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