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

[eskimo1610]

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

Tiny update.

Called the court in Leicester again today,case is still 'in a stack of paperwork waiting to be typed up' but they did let me know its been allocated to the small claims track so atleast that's one thing done that needed to happen, its actually on the right track now!

Apart from that call not sure what else I can do, getting pretty desperate now for this to end.

[Amethyst]

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

Bless you. As you say at least you know its on the right track. If it has been allocated and the judge has done directions then it might be to direct them to submit documents. I know you want it over with as it is a big stressball hanging over you, but other than giving in and negotiating a tomlin order to pay the debt, its just a case of waiting. As soon as the docs come through from the court let us know and we can see if there's anything else you can do to speed the buggers up xxx

[eskimo1610]

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

After allocating it to my local court 5 weeks ago finally the letter arrived today!
I have blocked out most of the information but i have a hearing date right at the end of November (bloomin fab another 3 months of this!)

If it has been allocated and the judge has done directions then it might be to direct them to submit documents.

And direct them to submit documents they have,see Number 6 that states:

'The claimant must clarify the case as set out in the documents sent to the court so far. That party must deliver to the court office and by the other party by 4pm on 1st September 2014 written details and copies of (1) the credit or other agreement between the claimant and HSBC relied upon (2) the default notice and/or notice of demand (3) a full statement of account setting out how the account is calculated (4) a copy of the assignment f the alleged debt (5) notice of assignment to the defendant.

what happens if they don't do this by 1st September? Isn't this a very specific direction wanting a lot of documents, im sure ive never seen directions from a judge that go in to that much detail but maybe i just havnt been looking.

Interesting number 8 that states that ORIGINAL documents must be brought to the hearing, so that means they cant bring they're bodged DIY photocopies they made themselves then?

Now it states on the first page they believe it's a case that can be mediated, i stated in my allocation questionnaire i couldn't mediate without even basic facts such as the correct bank account number or any evidence, can i ring them and tell them this as i don't believe there's anything to mediate?

Having read the rest it seems to be wanting me to submit all the documents i wish to rely on at the hearing and a witness statement by September 22nd, which documents should i submit? I can print out a copy of the CPR request sent back in April(ignored!)copy of the covering letter i sent with the allocations/directions in June again asking for documents (ignored!) First wasn't sent recorded,second was and i have the signature.

Anything else?

Apart from that i guess i have to start on the witness statement.

[Amethyst]

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

Sorry I'll go through your q's in a mo, but that's a good order so be happy xxx They have to produce all the documents and send to you and the court by the 1st September ... so really I wouldn't worry until then. Only downside is that non compliance only results in adjournment and party at fault to pay costs - rather than a strike out, but we can cross that bridge later.

[Amethyst]

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

After the 1st we'll see what you have received and work on your own documents from that point.

It doesn't give a date for the mediation so I would wait until, again, after the 1st September before doing anything on that score either. If they arrange it in the meantime then you just say you think it would be better to wait until they have provided the documents as per the order of the court.

[Amethyst]

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

The good bit, for ease of reference;

[eskimo1610]

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

Only downside is that non compliance only results in adjournment and party at fault to pay costs - rather than a strike out, but we can cross that bridge later.

I knew it couldn't lead to a strike out but rather to them looking even worse than they do now when it eventually get's heard.

I'm happy with the directions, very happy with the direction I quoted(so did you!) with the documents the judge wants, love to see what they produce or rather never produce because they don't exist, especially the original documents the judge has said must be brought to the hearing.

Is a section directed specifically at the claimant unusual(6) with all those specific details? I'd just not seen it before,it's very specific, almost like i've been listened too :tinysmile_twink_t2:

[eskimo1610]

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

Well the 1st of September has come and gone and the documents the judge ordered mkdp to send to me and to the court never turned up.......that would be because they don't exist but we knew that!

Amethyst, am I right in saying it's time to start putting together my witness statement together with the documents I wish to rely on at the hearing?

As the directions the judge gave them was so specific to those 5 documents being produced before 1/9/14, will I know if they do anything to them for breaching this order or do I have to tell the court they didnt turn up? Just wondered about that bit

[Amethyst]

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

I'd give the court a buzz and ask if they have received the documents from the claimant and ask them if they can note on the file that you haven't received anything. Just see what they say.

[eskimo1610]

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

I'd give the court a buzz and ask if they have received the documents from the claimant and ask them if they can note on the file that you haven't received anything. Just see what they say.

Already called the court today to check that no documents have arrived and they have nothing either. I will however call them again and remind them it was part of the order that was made and they havnt complied,see what they say?

[eskimo1610]

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

I'd give the court a buzz and ask if they have received the documents from the claimant and ask them if they can note on the file that you haven't received anything. Just see what they say.

Got through to the court again earlier(finally!),discussed that they hadn't complied with the order that had been made and they agreed they still havnt received anything either and they've now breached the order in the eyes of the court , they want me to put it in writing to them so it can be put in-front of a judge to decide what happens with the case now( i know it could just mean a sanction, fine etc i'm not getting too excited!)

Good news there I thought though, in a weird sort of way? :tinysmile_hmm_t2:

[Amethyst]

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

I'd say so

[eskimo1610]

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

I'd say so

I've sent the letter off this afternoon so I will await the courts response.

In the meantime it's on with the witness statement and the documents I wish to rely on, now what kind of documents if any should I be including?

Any help/advice with it would be great and thanks for the continued support!

[Amethyst]

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

Johnjo has just written a WS for their hearing in similar(ish) position - have a look http://www.legalbeagles.info/forums/...769#post467769 as a starting point as they've listed all exhibits.

[eskimo1610]

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

Johnjo has just written a WS for their hearing in similar(ish) position - have a look http://www.legalbeagles.info/forums/...769#post467769 as a starting point as they've listed all exhibits.

Brilliant! Will have a look and keep working on it, thank you!