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

[Amethyst]

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

I have to say it is a bit odd the court passing opinion on the claimant and they really shouldn't offer any kind of legal advice at all - so that is a little bit concerning in itself. The ''civil restraining order'' bit particularly.

I'll read back through the thread and check exactly what your position is.


The application would be £50 for without a hearing yes.

[Amethyst]

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

Okay - could you post up the full actual defence you entered pls. Then we can look at completing the N181.

[Amethyst]

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

And why the f*ck is it in fast track ?? - the claim is for under £1500 - a long way under the small claims limit of £10k.

[eskimo1610]

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

Thanks for replyi,i think they felt sorry for me,I know they're not meant to advise , they said they're just getting tired of them now.

Heres the defence I filed,like I said mkdp didn't reply so it was stayed on May 27th ,they still have never contacted me. They claim the debt is £1551.77 with the £65 court costs added in,funny how they bothered to update my credit file but not to reply to the claim!



'I,The defendant,************** admits she held a business current account with HSBC which was opened in August 2007. The


account was a basic business bank account,there was no overdraft facility available, nor did i have a debit card for use on


the account, only a cash card meaning i could not make transactions other than withdrawing/depositing cash.


I do not recognize the bank account details refered to in the particulars of the claim and is not that of my bank account


not any account i have ever held.


To the best of my knowledge a conclusion came to the account with a £0 balance and since asking for said closure of the


account i have never been contacted in any way.


I have not been contacted in any way or received any letters or paperwork from the claimant or HSBC regarding any debt


prior to receipt of this county court claim so therefore the claimant has not complied with any of the pre-action


protocols that are required before bringing making a claim.


In addition to the above i contend that the claimant MKDP - LLP is out of time for bringing this action as any debt that


may have been owed, which is denied, would be statute barred pursuant to the provisions of Section 5 of the Limitation Act


1980. Over 6 years have elapsed since any cause of action or contact have occurred.


The Claimant's Sarah Lamparts claim that she is entitled to payment of £1551.77, or any other sum, or relief of any kind is


denied due to no monies being owed and also that the bank account specified on the particulars of the claim did not belong


to me.'

[Amethyst]

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

hmmm nothing major in there. Would you be able to post a copy of the notice of allocation you received?

[Amethyst]

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

Definitely this form that you have been sent?

[Amethyst]

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

Just for reference:

A Civil Restraint Order (CRO) is an order issued against people who have had more than one court claim or application dismissed or struck out for being totally without merit. Details of these orders are published as a matter of public record. The order prevents that person from issuing further claims or making applications in some or all of the county courts in England and Wales and also in the High Court, without first getting the permission of the judge named in the order.

If the Judge Orders a General Civil Restraint Order (GCRO), the order is applicable to all the county courts and the high court.
If the Judge orders an Extended Civil Restraint Order (ECRO), the order is limited to a specified group of courts.

• General Civil Restraint Orders in force
• Extended Civil Restraint Orders in force

[eskimo1610]

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

Nope its an N181 Form,the bit that mentions fast track is the cover page that says 'Notice of allocation to the fast track'

I dont have a scanner at the minute otherwise I would just scan the front page but it says the following:

'Important notice, if you do not comply with this notice the court will make such order as appears to be appropriate. This could include striking out the claim or entering judgment.

TAKE NOTICE THAT
1.This is a defended claim. The defendant has filed a defence.
2. It appears that this case is suitable for allocation to the fast track.
(If you believe this track is not suitable for the claim, you must complete box D2 on the directions questionnaire (form N191) and explain why.
3. You must by July 17th
a. complete the directions questionnaire (form n191) file it with the court office and serve copies on all other parties.
b. attempt to agree directions with all other parties.
c.file proposed directions(wether or not agreed) with the directions questionnaire.



Is the above by any chance what was sent to mkdp,as it's telling them in part about me filing my defence etc? Is this just my copy above?





With the civil restraint order,know all about the actual order but know one including the county courts seems to know how to go about actually getting one put in place, ie does a judge just have to do it,does a member of the public make an application. Seems to be a grey area.

[Amethyst]

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

http://www.justice.gov.uk/courts/pro...pd_part03c#N19 regarding Civil Restraint Orders. I think it's down to the court to deal with that off their own backs.


What's the N191 ?

[Amethyst]

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

D2 - yes I think we should argue for it to go into small claims as fast track isn't appropriate for a simple money claim based on a contract. There must be a reason they have allocated it to fast track but I'm burgered if I can think why for the moment.


Both parties to the claim complete the form, just the claimants have to pay the fee though.

[eskimo1610]

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

http://www.justice.gov.uk/courts/pro...pd_part03c#N19 regarding Civil Restraint Orders. I think it's down to the court to deal with that off their own backs.


What's the N191 ?

Sorry meant n181, the county court in Leicester called me earlier, after id called them enquiring about the civil restraint order application, they asked if with my strike out application form could I include a letter to the judge detailing what I know about this company,my experience with them(or rather lack of before this) and most importantly bringing to his attention the amount of cases they are bringing without merit that have been struck out. Sounded very hint hint to me!

[mystery1]

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

Phone the court. It could be an "admin error"

M1

[eskimo1610]

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

Phone the court. It could be an "admin error"

M1

I called the ccbc this morning, they said the stay was lifted on 16th June after being declined on the 28th and they had paid £50 to lift it but had given no evidence to do so. Should I be asking if it's an error?

[Amethyst]

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

I think M1 may mean that it has been allocated to fast track - we should ask on the N181 (sec D2) for it to be moved to small claims. Unless there is some reason they have put it in fast track because they want you to mention the civil restraint order? I am pretty sure the Judge/Court are meant to do this off their own back. But we can try gather together cases involving MKDP to give to the court separately to your case, - I'm sure theres loads on here and CAg/MSE etc. Maybe another thread.

[eskimo1610]

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

I think M1 may mean that it has been allocated to fast track - we should ask on the N181 (sec D2) for it to be moved to small claims. Unless there is some reason they have put it in fast track because they want you to mention the civil restraint order? I am pretty sure the Judge/Court are meant to do this off their own back. But we can try gather together cases involving MKDP to give to the court separately to your case, - I'm sure theres loads on here and CAg/MSE etc. Maybe another thread.

Ah I get you M1,having looked at the form they enclosed,its actually the N180 for the small claims track so to me it looks like whoever did the front information page did that bit wrong, I will call the court today just to clarify.

I definitely think a thread somewhere to gather everyone together who has been a victim of these muppets and can be given information such as writing to the court and informing the judge of these cases. I have seen cases on many different boards, lots of recent strike outs due to the case being brought without merit which are the people we need. Im determined now more than ever to at least try and stop this company doing this to anyone else!