MKDP LLP v's ij28 - County Court Business Centre Claim

[ij28]

Hi

I am new to this forum, I hope someone can help. I have read some of the information posted about Court Claims but it all seems very daunting to me.

My husband has just received a Court Claim Form from

MKDP LLP
Issue Date: 05 Feb 2016

ccj.jpg

My husband suffers from depression and I have found out that he has not opened any letters in years, he has advised me that any letters in his name only have gone straight into the bin! If I had known this was happening then I would have intervened sooner.

He tells me that this relates to a credit card he had for approximately £4000 and now this debt totals £6700!! He cannot remember when he last made a payment and advises me he has not liaised with MKDP at all.

My husband does not have much of an income as he has just recently started working for himself as part of his recovery. I have supported the family for the most part of the last 4 years with only my income. I am worried we may lose our home.

My questions are:

• Can I act on his behalf
• Can I dispute some of the amount as the original debt was approx. £4k or does he have to incur all those additional costs as they seem somewhat unreasonable.
• Will we lose our home as we cannot afford to pay this.

Any help appreciated.

Regards

HJ

[ij28]

Re: MKDP LLP v's Johnson - County Court Business Centre Claim

Hi

I have subscribed to Noddle and checked the information regarding this debt:

It states:

Hoist Portfolio Holding 2 Limited
Opening balance £ 4,947 Repayment frequency
Monthly

Date of default
12/12/2012

Default balance £ 4,947

[ij28]

Re: MKDP LLP v's Johnson - County Court Business Centre Claim

hi, can anyone help with advise on this please as I have no legal knowhow myself. I have sent the two letters off as advised on this site. But I am not sure what to look for when they come back.

[EXC]

Re: MKDP LLP v's ij28 - County Court Business Centre Claim

I'll give [MENTION=6]Amethyst[/MENTION] a shout.

[Amethyst]

Re: MKDP LLP v's Johnson - County Court Business Centre Claim

Morning IJ28 xx

So the debt won't be statute barred.

So you have acknowledged the claim,. and sent off the CCA and CPR letters. That's a great start

As this is a credit card then the claimant will need to provide a copy of the credit agreement. If they don't they can't enforce. If they do, they can ( if it is compliant - but tbh most are compliant nowadays)

The CPR request is asking for documents to show that the default notice was sent and complies by giving the correct details and amount of time, and the notice of assignment, to show that the claimant does actually have the rights to the sum claimed.

Do you know who the original credit card account was with and when abouts it was opened? ( ahh just noticed HSBC )

The claimant shouldn't be asking for interest from the 12/12/12 the date of default - it should only be calculated from the date of assignment to Hoist/MKDP - which they don't give in the particulars of claim.

You can negotiate outside of court if they come up with the documents, under what's called a Tomlin Order - this would be for payments by installment monthly with the claim on hold in the court system in case you default - and then they could obtain judgment and look at enforcement ( like a charging order). This does NOT mean you will lose you house at all... just that they secure the debt on your house and they get paid if/when you sell while you keep making installment payments at an affordable rate set by the court.


Are there many other debts hubby has been hiding letters for that you can intervene on and deal with before it gets to a court stage?

You can't act FOR him, but you can help him with everything and if it did end up at a hearing then you could ask the court if you can speak on his behalf but he would need to attend with you.

[charitynjw]

Re: MKDP LLP v's ij28 - County Court Business Centre Claim

Hi ij28, welcome to LB.

Any idea who the original lender was? (Who the money was borrowed from in the first place - it won't be MKPD)

[ij28]

Re: MKDP LLP v's ij28 - County Court Business Centre Claim

Thank you for the help, it has put my mind at rest somewhat.
It was HSBC credit card.
I noticed on his Noddle file that there are also two smaller debts left unpaid so I will insist on all of the post going forward so that I am able to deal with them too, however I do not know where they originated from as they seem to be with debt collection agencies now.

[ij28]

Re: MKDP LLP v's ij28 - County Court Business Centre Claim

[MENTION=6]Amethyst[/MENTION] I did not sent the letters registered, should I have done?

[nemesis45]

Re: MKDP LLP v's ij28 - County Court Business Centre Claim

@Amethyst I did not sent the letters registered, should I have done?

Signed for post is best, but 1st Class with free proof of posting is ok.
The time scale for compliance with a CCA request is 14 Working Days
the starts from the date the claimant receives the request so you can
calculate roughly when the time runs out.

CPR has a 7 day timescale for compliance.

nem

[ij28]

Re: MKDP LLP v's ij28 - County Court Business Centre Claim

letter.jpg

Hi, I have received this back so far.
Any comments?

[nemesis45]

Re: MKDP LLP v's ij28 - County Court Business Centre Claim

[ATTACH=CONFIG]22553[/ATTACH]

Hi, I have received this back so far.
Any comments?

OK, you need to inform the court of the agreed extension in writing asap e-mail with a copy of the letter attached
is ok, just ask for confirmation of receipt.

nem

[Amethyst]

Re: MKDP LLP v's ij28 - County Court Business Centre Claim

Generous of them.

I would reply something like....



Thank you for your letter. For the avoidance of doubt please confirm by return of post that your client is agreeing to an extension of the maximum 28 days pursuant to CPR 15.5. If so i shall endeavour to notifiy the court accordingly and I will be filing my Defence before the XXXXXXX ( 28 days after original defence date) X/2016.

For your reference CPR 15.5 reads as follows

Agreement extending the period for filing a defence

15.5

(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.

(2) Where the defendant and the claimant agree to extend the period for filing a defence, the defendant must notify the court in writing.''


Kind regards

xxxxxxxxx

[ij28]

Re: MKDP LLP v's ij28 - County Court Business Centre Claim

15.5

(1) The defendant and the claimant may agree that the period for filing a defence specified in rule 15.4 shall be extended by up to 28 days.

Does this mean that the solicitor cannot extend past the 28 days to drag things out?
Can you clarify 28 days from which date, is it their letter response to me?

[Amethyst]

Re: MKDP LLP v's ij28 - County Court Business Centre Claim

The 28 days is from the date you are due to file your defence ( 33 days from the date of issue printed on the claim form )

The like to drag it out as if they discontinue after a defence there are sometimes cost implications and a barr on bringing a claim later based on the same cause of action.

However a 28 day extension agreed between parties makes you look incredibly reasonable to the court - and them look a tad crap if they can't get the documents within 54 (odd) days after issuing a claim, particularly when they should have had sight of them before commencing the claim anyway.

[ij28]

Re: MKDP LLP v's ij28 - County Court Business Centre Claim

The date on my Claim Form is 5th Feb therefore 33 days later is 9th March.

Thank you for clearing this up. I don't want to make any mistakes.

Should I inform the courts today of the agreement I have received so far, awaiting the avoidance of doubt confirmation?

Regards