MKDP LLP

[Sleepless]

Re: Court Claim - MKDP LLP / Lloyds - 9-3-2015

Hi @Sleepless - If you follow the steps I've quoted below from Ame's thread, it'll get you started Please try not to worry ... there's people here on LB who will help you every step of the way!


EDIT: trust me to answer before checking the other threads first :lol: - @Sleepless, I've merged your threads xx

Thank you so much, Kati

[Nibbler]

Re: MKDP LLP

August 2009

That narrows options, but have to see - if anything - they supply under the requests.

[FlamingParrot]

Re: MKDP LLP

These people used to phone me constantly and I explained my financial position to them. They have have now decided to sue me. I don't deny the claim but, would hate to have bailiffs come to my flat as my landlord would, probably, ask me to leave. At 72 years of age, the thought of being homeless is making me very depressed.

Please can somebody help me?

There is absolutely no reason why you should end up homeless as a result of this. You say you are renting, so the loan is obviously unsecured and they cannot take possession of a property belonging to your landlord for money you owe.

They can't send bailiffs round without a warrant of control and they'll need to obtain a CCJ before they can even think of applying for one. Even with a CCJ, you'd have the opportunity to agree a monthly instalment you can afford, even a court can't make you pay what you haven't got. In some cases this may be just £1 a month if your income and expenditure form shows that's all you can afford. As long as you keep up to the court order (in the event of one being obtained), they wouldn't be able to send bailiffs and in any case, they are seldom used as a method of enforcement for this type of debt. You'll find most bailiff cases involve non-payment of council tax or court fines. :typing:

[Sleepless]

Re: MKDP LLP

I've registered with MCOL and completed the AOS form online. When should I send the CCA letter?

[FlamingParrot]

Re: MKDP LLP

I've registered with MCOL and completed the AOS form online. When should I send the CCA letter?

As soon as you can :typing:

[Sleepless]

Re: MKDP LLP

As soon as you can :typing:

Thank you. Will do today

[Don Quixote]

Re: MKDP LLP

Afternoon sleepless. Do you actually have any copies of default notices from Lloyds, a copy of the original agreement, a notice of assignment from MKDP or Lloyds, and have you been receiving statements showing the arrears?

Can you tell us just a bit more about your circumstances? I’m intrigued that you were provided with a loan at the age of 66 in 2009. Tell us all you can.

[Sleepless]

Re: MKDP LLP

My life has been in a mess for the past few years. Going into details of how this happened isn't going to help. I've had all sorts of letters but, at present, my only concern is that I don't become homeless.

[Don Quixote]

Re: MKDP LLP

You’d be surprised at what little bits of information can lead to, sleepless. Detail is often important. There may be BCOBS issues in granting you a loan, depending on the circumstances. For example, were you working at the time?

Please try and find the strength to let us help you as best we can.

[Sleepless]

Re: MKDP LLP

You’d be surprised at what little bits of information can lead to, sleepless. Detail is often important. There may be BCOBS issues in granting you a loan, depending on the circumstances. For example, were you working at the time?

Please try and find the strength to let us help you as best we can.

I'm in the process of sorting out my filing. No, I wasn't working at the time but, had a project in hand. Also, my private pension got hammered as a result of the credit crunch. I accumulated other debts and, if I had the fees, would be tempted to file for bankruptcy. Unfortunately, if I do that, my tenancy agreement gets terminated.

[Don Quixote]

Re: MKDP LLP

Sorry to hear this, sleepless. Hopefully, we can change your name to ‘sleeping well’ fairly soon.

Can you tell us the basis on which the loan was taken out, as a starter? Did the bank express any worries about your ability to repay given your age? Over what term was the loan? As you may gather, I’m looking to see if there’s any evidence of irresponsible lending that we can use.

MKDP are, fortunately, rather stupid and incompetent when it comes to court claims, so there’s lots of stages to go through. However, they can also be a bit nasty, so we’ll be your guardians in that respect. Just remember though that it’s mainly bluster, trying to scare you into paying what you don’t have.

As mentioned by many, the worst you will get is a CCJ and you can ask the court to set your level of repayment, which may be just a couple of pounds a month. A CCJ should in no way affect your benefits or rental situation, but there’s a long way to go until we get to that position, so rest easy and get your CPR/CCA letters away – it’s over £10k so potentially fast track, and CPR31 most definitely applies!

[Sleepless]

Re: MKDP LLP

Thanks DQ, for your help. Give me a day, or so, to sort out paperwork and I'll reply with more details

[Sleepless]

Re: MKDP LLP

Hope the following info is of help.

I took the loan out, in 2009, to work with a friend on a software project. I agreed a salary of £40k, with him, to be accrued until we sold the first model. As the initial project failed, I drew no salary. Lloyd's Bank never asked me for any evidence of this.

I do have a copy of the original agreement, although there is no date on it. The starting date was in a separate letter (I think). I did receive default notices and, also, have a letter from Lloyds informing me of the assignment to MKDP. I did receive regular arrears statements until 2011. I, subsequently, received a letter from MKDP, on 21st July 2014, informing me that the debt had been assigned to them.

I hope that the above information is helpful.

[Don Quixote]

Re: MKDP LLP

Apologies for the delayed reply, Sleepless, I’m in a rather remote location at present.

Anything more you can tell us about the process of the application itself? The minutiae could be important. Did you apply at the bank, with an advisor? Were credit checks made? Was your ‘employer’ written to for a reference and confirmation of (proposed) salary? How did you describe your status on the app form?

As I’ve said, detail is everything. I would at the very least be expecting to reach agreement for something like £1 a month, by Tomlin order, at the worst – if there was dodgy lending, there may be a better outcome.

It seems to me that there could be a case of irresponsible lending here. This doesn’t necessarily get you off the hook, but gives some room for manoeuvre.

[Sleepless]

Re: MKDP LLP

Apologies for the delayed reply, Sleepless, I’m in a rather remote location at present.

Anything more you can tell us about the process of the application itself? The minutiae could be important. Did you apply at the bank, with an advisor? Were credit checks made? Was your ‘employer’ written to for a reference and confirmation of (proposed) salary? How did you describe your status on the app form?

As I’ve said, detail is everything. I would at the very least be expecting to reach agreement for something like £1 a month, by Tomlin order, at the worst – if there was dodgy lending, there may be a better outcome.

It seems to me that there could be a case of irresponsible lending here. This doesn’t necessarily get you off the hook, but gives some room for manoeuvre.

Thanks once again, for your help.

I applied at the branch (I think) and no advisor was present. Don't know about credit checks but, at that time, my credit rating would have been very good. My employer/partner was not contacted. I gave my status as business consultant, which I had been for many years,