court claim from MKDP. Help needed

[jansyner]

Hi all, I'm new to the site and in need of a bit of help.
Yesterday I received a claim form with this POC:

The claimant claims the sum of £2,068.86 being monies due from the defendant(s) 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(s) account number was xxxxxx/xxxxxxxx. It was a term of the bank account that any debit balance would be repayable in full on demand. The defendant(s) has failed to make payment as required by the demand for payment sent by HSBC bank plc. The claimant claims the sum of 2,068.86 and costs. The claimant has complied, as far as is necessary, with the pre-action conduct practice direction.

I have returned the acknowledgement of service and was thinking that my next step would be to send a CPR 31.14 AND CPR 31.15, though thinking about it now I'm not sure what documents I would be asking them to provide.

Can anyone put me on the right path? Thanks in advance.

[nemesis45]

Re: court claim from MKDP. Help needed

Hi all, I'm new to the site and in need of a bit of help.
Yesterday I received a claim form with this POC:

The claimant claims the sum of £2,068.86 being monies due from the defendant(s) 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(s) account number was xxxxxx/xxxxxxxx. It was a term of the bank account that any debit balance would be repayable in full on demand. The defendant(s) has failed to make payment as required by the demand for payment sent by HSBC bank plc. The claimant claims the sum of 2,068.86 and costs. The claimant has complied, as far as is necessary, with the pre-action conduct practice direction.

I have returned the acknowledgement of service and was thinking that my next step would be to send a CPR 31.14 AND CPR 31.15, though thinking about it now I'm not sure what documents I would be asking them to provide.

Can anyone put me on the right path? Thanks in advance.

Hi Welcome to LB,

This being a bank account/overdraft there is no " credit agreement " such as you would
have with a credit card or loan.

The documents in the POC appear to be " The Demand For Payment" and an Assignment Notice is implied so request that. via CPR31.14

Some history please: When did you open the account?
Do you know the date the " Demand for repayment in full " was issued?

Have you at any point since that demand was made paid any party any amount
in relation to the account?

Have you made any written acknowledgment of the debt since the demand was made?

Is MKDP using a solicitor?

Was there any valid dispute regarding the alleged debt before the Final Demand was made?

nem

[jansyner]

Re: court claim from MKDP. Help needed

Nem. Thanks for your reply.
I'm unsure as to when the account was opened, though it would be around 6/7 years ago.
I also don't know when the demand for payment in full was issued as I have ignored all correspondence. I have paid no monies and have not acknowledged the debt in any way.
There is no mention of MKDP using a solicitor.
And finally no there was no valid dispute.

Should I go ahead with the CPR and await reply? Or is there more I could be doing?

[FlamingParrot]

Re: court claim from MKDP. Help needed

Should I go ahead with the CPR and await reply? Or is there more I could be doing?

Further replies on this thread: http://www.legalbeagles.info/forums/...498#post554498