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CCJ from dormant business account bank charges

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  • CCJ from dormant business account bank charges

    I got a CCJ from MKDP with regards to an old HSBC business account dormant since 2009.

    I initially heard from MKDP in July 2014 but when they quoted account wasn't familiar with it as already have monthly payment agreement for old student HSBC account and have paid off my student credit card with them so was lost and because name and initial similar to relatives and have had claims which were not mine in the past assumed this was one and I submitted defence and opted for mediation.

    When I rang the court office in November 2014 was told the other party hasn't responded so they were waiting to hear.I assumed updates or a letter confirming hearing would be sent once defence had submitted details and paid fee but heard nothing.

    Sadly just got a letter which states hearing was on the 18th December and judgement passed. I had planned to attend but in a way was good that I didn't because I wouldn't have been prepared. "I didn't know the account being referred to" Sadly a credit search in the past showed nothing at the time, strangely now reflects the details. so not sure what happened.

    I did an email search to see if I could find any correspondence with regards to the stated account and found out it was a business account I had as a student sadly I have no statements of this account but today tried to obtain from bank.

    The account was not used for trading as used paypal instead but has accumulated charges of £655.42. The total now with court fees is £715.42. I had written to MKDP prior to this on receipt of the initial letter of intending claim for details about the account and got a letter saying they were investigation but they never got back to me instead they proceeded with county court claim.

    In retrospect would have pursued with bank directly as charges harsh and excessive and settle via this means but now only have few days to sort this CCJ. It would be great if I had the resources would gladly end this.

    However would like to dispute this and would have attended court in person if better informed. Need advise on disputing this to take further.

  • #2
    Re: CCJ from dormant business account bank charges

    New to this forum any advise will be much appreciated.

    Comment


    • #3
      Re: CCJ from dormant business account bank charges

      Hi [MENTION=60896]flock[/MENTION] ... I'm sure someone will be along soon to advise

      K x
      Debt is like any other trap, easy enough to get into, but hard enough to get out of.

      It doesn't matter where your journey begins, so long as you begin it...

      recte agens confido

      ~~~~~

      Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

      I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
      But please include a link to your thread so I know who you are.

      Specialist advice can be sought via our sister site JustBeagle

      Comment


      • #4
        Re: CCJ from dormant business account bank charges

        Thanks

        Comment


        • #5
          Re: CCJ from dormant business account bank charges

          Hi, So you received a claim from MKDP, acknowledge service, filed a defence?
          No further documents were issued by the court or the claimant?

          This business account did it have funds available in it? or is this debt made up Entirely of Charges.
          Which bank is this?
          When was the account opened.?
          When was the account defaulted/terminated?

          If you want to get the judgement set aside you will need to show that you have a viable defence to the original claim, if you don't the application will fail.

          nem

          Comment


          • #6
            Re: CCJ from dormant business account bank charges

            Thanks for your response.

            Debt made up entirely of charges.
            HSBC Bank
            Opened on the 31/07/2006
            I last used and made payment into account for the purpose of paying charges in 2009 (sadly will need to request statements for this period as don't have records).I moved address in August 2009 had mails redirected and eventually corrected new address with HSBC for current account. (I think HSBC may have taken some funds from current back in 2009 to pay some business account charges but need to dig all details up)

            I need to know if able to have it set aside not sure of the outcome but upset that have to pay what is all bank charges and added legal cost. I also don't want a CCJ on record.
            I was a sole trader as a student selling stuff online e.g ebay wish I hadn't pursued this account back then.

            Any help will be much appreciated.

            Comment


            • #7
              Re: CCJ from dormant business account bank charges

              Hi, It would certainly help to have the statements.
              Check Credit Reference files it should show default date.
              What are the Particulars of claim (POC)?

              Noddle from Call Credit is Free.

              nem

              Comment


              • #8
                Re: CCJ from dormant business account bank charges

                May be worth making a Subject Access Request to HSBC (£10 stat fee to pay 40 days to comply) BUT
                Application to set aside needs to be made timely, at present there is little to work on apart from the fact you were not informed of the actual court date, is that correct?


                nem

                Comment


                • #9
                  Re: CCJ from dormant business account bank charges

                  Thanks for your response.

                  There isn't any info on HBSC for this account on my file but there is one from MKDP which has a default from September 2013 according to noddle.
                  Experian has default date as set by MKDP as 18/05/2011
                  Default balance was £655 now £715 on 15/12/2014

                  http://postimg.org/image/leio6ggr9/
                  I have now received two of the same court letters, see link above of the most recent that arrived today.Legal fee was £60 and the rest of the £140 must be interest.

                  Comment


                  • #10
                    Re: CCJ from dormant business account bank charges

                    Please check that the date on the MKDP is actually the default date and not just the date MKDP acquired the debt.

                    Comment


                    • #11
                      Re: CCJ from dormant business account bank charges

                      Thanks it was when they acquired the debt. Info on HSBC debt no longer on my credit file and viewed a saved copy of my equifax credit file on 14/06/2010 that account was not listed and on the 27/06/2011 and isn't on that record.

                      Current record on noddle and experian shows MKDP with set default date 18/05/2011 but on viewing records default starts from september 2013.

                      Checked Equifax same but HBSC account open date on MKBP record was in 2006.
                      Was it not on file because it was a business account?
                      Last edited by flock; 24th January 2015, 12:37:PM.

                      Comment


                      • #12
                        Re: CCJ from dormant business account bank charges

                        The reason I ask is because I have seen MKDP " adjust " default dates when they acquire a debt, the original creditors default date cannot be changed.

                        Comment


                        • #13
                          Re: CCJ from dormant business account bank charges

                          I think I need my old statements or information from the bank. There is no record of the account on previously assessed credit file so cannot tell.

                          I am thinking of applying to court to dispute it. I am aware needs to be before payment deadline. Tried requesting old statement on the phone was told will be contacted via letter with cost but will only be for last 6 years. There was no activity on account since 2009 based on what I recall.

                          I have completed a subject access request with £10 cheque not sent yet as will take longer. If court approves not sure will have in time to use if applicable.

                          Comment


                          • #14
                            Re: CCJ from dormant business account bank charges

                            need help with application to have this CCJ set aside. I contacted court as hadn't heard about the proposed mediation and didn't attend hearing was waiting for mediation and not aware. I am aware there is a charge for this CAB referred me to uni law services but not been able to get a response left voicemail.

                            Any help appreciated, or legal route and advise. Thanks

                            Comment


                            • #15
                              Re: CCJ from dormant business account bank charges

                              Firstly have a read http://www.legalbeagles.info/forums/...lication-notes this gives the basics. I haven't read back the thread so can't say if it's the right move. WIll try have a read later on xx

                              It will be £155 ( do it before April as it goes up to £255 then )
                              #staysafestayhome

                              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                              Received a Court Claim? Read >>>>> First Steps

                              Comment

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                              SHORTCUTS


                              First Steps
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                              NOTE: If you receive a court claim note these dates in your calendar ...
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