STRUCK OUT !!! MKDP LLP (HSBC) Northampton CBCC Claim

[Amethyst]

Re: MKDP LLP (HSBC) Northampton CBCC Claim- Urgent help needed please!

lol, phew. Let us know what court says. N180 should be pretty straight forwards.

[eskimo1610]

Re: MKDP LLP (HSBC) Northampton CBCC Claim- Urgent help needed please!

lol, phew. Let us know what court says. N180 should be pretty straight forwards.

Having called the court,someone there has put it on the wrong track,they said I have to fill out a N181 form instead asking it to be moved track as they agreed it's on the wrong track,it needs to be on the small claims track.

Wkth the strike out form,how many hours/mins for the hearing do I put? Can I put n/a?

[eskimo1610]

Re: MKDP LLP (HSBC) Northampton CBCC Claim- Urgent help needed please!

Ok so here the latest with my case....

Im currently suffering very bad depression and debilitating migraines(majority from stress from all this) so as you can imagine getting out of bed can be a problem but I go and check my post yesturday to find an actual piece, yes the very first ever corrispondance from mkdp containing the directions questionnaire, the court will be in contact in due course etc, exactly the same garbage as everyone else gets.

The only thing is,as I was sent the wrong form putting it on the fast track, so did they,in their directions in the 'is this on the correct track? ' they have ticked the yes box!

Now is this deliberate or just theyre stupid staff?surely they have done enough cases by now to know what track they should be on. I'd never been taken to court and knew it should be on the small claims track!


They've also ticked theyd prefer to settle out of court(yeh bet you would as Ive never owed you anything!), they would be representing themselves at a hearing(wouldnt hire anyone as you wouldn't have a hope in hells chance in winning) that would last no more than 3 hours and that they again definitely followed pre action protocol(lie!)

Now only reason I haven't already applied for the strike out is that I had to pay for my car to be mot'd and that took priority of course,im just finishing the bits to attatch to the application then it can go off,can I mention the affect on my heath in any of it?

Really cant do much more of this,3 months is enough,Ive never owed a debt to these people, they didnt reply to my defence at all yet they can lift the stay and just keep the case going and just cause my mental and physical health to deteriorate.

Just like every one else they have NEVER showed any form of proof for this case.

We need to stop this disgusting company.

[eskimo1610]

Re: MKDP LLP (HSBC) Northampton CBCC Claim- Urgent help needed please!

Anyone?

[Amethyst]

Re: MKDP LLP (HSBC) Northampton CBCC Claim- Urgent help needed please!

Just complete yours asking it to be moved into small claims (will help you) MKDP are a little bit stupid. Did MKDP do some draft directions with theirs ?

[eskimo1610]

Re: MKDP LLP (HSBC) Northampton CBCC Claim- Urgent help needed please!

I've attached their directions, so I fill in the N181 and say it's on the wrong track it needs to go on the small claims etc?

Sorry if I seem slow and desperate I'm just at the end of my tether, i'm now on more medication because of these muppets, it's harassment, just through the courts I need to stop them asap.

[eskimo1610]

Re: MKDP LLP (HSBC) Northampton CBCC Claim- Urgent help needed please!

Thought I'd post the directions questionnaire for you to see Amethyst.

[eskimo1610]

Re: MKDP LLP (HSBC) Northampton CBCC Claim- Urgent help needed please!

Part 2 with Draft Directions. Do i need to do draft directions? this is a nightmare and i cant deal with it, i'm stuck even on the directions questionnaire, no i don't want to settle the claim,no claim has ever existed!

[Amethyst]

Re: MKDP LLP (HSBC) Northampton CBCC Claim- Urgent help needed please!

Part 2 with Draft Directions. Do i need to do draft directions? this is a nightmare and i cant deal with it, i'm stuck even on the directions questionnaire, no i don't want to settle the claim,no claim has ever existed!

Their directions and N181 are standard for fast track claims. I'll try suss out exactly how you argue the track at this stage, we don't just want to agree those directions, we need to do our own directions and send a copy to the claimant and the court. I think we enter the reasons why its in the wrong track in the other information box.

I'll check if doing that is okay.

[Amethyst]

Re: MKDP LLP (HSBC) Northampton CBCC Claim- Urgent help needed please!

Okay N181

B2 - Yes - put your local court

D2 - just write - Small Claims Track

F - Witnesses - just put yourself

G - Time estimate - less than 1 day - 1 hour


Then the draft directions.... give me ten xx

[Amethyst]

Re: MKDP LLP (HSBC) Northampton CBCC Claim- Urgent help needed please!

IN THE XXXXXXXXXXXXXXXXX COUNTY COURT

Claim No. XXXXXXXX

BETWEEN:

XXXXXXXXXX

Claimant

- and –

Defendant

XXXXXXXXXX

_________________________________

DRAFT DIRECTIONS
_________________________________

DISTRICT JUDGE sitting at NORTHAMPTON (CCBC) COUNTY COURT 4th Floor, St Katharines House, 21-27 St Katharines Street, Northampton NN1 2LH

ORDERED THAT:

1: The claim is allocated to the Small Claims Track.

2: The Claimant shall by 4pm on .................................... 2014 (7 days from the date of this order) provide the Defendant copies of the following documents mentioned in the Claim Form;

a) The Credit Agreement
b) The Default Notice
c) The assignment

3: If the Claimant fails to comply with paragraph 2 the Claim shall stand struck out without further order.

4: Upon the Claimant complying with paragraph 1 the Defendant shall file and serve his Defence by 4pm on.................................... 2014. (21 days after compliance with para 1)

[eskimo1610]

Re: MKDP LLP (HSBC) Northampton CBCC Claim- Urgent help needed please!

Okay N181

B2 - Yes - put your local court

D2 - just write - Small Claims Track

F - Witnesses - just put yourself

G - Time estimate - less than 1 day - 1 hour


Then the draft directions.... give me ten xx

That's great thanks, question 1, do i put yes or no? I don't know which to put, i want the claim to end,does this mean settle? if so i guess this means i tick yes!

[Amethyst]

Re: MKDP LLP (HSBC) Northampton CBCC Claim- Urgent help needed please!

Do you mean A - settlement?

I'd put No and in the details box that it is impossible to even begin negotiation until you have some information about the debt and evidence that it even exists.

[eskimo1610]

Re: MKDP LLP (HSBC) Northampton CBCC Claim- Urgent help needed please!

Do you mean A - settlement?

I'd put No and in the details box that it is impossible to even begin negotiation until you have some information about the debt and evidence that it even exists.

Well i'm saying no to resolving it in any way for the reasons you've said amongst others, so my answer is no to question 1. Do i put my reasons for saying no as the fact they've showed no evidence, the account number isn't mine etc etc?

In question I - 'Do you intend to make any applications in the future?' I've put strike out application and been honest as i thought this was a good idea?

In the box at the bottom for 'any other information' is this where i can put information about them not replying to my defence, not following pre action protocol and they still havnt provided a correct account number.

The court told me to put the N181 and the strike out application in the same envelope so i guess that's what ill do!

[Amethyst]

Re: MKDP LLP (HSBC) Northampton CBCC Claim- Urgent help needed please!

I think the strike out opportunity is passed, they have had the stay lifted and returned the allocation questionnaire. I'm going to have to have a good read back.