Preparing to get a CCJ Set aside

[dillondon]

Re: Preparing to get a CCJ Set aside

I am also preparing to get a CCJ set aside.with same Mkdp and HSBC. Judge acted in favour of them.There was no proper credit agreement,No notice of Assignment,no proof of Service,no deed of assignment etc. The decision made on the basis of a reconstituted notice of assignment in a white sheet of paper with no signature.The judge said that is enough to enforce and ignored my argument.I am looking for an appeal against this order.What are my options..

[wenglish1984]

Re: Preparing to get a CCJ Set aside

Good Morming Sorry to ask again everyone but I've just had a knock at the door by the postman with a huge letter to sign it was from MKDP LLP and had to be delivered by 9am. Anyway just opend it and its in response to my claim for the set aside judgment i applied for and they have said they won't be attending the court date but provided bank statements to prove to the court that Statue Bard is not correct and basically prove it why on earth HSBC did not provided these details to me on the SAR request is beyond me but if someone could please advise me on if I now can do anything else. My court date is 3rd September 2015 and as it stands I've lost my case on statue barrd so wasted £155 and still have this CCJ for over 5 more years but looking at the statements they have provided there is well over £1k in charges that was applied to this bank account from February 2009 - November 2009 all charges applied when the bank account was not being used because i got into financial problems in that Febuary and was advised to change bank accounts.So checking through the statements which are charges for HSBC recalling direct debits charges and standing order recalls also noticed there is a few for HSBC sending out TXT alerts at £2.99 each and overdraft charges and intrest etc etc. So basicly is there anything i can now do for instance can i go down the route with the courts stating that had I known about the issues with charges etc I would have contested the debt on them being extremely excessive ? MKDP LLP have also made a mistake stating to the court in there statement I'd left it nearly 2 years to apply for the set aside even though they only got the judgment in January 2015 not that it really matters I suppose. I'm just gutted it's 2 months away from dropping off my credit report yet they now have me for another 5 years and worry everytime the door rings I can't afford the £3300 so if anyone could advise me if there is anything I can now do please I'd be extremely grateful thank you

[nemesis45]

Re: Preparing to get a CCJ Set aside

Hi clarification please.

When exactly was the last transaction on the account made by you personally?
When did the bank first Demand Repayment in Full of the outstanding balance?

nem

[wenglish1984]

Re: Preparing to get a CCJ Set aside

....

[wenglish1984]

Re: Preparing to get a CCJ Set aside

Hi Nem the last transaction it states on the paperwork that i did was 11/02/2009 and the date account closed was 02/11/2009 so they allowed it to stay open 9 months with no use by me or credits paid in before closing the account. i have also noticed the address on the demand letters is listed at a very old address from when i used to have another account with HSBC so very strange why they would use that address and shows why i never received the letters. but shows the bank first demanded payment with a pre demand on the 02/09/2009 WRONG ADDRESS and a final demand on the 13/10/2009 again Wrong address

Hope that helps

Thanks again

[FlamingParrot]

Re: Preparing to get a CCJ Set aside

Good Morming Sorry to ask again everyone but I've just had a knock at the door by the postman with a huge letter to sign it was from MKDP LLP and had to be delivered by 9am. Anyway just opend it and its in response to my claim for the set aside judgment i applied for and they have said they won't be attending the court date but provided bank statements to prove to the court that Statue Bard is not correct and basically prove it why on earth HSBC did not provided these details to me on the SAR request is beyond me but if someone could please advise me on if I now can do anything else. My court date is 3rd September 2015 and as it stands I've lost my case on statue barrd so wasted £155 and still have this CCJ for over 5 more years

Hang on, it may well not be the case. :ranger:

but looking at the statements they have provided there is well over £1k in charges that was applied to this bank account from February 2009 - November 2009 all charges applied when the bank account was not being used because i got into financial problems in that Febuary and was advised to change bank accounts.So checking through the statements which are charges for HSBC recalling direct debits charges and standing order recalls also noticed there is a few for HSBC sending out TXT alerts at £2.99 each and overdraft charges and intrest etc etc. So basicly is there anything i can now do for instance can i go down the route with the courts stating that had I known about the issues with charges etc I would have contested the debt on them being extremely excessive ?

From what you describe here, all you've found on the statements is charges. That does nothing to change the status barred position, the Limitation Act refers to PAYMENTS made by yourself or someone acting on your behalf or written acknowledgment of the debt, it does not refer to charges applied to the account, those do no reset the SBd clock! :nono:
As you know, challenging bank charges isn't that easy, however, SBd is an absolute defence thus much more substantial than any argument over charges. :grin:

MKDP LLP have also made a mistake stating to the court in there statement I'd left it nearly 2 years to apply for the set aside even though they only got the judgment in January 2015 not that it really matters I suppose. I'm just gutted it's 2 months away from dropping off my credit report yet they now have me for another 5 years and worry everytime the door rings I can't afford the £3300 so if anyone could advise me if there is anything I can now do please I'd be extremely grateful thank you

From what you've posted above, I can't see anything changing, where exactly is their proof that the account is SBd? You only mention charges, not payments into the account being shown on the statements. :noidea:

As for stating to the court that you left it two years, that's clearly a misleading statement, :mad2: how could you, when the date on the judgment is not even a year ago? :confused2: :noidea:

[wenglish1984]

Re: Preparing to get a CCJ Set aside

Hang on, it may well not be the case. :ranger:


From what you describe here, all you've found on the statements is charges. That does nothing to change the status barred position, the Limitation Act refers to PAYMENTS made by yourself or someone acting on your behalf or written acknowledgment of the debt, it does not refer to charges applied to the account, those do no reset the SBd clock! :nono:
As you know, challenging bank charges isn't that easy, however, SBd is an absolute defence thus much more substantial than any argument over charges. :grin:

From what you've posted above, I can't see anything changing, where exactly is their proof that the account is SBd? You only mention charges, not payments into the account being shown on the statements. :noidea:

As for stating to the court that you left it two years, that's clearly a misleading statement, :mad2: how could you, when the date on the judgment is not even a year ago? :confused2: :noidea:

Thanks for your reply i really am grateful but looking at the copy's of statements ive been issued by MKDP there is also transactions in January 09 - Feb 09 with wages paid in and visa payments out so deffo not SBD they arnt on HSBC headed statements that i would have received it looks like its there own version of statements not sure if that makes a difference or not Also iv'e been provided the letter of when HSBC sold the account to MKDP yet it has someone from HSBCs copy of a signature but its not on HSBC headed paper looks like MKDP have done it them selves ? They have also issued me final demand letters from HSBC in October / nov 2009 and both sent to an address that was not mine or on my HSBC Account which would show why i never got the details i have scanned all of the witness statement from MKDP is it worth me putting it up for someone to take a look at ? Thanks again for your help

[wenglish1984]

Re: Preparing to get a CCJ Set aside

Please see attached statements from mkdp and other paperwork

[wenglish1984]

Re: Preparing to get a CCJ Set aside

MORE

[wenglish1984]

Re: Preparing to get a CCJ Set aside

Thats everything i think thanks again :tinysmile_grin_t: