Preparing to get a CCJ Set aside

[wenglish1984]

Re: Preparing to get a CCJ Set aside

Right very unhappy Just got off the phone to HSBC collections and she found all my account details straight away the date MKDP have is correct the date of the 5/11/2009 is the date it was fully closed down by HSBC and sold to another debt collection agency called metropolitan and MKDP purchased it at a later date off them. The lady stated i last used the account in February 2009 for a ATM Withdrawal. Yet as the account was left open she did state i had a made a call asking for financial help in February 2009 and that was the last they heard from me. She went onto say that from February 2009 - November 2009 there was lots and lots of returned direct debits and standing orders and as there was no money in the account there was charges applied every time and every month along with the informal overdraft fees they applied every month she said that had been going on for 9 months is that even legal to keep applying fees and charges knowing full well the account is in problems ? she then went onto say that she dose not know the amount of charges and intrest that was applied but said it looks an awful lot. She said there was a £2k overdraft on the account and the amount owing when the account was closed was a balance of £3145.36P so if im right thats well over a £1k in fees and charges so i'm at a loss now and don't no what to do or say i really thought id have a good case but looks like MKDP win

[Debt Camel]

Re: Preparing to get a CCJ Set aside

It sounds as though you are unlikely to be able to prove it is statute barred.

However you may have a case to query the HSBC added charges and you have been denied the chance to do this before the CCJ was issued because you didn't get the papers.

One option would be to write to MKDP and put in a formal complaint, saying they were aware of your correct address but put an old address on the court papers. Say if you had received the claim form you would have defended it as you dont believe the charges added by HSBC are correct and also the debt is likely to be statute barred.

Then say that you intend to apply for a set aside on the grounds that the debt is statute barred and ask for their written assurance that they will (a) not challenge the set aside and (b) not take any further action on the case afterwards and (c) not sell the debt onto anyone else.

Add that if they do not agree to this you intend to put in a complaint to the Financial Ombudsman and the Financial Conduct Authority on the basis that by using an address they knew was wrong you have not been treated fairly.

[wenglish1984]

Re: Preparing to get a CCJ Set aside

So fingers crossed all is not lost ive just sent MKDP a email to there complaints team ill update when and if i get a reply thank you again for all your advice

[nemesis45]

Re: Preparing to get a CCJ Set aside

I think you should have a word with the ICO considering HSBC new In Feb. 2009 that the " relationship" had broken down irretrievably at that point I a agree that it is unfair and unreasonable to wait 9 months before either sending a Demand For Payment in Full or formally default the account.
So give the ICO a call and get their opinion on this, mine is that the account should have been recalled sooner and immediately defaulted given the bank had knowledge of your situation I'd be looking for a backdated default.

nem

[wenglish1984]

Re: Preparing to get a CCJ Set aside

It sounds as though you are unlikely to be able to prove it is statute barred.

However you may have a case to query the HSBC added charges and you have been denied the chance to do this before the CCJ was issued because you didn't get the papers.

One option would be to write to MKDP and put in a formal complaint, saying they were aware of your correct address but put an old address on the court papers. Say if you had received the claim form you would have defended it as you dont believe the charges added by HSBC are correct and also the debt is likely to be statute barred.

Then say that you intend to apply for a set aside on the grounds that the debt is statute barred and ask for their written assurance that they will (a) not challenge the set aside and (b) not take any further action on the case afterwards and (c) not sell the debt onto anyone else.

Add that if they do not agree to this you intend to put in a complaint to the Financial Ombudsman and the Financial Conduct Authority on the basis that by using an address they knew was wrong you have not been treated fairly.

QUICK UPDATE

I have just received a response from MKDP LLP via email after sending them in a complaint last week via email stating above what you recommended me to put to them its been going back and for as they had to prove it was me they were taking to etc but i emailed them again yesterday to ask the to reply ASAP as i'm waiting to send of the N244 forms off to get the set aside in place and wanted there response for my statements etc and below is what there email stated this morning also sent from a diffrent email address they responded from last time its now showing as compellogroup.co.uk


Good morning,

Thank you for your email.

I can confirm you account is on hold and we are investigating your complaint.

Once our investigation is complete we will update you accordingly.

Kind regards

Matthew smith
MKDP LLP

[nemesis45]

Re: Preparing to get a CCJ Set aside

Good, let's hope they see sense.
New Group taken over Compello/MKDP may make a difference.

nem

[FlamingParrot]

Re: Preparing to get a CCJ Set aside

QUICK UPDATE

I have just received a response from MKDP LLP via email after sending them in a complaint last week via email stating above what you recommended me to put to them its been going back and for as they had to prove it was me they were taking to etc but i emailed them again yesterday to ask the to reply ASAP as i'm waiting to send of the N244 forms off to get the set aside in place and wanted there response for my statements etc and below is what there email stated this morning also sent from a diffrent email address they responded from last time its now showing as compellogroup.co.uk

That's because Compello Group have just bought MKDP.

[nemesis45]

Re: Preparing to get a CCJ Set aside

That's because Compello Group have just bought MKDP.

Totally Wrong!!

Compello Group is and has been MKDP and the other companies in the group.

Hoist Portfolio headed in the UK by Najib Nathoo has acquired the Compello Group.

Ms Sara Lambert continues as CEO at the Compello Group.

[wenglish1984]

Re: Preparing to get a CCJ Set aside

I have just found Sara Lambert's email address is it worth me sending her a email also ? or shall i just leave it how it is ?

[wenglish1984]

Re: Preparing to get a CCJ Set aside

Evening everyone just looking to tell you where i'm at now with MKDP & HSBC and the court anyway iv'e had my SAR request back today after receiving a letter from HSBC 2 weeks ago asking me to go into branch to show my ID and update my signature as it did not match which is correct as i changed my signiture a few years ago before they issued my SAR details which i did in my local branch and it finally all arrived today along with the return of my £10 Postal order as they said there is not enough information on me to charge me £10 all they had on me was a application from 2014 thats it no bank account details nothing which is extremely strange as HSBC gave me a final answer on my complaint and had details on the account ? The letter from HSBC regarding my complaint had very conflicting information that i did not agree with and also very unhappy that they sent all my statements and complaint details to my old address even though they had my new address so Data Protection went straight out of the window. Also i did a HUGE school boy error and did not take a copy of my Credit Report where it showed MKDP did a audit in December 2014 because its now vanished from my credit report and MKDP LLP are asking for proof before they look at my complaint and stating they have no record of a audit the credit reference agency stated they can update and remove when they please so its 2 nil to MKDP. I had not heard from the court so rang today to be told the forms been sent back as i have not sent enough information to have the fees waived and want more bank statements etc so i'm back to square one with everything

[nemesis45]

Re: Preparing to get a CCJ Set aside

Hi,

This sounds suspiciously like MKDP manipulating credit file data to suit it's own purposes.
Which CRA did you use? It may be worth checking Noddle (free online) or one of the many online agencies that garner their data from the main agencies to see if any data remains. Is there no archived data facility on the agency you used?

nem

[wenglish1984]

Re: Preparing to get a CCJ Set aside

Yes something is not right and in a way im glad the court have sent the forms back as i stated on there i had proof of this audit which now i haven't but to answer your question i have been using all 3 CRA'S and also checkmyfile which uses all 3 and it was on there that it showed AUDIT under searches all that shows now is that on the same date 16/12/2014 is that all they did was update my equifax file and that was the last time they reported to them but have been updating every month since on experian and callcredit last being june 2015. I have contacted all 3 and they have no record of them doing a audit but they also stated that MLDP could have removed it if it was done in error Also Do you know if by HSBC having no info on this SAR request to support this MKDP debt would that go in my Favor ?

[nemesis45]

Re: Preparing to get a CCJ Set aside

Hello Wenglish,
Yes I think this " audit" search is significant and I'm inclined to suggest that you raise a Formal Complaint with MKDP which obliges them to fully investigate and respond within 56 days, the time scale seems long but responses are usually much quicker.

nem

[wenglish1984]

Re: Preparing to get a CCJ Set aside

Well little update today ive received a letter from MKDP to my new address that I moved to in July 2014 regarding my complaint that I emailed them in June stating that they don't agree with my complaint and I'm still liable for this £3300 debt. I find this very strange as I've never given them my new address and they have not done any searches on my credit reports since this AUDIT check that was done in December 2014 4 weeks before they got the CCJ and registered it at my previous address which has now vanished from my credit report and are fully denying ever doing this audit so quite how they have found my address now without doing any checks is quite funny and hopefully will go towards all the other bits I have ready for court to show how this company operate

[wales01man]

Re: Preparing to get a CCJ Set aside

Its not difficult for the likes of DCAs to get someones address its quite easy for all of us to find the addresses of some people don't think it matters much in your complaint .

If its not your debt or is SB whats the problem?