Preparing to get a CCJ Set aside

[wenglish1984]

Hello everyone i set up a page last week for help getting a CCJ set aside against MKDP LLP on the grounds of not receiving the court papers and secondly i believe it was statue barred before they took it to court. Its a old HSBC debt that MKDP LLP purchased from them and is listed as Current Account on my credit file next to there name the amount claimed is £3300. I have sent off a SAR request to HSBC bank to confirm Dates Etc but i have just filled in all the N244 form for the court and the witness statement and also the draft defence but as i'm not very clued up on all of this kind of thing is there anyone that i could send a copy of my forms over to by PM just to give them a quick going over before i send them off tomorrow morning ? Just knowing my luck ill send them off and it will get laughed out of court any help would be great thanks everyone

[FlamingParrot]

Re: Preparing to get a CCJ Set aside

Hello everyone i set up a page last week for help getting a CCJ set aside against MKDP LLP on the grounds of not receiving the court papers and secondly i believe it was statue barred before they took it to court. Its a old HSBC debt that MKDP LLP purchased from them and is listed as Current Account on my credit file next to there name the amount claimed is £3300. I have sent off a SAR request to HSBC bank to confirm Dates Etc but i have just filled in all the N244 form for the court and the witness statement and also the draft defence but as i'm not very clued up on all of this kind of thing is there anyone that i could send a copy of my forms over to by PM just to give them a quick going over before i send them off tomorrow morning ? Just knowing my luck ill send them off and it will get laughed out of court any help would be great thanks everyone

Why don't you just copy and paste what you've used in your WS and draft defence on here (leaving out any personal details, of course). :typing:

[wenglish1984]

Re: Preparing to get a CCJ Set aside

Thanks yea don't know why i didn't just do that in the first place but anyway edited my details etc so if someone could now take a little look and give me directions if it needs changing thanks again




IN THE NORTHAMPTON COUNTY COURT

Claim No. XXXXXXXX

BETWEEN:

MKDP LLP

Claimant

- and –

Defendant

xxxxxxxxx
_________________________________
WITNESS STATEMENT OF xxxxxxxxxx_________________________________

I xxxxxxxxxx of XXXXXXXXXX and is a Litigant in Person being the Defendant in this case will state as follows;

1. I make this Witness Statement in support of the application for an order that the judgment in this case Claim No XXXXXX With Judgment Dated 26/01/2015 be set aside.

2: CPR 13.3 states (1) In any other case, the court may set aside or vary a judgment entered under Part 12 if –
(a) the defendant has a real prospect of successfully defending the claim; or

(b) it appears to the court that there is some other good reason why –
(i) the judgment should be set aside or varied; or
(ii) the defendant should be allowed to defend the claim.

3. I learnt of the existence of this claim in June 2015 after I was declined for finance and i was advised to contact the 3 credit reference agencies to check my reports on doing so it showed a live CCJ for the amount of £3300 with a judgment date of the 26/01/2015 registered at a previous address that i had moved out of in July 2014
4. My Address changed in July 2014 and i have been registered on the electoral roll since July 2014 showing my correct updated address.
I have never heard off MKDP LLP or received any letters in the past from this company so there was no reason to issue them my new address as like i stated i've only just heard of them and this debt
5. I could not of possibly known of this court date as like stated i did not live at this address and had no knowledge of a debt to MKDP LLP if i had done i would have attended court to contest this debt in full

6: In June 2015 after finding this Debt & Live CCJ on my credit reports to MKDP LLP it clearly shows in black and white that MKDP LLP did a full audit check on my credit reports dated the 16/12/2014 so thats over 1 month before the judgement date which means that they had full access to the correct updated address and that means that there was no reason whatsoever to have sent the court papers to my previous address i believe they did so knowing that i wouldn't be able to respond to the court papers and that they would win the case in my absence as i was not made aware of it as like i stated if i had known about it i would have contested it full

7. I contacted MKDP LLP in June 2015 via a phone call to ask about this CCJ to be told it's a very old Debt to HSBC dated back to the years 2006-2008 they couldn't give me any more information on this debt as they don't have it and they could only tell me that they now own this outstanding balance of £3300

8. I have requested a full SAR request from HSBC Bank as MKDP LLP state they have no information on this debt and i’m awaiting there response i sent that off recorded delivery on 25/06/2015

9. I would have asked MKDP LLP to prove that i owe this debt to them as i have no knowledge of owing them anything and as stated this is the first i've heard of this company and debt and from the dates given i fully believe that this debt MKDP LLP state i owe would be Statute Barred and if i was given the chance to attend court i would have proven so and won the case




Statement of Truth

I, xxxxxxxx, the Defendant, believe the facts stated within this Witness Statement to be true.


Signed: ________________________________

Dated:29/06/2015






IN THE NORTHAMPTON COUNTY COURT

CLAIM No: XXXXX

BETWEEN:

MKDP LLP

CLAIMANT

And
xxxxxxx

DEFENDANT

__________________________________________________ ______Draft Defence__________________________________________________ ______

1. I David Thomas Lewis Have never had any contact from MKDP LLP with regards to a £3300 debt dated from 2006-2008

2. It is denied that the Defendant owes the Claimants £3300 as stated in their particulars of claim.

3. The dates listed for this alleged debt would also mean that the debt would have been unenforceable due to the fact that it was over 6 years old and no acceptance or payment had ever been made to MKDP LLP by myself xxxxxxxx

4. The debt is time barred under the Limitation Act 1980 Section 5 in that the last payment or acknowledgement of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. The claim is fully denied.

5. MKDP LLP Did a full credit report audit on my 3 credit reports on the 16/12/2015 which was over a month before they obtained judgment in my absence due to me not receiving the court papers as MKDP LLP sent them to my previous address that i had moved out of in July 2014 and also being on the electoral roll again since July 2014 and all 3 credit reports showing the correct up to date address so they had no reason to have sent the court papers to the previous address as like i stated they did a full audit on my credit file on the 16/12/2014


I believe the facts stated in this Defence are true.


Signed __________________________

Dated: _____29/06/2015______________

[wenglish1984]

Re: Preparing to get a CCJ Set aside

Also my N244 Form Edited to remove personal details

[nemesis45]

Re: Preparing to get a CCJ Set aside

What type of account is this Credit Card, Unsecured Loan, Current Account/Overdraft.
You need to be able to identify from whence this debt arises. The Start of the LA 1980
relevant 6 year period is not the same for types of debt.
If MKDP can't identify what the debt actually was it will work in your favour.

nem

[wenglish1984]

Re: Preparing to get a CCJ Set aside

It was a bank account with a overdraft glad i asked now then as something like that would have messed it up so thank you

[nemesis45]

Re: Preparing to get a CCJ Set aside

It was a bank account with a overdraft glad i asked now then as something like that would have messed it up so thank you

On an OD/current account the date when the creditor can first Demand Payment in Full with Immediate effect, usually taken as the date the Formal Demand For Payment is Made.

nem

[wenglish1984]

Re: Preparing to get a CCJ Set aside

Right ok so what would you advise i write instead ? As i don't know the exact date HSBC have me down as defaulting but i believe it to be early 2007 which is 8 years ago and ive only just sent off for the SAR Request to HSBC so wont find out for a while but on the 3 credit reports there has never been any accounts to do with HSBC listed only what MKDP have put them selves they have a default date listed as 5th NOV 2009

- - - Updated - - -

Also its listed on my credit reports as MKDP (CURRENT ACCOUNT ) So they must know what the debts for

[nemesis45]

Re: Preparing to get a CCJ Set aside

It was a bank account with a overdraft glad i asked now then as something like that would have messed it up so thank you

SB clock starts ticking on the date the creditor can first demand payment in full with immediate effect, the date OF The Formal Demand .

nem

[FlamingParrot]

Re: Preparing to get a CCJ Set aside

4. The debt is time barred under the Limitation Act 1980 Section 5 in that the last payment or acknowledgement of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. The claim is fully denied.

It was a bank account with a overdraft glad i asked now then as something like that would have messed it up so thank you

Also its listed on my credit reports as MKDP (CURRENT ACCOUNT ) So they must know what the debts for

Overdrafts fall under s.6 of the Limitation Act 1980 because they are loans that do not provide for repayment on a fixed date: http://www.legislation.gov.uk/ukpga/1980/58

6 Special time limit for actions in respect of certain loans.
(1)Subject to subsection (3) below, section 5 of this Act shall not bar the right of action on a contract of loan to which this section applies.
(2)This section applies to any contract of loan which—
(a)does not provide for repayment of the debt on or before a fixed or determinable date; and
(b)does not effectively (whether or not it purports to do so) make the obligation to repay the debt conditional on a demand for repayment made by or on behalf of the creditor or on any other matter;
except where in connection with taking the loan the debtor enters into any collateral obligation to pay the amount of the debt or any part of it (as, for example, by delivering a promissory note as security for the debt) on terms which would exclude the application of this section to the contract of loan if they applied directly to repayment of the debt.
(3)Where a demand in writing for repayment of the debt under a contract of loan to which this section applies is made by or on behalf of the creditor (or, where there are joint creditors, by or on behalf of any one of them) section 5 of this Act shall thereupon apply as if the cause of action to recover the debt had accrued on the date on which the demand was made.

[nemesis45]

Re: Preparing to get a CCJ Set aside

Right ok so what would you advise i write instead ? As i don't know the exact date HSBC have me down as defaulting but i believe it to be early 2007 which is 8 years ago and ive only just sent off for the SAR Request to HSBC so wont find out for a while but on the 3 credit reports there has never been any accounts to do with HSBC listed only what MKDP have put them selves they have a default date listed as 5th NOV 2009

- - - Updated - - -

Also its listed on my credit reports as MKDP (CURRENT ACCOUNT ) So they must know what the debts for

Yes clearly it's a current account so" the cause of action" is the date that the Demand For Immediate Repayment in full was made. If this is still on credit file now less than 6 years have elapsed since the default was registered, OR MKDP has been manipulating credit file data, it has been known to claim that " new default" can be registered from the date the debt purchaser a quires a debt.

The default date will appear on your credit file.

nem

[wenglish1984]

Re: Preparing to get a CCJ Set aside

Yes clearly it's a current account so" the cause of action" is the date that the Demand For Immediate Repayment in full was made. If this is still on credit file now less than 6 years have elapsed since the default was registered, OR MKDP has been manipulating credit file data, it has been known to claim that " new default" can be registered from the date the debt purchaser a quires a debt.

The default date will appear on your credit file.

nem

Thanks for all your help im very grateful so are you saying its not worth me trying to get this set aside as it shows on the credit reports as MKDP 05/11/2009 as the default date which would have made it just over 5 years when they got the judgment ?

[nemesis45]

Re: Preparing to get a CCJ Set aside

Hi, What we need to know is if this default date in 2009 is correct.
I'm always suspicious of MKDP as it tends to change things to suit
itself.

Does the Default Date seem to be correct to you, bearing in mind
that the " Demand for Payment" was quite possibly some time prior
to the default being registered.

How long ago did you send the SAR to HSBC?

Personally I would be inclined to give HSBC data control a ring to see if they
can throw a light on the default date original registered.

Don't give up yet!!

nem

[wenglish1984]

Re: Preparing to get a CCJ Set aside

Hi, What we need to know is if this default date in 2009 is correct.
I'm always suspicious of MKDP as it tends to change things to suit
itself.

Does the Default Date seem to be correct to you, bearing in mind
that the " Demand for Payment" was quite possibly some time prior
to the default being registered.

How long ago did you send the SAR to HSBC?

Personally I would be inclined to give HSBC data control a ring to see if they
can throw a light on the default date original registered.

Don't give up yet!!

nem

No the default date is no where near correct the last i used that account before they stopped my cards etc was in 2007 as it was when my daughter was born so i remember it quite well and HSBC never reported anything to the credit reference agency's so i'm guessing MKDP are just making up a date would it really take them nearly 2 years to get a default recorded ? I only sent off the SAR request on Friday so its going to be ages yet so ill ring HSBC data Control to see what they say. With regards to this n244 form etc im on a low wage with children so qualify for the fee remission by the looks of it its all filled out etc so can i just send everything off today without the part about being statue bared ?

[nemesis45]

Re: Preparing to get a CCJ Set aside

Yes I think it's worth doing.
There have been numerous cases of " manipulated "
Default Dates, a default should be registered within
6 months of the cause of action and if I remember
correctly HSBC were pretty swift in registering defaults.
Wait until you have tried HSBC I think.

nem