CCJ appeared on Experian credit report from MKDP LLP help needed please

[wenglish1984]

Hello everyone and good evening i am looking for some help if possible please as i have noticed today that on my Experian credit report there is now a live CCJ that has been applied to my credit file its dated the 26 Jan 2015 for £3330 looking through my credit file its from a debt that started on 25 JUL 2006 and defaulted on the 5th November 2009 and was a debt to HSBC and now Purchased by a company called MKDP LLP ??? I have never heard of this company before and never received court papers as i no longer live at the address that i was at when the debt occurred. I moved from that property in June 2014 and have proof of that but either way i want to fight this claim as i don't believe i owe this amount of money. It was from a bank account and overdraft that the bank gave me when i was unemployed and no where near the amount they are claiming for i never signed any paperwork other than to open the bank account in 2006 so im looking for some legal help if possible please on how i would now defend this case any help and advice would be great thanks in advance

David

[FlamingParrot]

Re: CCJ appeared on Experian credit report from MKDP LLP help needed please

Welcome aboard

It looks like MKDP may have sent the court papers to an old address. They are a debt purchaser so you probably never had dealings with them. Have you any idea how long ago you stopped using that HSBC current account? The default date on your credit file doesn't always tell you much. If it was in 2008 then it could have been SBd.

You may be able to apply to have the judgment set aside. I posted about that subject earlier today so you may want to look at this thread for reference: http://www.legalbeagles.info/forums/...906#post547906

[wenglish1984]

Re: CCJ appeared on Experian credit report from MKDP LLP help needed please

Brilliant Thanks very much for the quick reply it was so long ago i really cant remember the last time i used it i'm sorry ill have a read of your thread now Thanks again

[wenglish1984]

Re: CCJ appeared on Experian credit report from MKDP LLP help needed please

Sorry might be a silly question but how else could i find out the last time i used the account if the default date on my credit files might be wrong ?

[FlamingParrot]

Re: CCJ appeared on Experian credit report from MKDP LLP help needed please

Sorry might be a silly question but how else could i find out the last time i used the account if the default date on my credit files might be wrong ?

The default date will ALWAYS be later than when you last actually used the account because defaults are not recorded immediately. With overdrafts it can be even trickier because sometimes the bank may not recall the overdraft immediately, unlike loans and credit cards there are no set repayment dates so they won't know you don't intend to make further payments into the current account for some time.

You could send a SAR to HSBC (not MKDP, they wouldn't have the data), however, sometimes they claim not to have data older than six years.

Statute barred is the best defence and you'll need a draft defence to apply for set aside, however, if you state the debt is SBd it will be up to the other side to prove it isn't. MKDP would have bought the account without any historical data so they'd have to go back to HSBC to obtain details of transactions made under that account; if they have the data they should be able to provide it to you on your SAR, if they haven't got it then it won't be available to MKDP either if you get my meaning.

[wenglish1984]

Re: CCJ appeared on Experian credit report from MKDP LLP help needed please

Brilliant thank you ill have a look now online for a SAR template and get it sent off on Monday but im very tempted to just apply for the set aside and let them prove it what would i need to do start the ball rolling with the courts etc and when you say write a draft defence what dose that involve ?

[FlamingParrot]

Re: CCJ appeared on Experian credit report from MKDP LLP help needed please

Brilliant thank you ill have a look now online for a SAR template and get it sent off on Monday

You can send the following:

Dear Sirs

Ref: xxxxxxxx

Subject Access Request – S.7 Data Protection Act 1998

Under the Data Protection Act 1998, and including the right of subject access under this Act, I hereby request that you supply me with all historical data in your possession which, in any way relates to me, including (but not exhaustively) a copy of the original signed executed agreement; statements of account; duplicate statements or printouts of all account transactions; all internal and external correspondence sent or received by you including memos, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants’ notes, copies of stored telephone conversations, internal and external emails and any other information held on all types of media in any relevant filing system.

If you have disclosed any information to a third party (with or without my express permission), will you please include details of this in your reply, along with notes of any legal action passed or pending (to include a true copy of default notices, court orders and the like).

If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.

Where any information that you provide includes any charges, for example returned payments, late payment fees, and so forth, would you please advise your breakdown of actual costs (liquidated damages) incurred for each charge, and the Term or Condition on which you rely upon to claim such a charge. I also require that you forward, a true copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions.

I enclose the statutory maximum fee of £10.00 to access ALL data held by you about myself. You have 40 days in which to comply with this request.

Yours faithfully,

You need to send it with a cheque or PO for £10 and send it recorded so you can track when they've received it. They have 40 days to respond.

[wenglish1984]

Re: CCJ appeared on Experian credit report from MKDP LLP help needed please

Amazing help yet again thank you very much i have no idea what my account number was its also not on my credit file how do i get around that ?

[nemesis45]

Re: CCJ appeared on Experian credit report from MKDP LLP help needed please

If this a current account/overdraft, the date that the creditor can demand payment if full ( recall of OD facility) start the 6 year clock ticking, documents such as a " Formal Demand For Payment" or a "Final Demand " are issued and if not complied with a default is then placed.
For practical purposes the default date can be used as the start of the 6 year period.
No default notice is issued as it would be for a credit card or loan.

The last financial trans action is not really relevant for calculating the start of the relevant 6 year period.

Appeal Court Judgement in BMW - v - Hart refers.

nem

[FlamingParrot]

Re: CCJ appeared on Experian credit report from MKDP LLP help needed please

but im very tempted to just apply for the set aside and let them prove it what would i need to do start the ball rolling with the courts etc and when you say write a draft defence what dose that involve ?

You need to submit an N244 application form and pay a fee of £155. You may be able to apply for remission of the court fee if you are on a low income or in receipt of certain benefits. Form ex160a provides full details. You can submit the application while you wait for the SAR response which will be useful to have. As most set aside applications are dealt with at a hearing, it may take some time. :thumb:

This post has examples of what the documents would look like: http://www.legalbeagles.info/forums/...044#post415044

The Draft Order will be very similar only with the relevant dates.

On the Witness Statement, you will use your name and address and say you are a Litigant in Person. You'd then go on to list your own sequence of events.

If you are going down the SBd route, a draft defence would say that no payments were made into this account since [sometime in 2008] therefore the debt would have been SBd at the time the claim was issued. Having a judgment set aside is not the end of the line, the claimant could issue fresh proceedings, so you have to show the court that, should they decide to do so, you would be able to successfully defend the claim. SBd is an absolute defence.

You'll also need to explain that you've only just become aware of the judgment.

You'll find these threads useful:

• http://www.legalbeagles.info/forums/...ants-in-Person
• http://legalbeagles.info/library/how...-judgment-ccj/
• http://www.legalbeagles.info/forums/...lication-notes

- - - Updated - - -

Amazing help yet again thank you very muchi have no idea what my account number was its also not on my credit file how do i get around that ?

A SAR is a request for all data held about YOU, not about a specific account. That means if you had more than one account with them you'd only need to send ONE SAR. It helps to have an account number but they should still be able to find your records under your name, they may come back asking for your date of birth if they have more than one person with a similar name, but they still have to respond. :thumb:

[wenglish1984]

Re: CCJ appeared on Experian credit report from MKDP LLP help needed please

Hello everyone ive been sorting some other debts out and seem to be winning so far and im now in the position to defend this CCJ case as i couldn't afford the court fee but i now can so to get this ball rolling do i send&nbsp;<span style="color: rgb(51, 51, 51); background-color: rgb(250, 250, 250);">SAR,CCA, CPR to both MKDLP LL &amp; HSBC and see what they come back with ? Because in my eyes im just guessing its a old HSBC debt as its around the same value that MKDLP are claiming for and i dont recall any letters etc even when i was in my previous address to say what that debt was for ? Also is there any chance someone could advise me on how to fill in this N244 form ?<br><br>Thank </span>

[wenglish1984]

Re: CCJ appeared on Experian credit report from MKDP LLP help needed please

Also before i forget im in the process of doing the SAR request do i put down my last few address's as i dont know my Account Number for the bank ?

[FlamingParrot]

Re: CCJ appeared on Experian credit report from MKDP LLP help needed please

Hello everyone ive been sorting some other debts out and seem to be winning so far and im now in the position to defend this CCJ case as i couldn't afford the court fee but i now can so to get this ball rolling

Did you look into fee remission? http://hmctsformfinder.justice.gov.u...forms_category=

do i send SAR, CCA, CPR to both MKDLP LL & HSBC and see what they come back with ? Because in my eyes im just guessing its a old HSBC debt as its around the same value that MKDLP are claiming for and i dont recall any letters etc even when i was in my previous address to say what that debt was for ?

Not much point in sending a SAR to MKDP as they would only have info from when the account was assigned to them. You can try a CCA request but response may be to say that once judgment has been obtained, there is no longer a duty to comply. That does not apply to a SAR.

Also is there any chance someone could advise me on how to fill in this N244 form ?<br><br>Thank </span>

You'll find quite detailed examples here:

• http://www.legalbeagles.info/forums/...ants-in-Person
• http://legalbeagles.info/library/how...-judgment-ccj/
• http://www.legalbeagles.info/forums/...lication-notes

Also before i forget im in the process of doing the SAR request do i put down my last few address's as i dont know my Account Number for the bank ?

Yes, although thy bank should be able to find you on their system without an account number, it helps if you can supply as much info as you can to identify you (and distinguish you from potentially someone else with a similar name). :thumb:

[wenglish1984]

Re: CCJ appeared on Experian credit report from MKDP LLP help needed please

Brilliant thank you so much the SAR request has now been sent off im now in the middle of doing the N244 form but on the draft order it shows this (The Defendant shall file and serve its Defence by 4pm on [insert date].) what date do i put in ?

[wenglish1984]

Re: CCJ appeared on Experian credit report from MKDP LLP help needed please

Do I fill in the Draft Defence in now or is that done once its been to court and im told about what MKDP are actually claiming for ?