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

[Amethyst]

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

Amend the defence to suit. This is just an example based on what you have said so far.


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The defendant admits she held a current account with HSBC which was opened in/around XXXXXX 2007. The account number referred to in the claim is not the account number of that account.

The account was a basic bank account and there was no overdraft facility available, nor did the defendant have a debit card for use on the account.

The defendant closed the account in February 2008 and there was no debt owed.

In addition, the defendant contends the claimant is out of time for bringing this action as any debt that may have been owed, which is denied, is statute barred pursuant to the provisions of Section 5 of the Limitation Act 1980. Over 6 years have elapsed since any cause of action may have occured.

The defendant has never received any letters or paperwork from the claimant regarding this debt prior to receipt of this county court claim. The claimant has not complied with the pre-action protocols.

The Claimant's claim that he is entitled to payment of £xxxxx, or any other sum, or relief of any kind is denied.

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[eskimo1610]

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

Amend the defense to suit. This is just an example based on what you have said so far.

Thankyou for that example,i'm just drafting my own copy with a few bits added.

I wasn't going to mention this until i was sure but I've just had confirmation from both equifax and noddle that what i saw on my noddle credit report was indeed true, MKDP have been adding a default EVERY month since December 2011! (im told this is why my credit file is so up something creek for not very many reasons!) I've attached the noddle screen shot to show in-case someone can help me with it.


Is this something else i can use to help me with my defense? either at this point or later?

Thanks.

[eskimo1610]

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

Hello,
thank-you once again to everyone who replied to my original post.

I received a letter from the courts last week with the standard 'your defence has been filed, the claimant now has 28 days from April 22nd to reply etc'

I called the courts as the citizens advice with their limited knowledge seemed to think with the claim having the wrong account number and also the claim being statue bared that i should apply for a strike out now via an n944 form? As i receive tax credits i believe this would be free to file for but i'm wondering if anyone could advise on when to do this?


I was going to wait until day 28 ie the 19th May but i'm a but unsure now!

If i can do it now i will do it asap but i was sure i had to let the claimant have their 28 days,i wish i didn't have to as my anxiety is through the roof,i sit and watch the letter box each day, it's like going back 6 odd years,really quite scary but unfortunately apart from complain about these idiots to the official body's i cant see what else i can do about them.

Any further help would be great,the sooner this is over the better.

[eskimo1610]

Re: MKDP LLP (HSBC) Northampton CBCC Claim- Urgent help needed please! Updated 10th

Can anyone give me a bit of help me with the above? im getting desperate, anything is appreciated!

[Amethyst]

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

Okay - the default is just the latest status, it isn't a new default every month. It will drop off 6 years after it defaulted originally.

[Amethyst]

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

Hello,
thank-you once again to everyone who replied to my original post.

I received a letter from the courts last week with the standard 'your defence has been filed, the claimant now has 28 days from April 22nd to reply etc'

I called the courts as the citizens advice with their limited knowledge seemed to think with the claim having the wrong account number and also the claim being statue bared that i should apply for a strike out now via an n944 form? As i receive tax credits i believe this would be free to file for but i'm wondering if anyone could advise on when to do this?


I was going to wait until day 28 ie the 19th May but i'm a but unsure now!

If i can do it now i will do it asap but i was sure i had to let the claimant have their 28 days,i wish i didn't have to as my anxiety is through the roof,i sit and watch the letter box each day, it's like going back 6 odd years,really quite scary but unfortunately apart from complain about these idiots to the official body's i cant see what else i can do about them.

Any further help would be great,the sooner this is over the better.

The form would be a N244 application, however your defence is fine and I don't believe an application is necessary. See if they respond to continue the claim - which will basically mean they must demonstrate that it isn't statute barred and that there is a debt in existence.

An application would also result in a hearing on the same issues, and may just prolong things further, so I'd just stick with what you have done, give the court a call after the 19th to see if there has been a response, then come let us know.


Regarding court fees - you'd need to look through the EX160 form which gives you details on fee remission.

[eskimo1610]

MKDP LLP (HSBC) Northampton CBCC Claim- Update - claim stayed!

Hello,

As I thought would happen mkdp never replied to my defence, they were even given an extra 7 days by the court.

The woman from the court even remarked 'not another dud claim from this company, they just keep making more claims and then they get thrown out a few months later' says it all really! :tung:

The claim is now stayed as of the 27th May and as I want this to go away for good I think I need to go for a strike out,the cost isnt a problem as I receive working tax credits so I dont have to pay.

If I do go for this option I have these questions about filling in the n244 application I have infront of me, if anyone could help I would appreciate it a lot.

• Q3. I know im asking the court to strike the case out but is this due to mkdp bringing a case about a debt that didnt exist and/or that it was statue barred and they didnt reply to the defence?
•Q4. Have you attached a draft hearing? What does this need to say?
•Q5. A hearing, do I really need to attend this by phone or in person or can a strike out hearing be done in my absence? I ask as my mental health problems make it very difficult to leave the house and I can have panic attacks on the phone with people I don't know. If it can be done without me I will just tick hearing.
•Q6. How long will the hearing last? I have no clue about this! Obviously not agreed by both parties.
•Q7. Sarah Lambert is the person im guessing needs to be named as she 'signed' the original claim.
•Q8. Level of judge needed, is this a county court judge?
•Q10. What information am I relying on? Really struggling which box to tick and what exactly to write in that big box!

Sorry if these have been answered elsewhere I have looked around but I dont want to get it wrong and I haven't seen an identical case to mine where there was several things wrong with the claim eg,wrong account number that didnt belong to me,debt didnt exist,statue barred for bringing any court action etc.

Thankyou in advance for help!

[Amethyst]

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

So MKDP just haven't responded to your defence at all and courts given them an extra seven days and still nothing, so you want to get the claim struck out so you have some closure, understandable. I think it would be fine being dealt with without a hearing as it should be quite straightforward.

Let me sort out a bit of a draft for you xxx

[eskimo1610]

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

Correct,correct and correct!

Thanks so much for your help, a draft would be brilliant.

[Amethyst]

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

You know you mentioned the court gave them 7 extra days to respond ? Do you have that on an order ? If so can you type up the text of the order pls.

[eskimo1610]

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

The extra time bit was off the record so cant use it on the strike out, they gave them extra time by mistake they said. I dont have any orders, I only know the claim was stayed on the 27th May from calling today,they're 28 days were officially up on the 19th.

[eskimo1610]

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

I forgot to mention when I called the courts and it was mentioned that this company had had a number of cases struck out recently and that the cases were without merit, they mentioned a 'civil restraining order' Having done a bit of research on this I wanted to ask Amethyst, about it?
I'm yet to see a case where they have actually followed pre action protocol and lost count of the amount of times ive now seen people like me getting the claims for debts that either never existed, never heard of mkdp and they rarely(if ever?) provide the paperwork asked for with the 3 letters.

I've seen more than half a dozen mkdp cases that have ended in a judge striking it out one way or another from them not replying to a defence or them stalling claiming they're getting paperwork that never comes to light. Isnt this more than enough for a civil restraining order? If it is ive seen the n19 forms, which are blank versions of the orders but it looks like only a judge can issue it as theres no forms as such to be able to apply for one?

[eskimo1610]

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

I feel like im pestering but I need to file the strike out on Monday am,the courts been paid, theyre just waiting for me to fax the application through. Any help filling it in and info is appreciated!

[eskimo1610]

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

Can anyone help me with this application/order? Really desperate to file it Monday so I can stop the anxiety and get this whole thing ended!

Just to clarify the fee for a strike out for not replying to the defence is definitely £50 without a hearing and not £150+? The court told me 50 last week. I only ask as although I am in receipt of tax credits and get fee remission but until hmrc sehd me this years tax credit award paperwork I cant claim it back. Im struggling to spare 50 for a few weeks but definitely couldn't do more!

Again thanks for any help.

[eskimo1610]

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

Ok everyone I need help urgently.

While finishing the paperwork for striking out mkdp this morning, what falls through the letterbox....

'Notice of proposed allocation to the fast track' with the directions questionnaire.

Last thing I knew the claim was stayed as mkdp never bothered to reply to my defence so I was applying for the strike out.
Having called the court,they again said theyre sick to the back teeth of mkdp and all they had to do was pay the £50 to lift the stay, they havnt ever provided any evidence. They previously tried to lift the stay the day after it was granted but it was denied.

The court advised I go ahead with the strike out asap which im more determined than ever now,I just need help with question 10,what information am I relying on? I'm not sure which of the three is the best choice in my circumstances.

Obviously im going to add in to the evidence that mkdp didnt bother replying to my defence to say if they wanted to carry on ,6 weeks its taken them to apply for this lift still with absoloutly no contact to me!

HELP!