Hello...

[pixy]

Hi everyone,

Joined the site today as I've recently received, out of the blue, an NCCBC claim form from MKDP for an alleged debt originating from HSBC.. Been looking around the forum and found some great advice! Thanks to everyone for sharing!

For sure I'll need some help and support in fighting my case and was hoping to ask for some help from time to time.

Sorry, but new to this sort of thing.. Do I need to start a new thread under different title for those questions?

Rgds,

[Kati]

Re: Hello...

Hi pixy, to LB

You can either post up your query here, or start a new thread, and you will get lots of help and advice!!

Kati

[pixy]

Re: Hello...

Thanks Kati,

It's soo encouraging to get such a quick response! Much appreciated!!

It may be useful to offer a quick overview of my case as follows:

1. Have filed my acknowledgement of service,
2. Have made CPR31.14 request to the Claimants for the normal proofs (Agreement, Notice and Deed of Assignment, validation of the alleged debt etc). Received reply from MKDP confirming that they are not in possession of the proofs and need 8 weeks to request the same from HSBC. Have replied advising that they had no right to raise the claim in the first instance and that their actions were an abuse of process.
3. Have structured my defence, contesting everything and raising CPR16.5(3)/CCA/Prima Facie etc , which I believe is about ready but still need to file.

The Claim was for just over £7k allegedly relating to an account with HSBC using generic template as follows:

The Claimant claims the sum of XXXXX being monies due from the Defendant to the Claimant under a regulated agreement originally between the Defendant and HSBC Bank plc. The Defendant's account number was XXXXXXX and was assigned to the Claimant on XXXXXX, notice of this has been provided to the Defendant. The Defendant has failed to make payments in accordance with the terms of the agreement and a default notice has been served pursuant to the Consumer Credit Act 1974. The Claimant claims the sum of XXXXX and costs. The Claimant has complied, as far as is necessary, with the pre-action conduct practice direction.

Am now trying to work out my counterclaim... Uncertain of the wording and the actual basis of calculation??? Been reading up on how best to do this and have found various responses which appears to have no real prospect of success! To my understanding, and in the absence of the claim being proved, I should claim:

i) A substantial sum equivalent to the Claim but not sure if this relates to 'fraud in procuring the debt'? and,
ii) Damages for the stress and unfair treatment and damage to my credit reputation (not exceeding £1000.00), and,
iii) An order that the Claimant deletes all references to this matter from my credit file within 7 days.

The fees for counterclaim are quite a lot for sums of £5k-£15k which according to the MCOL equates £410/- !! :rain:

I have till next Friday to file my defence and counterclaim. Any advice shall be much appreciated please!

Rgds, pixy

[Amethyst]

Re: Hello...

Hiya Pixie,

Sounds like you have done all the right things so far with regards defending the debt (feel free to post a copy of your defence up if you'd llike someone to take a look over it)

Is the debt a loan or credit card ? (or overdraft) ? and when was the account opened and then when was it defaulted ?

Despite them being unable to enforce through not having provided the credit agreement under the CCA (assuming its not an overdraft) did the debt at one time exist?

I am a bit confused as to what your counterclaim is for ? (well I get what its for and why, but if there's no other reason for it other than them not finding the CCA yet then I'd be in the strongly against counterclaiming camp)

Sorry for more questions just not sure where the advice to counterclaim along with the defence has come from. What's your primary objective?

Kind regards

Sharon
xxx

[wales01man]

Re: Hello...

Without causing offence I must say pursuing a counter costing money is a bit of a silly no go,might spur them on to get the evidence to win their case.

[pixy]

Re: Hello...

Hi Sharon and thanks for the prompt reply!

I'll try to respond all your questions as best I can...

1. Defence? - is it wise to post it in an open forum?? Would love to have someone read it over but am little hesitant in this regard, apology. Could I private message it to you please.
2. Debt type - not sure but according to Noddle it was a CC.
3. Account Start Date - not sure, can't remember, but definitely pre 2007.
4. Default Notice - According to Noddle MKDP started issuing DN since beginning 2012. Sneaky bugggers!
5. Did it exist - Possibly but have never had such a high amount?
6. Counterclaim - this was a grey area for me and really concerned that if I don't file a counterclaim now, that I may not be able to do so in the future? All the online forums offer different advices. Some say it is better to file it with the defence, than to request permission to file at a later date... Not sure if permission is easily granted?? What are your thoughts please?

I would be happy if the matter was struck out with no further problems from it. No option of flight, so fight I must!

Thanks for all the help and support!:love:
Rgds, pixy xx

[MissFM]

Re: Hello...

Pixy - are you saying that the debt is genuinely not yours or in some other way not legitimate?

If you're not saying that, but relying on procedural errors to counterclaim, then that really isn't IMVHO a good idea (as advised above).

To repeat what Amethyst asked above, what do you want to achieve here?

[MissFM]

Re: Hello...

sorry Pix - crossed with you:tinysmile_kiss_t4: ..and you appear to have answered my question - ie you just want it to go away?

[pixy]

Re: Hello...

Hi Wales01man and MissFM,

Not really keen on processing the counterclaim and fully agree with you about making things difficult for myself. But on the other hand not legally trained, have never been through this before, thus the confusion.. If this could just magic away that would be great!

[Amethyst]

Re: Hello...

' I would be happy if the matter was struck out with no further problems from it.

This is the usual outcome with MKDP. Your counterclaim will complicate matters considerably and I do not believe you have a basis on which to counterclaim unless you are saying the debt was never yours and never existed ..... which you aren't,

Am now trying to work out my counterclaim... Uncertain of the wording and the actual basis of calculation??? Been reading up on how best to do this and have found various responses which appears to have no real prospect of success! To my understanding, and in the absence of the claim being proved, I should claim:

i) A substantial sum equivalent to the Claim but not sure if this relates to 'fraud in procuring the debt'? and,
ii) Damages for the stress and unfair treatment and damage to my credit reputation (not exceeding £1000.00), and,
iii) An order that the Claimant deletes all references to this matter from my credit file within 7 days.

I think you've answered you own question really over the counterclaim. But I would like to read some of the postings where it suggests doing this is the way to go if you have any links available. I don't want to just write the idea off out of hand so would rather read where it has come from to see if there is any merit in it. If the debt originally was not yours and was fraudulent then I'd be with you, but it appears from the brief info you've given that it was your debt, and although there may have been additional interest and charges added since you defaulted in 2012, that there isn't really a dispute that the debt exists.

Could you type out the particulars of claim? ( xxxxxxxxxxx out any reference numbers or identifying information)
Also is the claim under or over £10k ?

And of course it's fine to pm me, or email me, with your defence. I'll respond on here with any points that need amending if necessary.

Email is admin@legalbeagles.info

[pixy]

Re: Hello...

PS! Thanks for your prompt replies :wub:

[Amethyst]

Re: Hello...

Hi Wales01man and MissFM,

Not really keen on processing the counterclaim and fully agree with you about making things difficult for myself. But on the other hand not legally trained, have never been through this before, thus the confusion.. If this could just magic away that would be great!

Magic away would be marvellous....don't think that's going to happen though, but they may withdraw or be struck out because of a lack of documentation....we have to take it as it comes, but MKDP aren't known for being the most concientious of DCA's when it comes to paperwork, and if they do come up with something, then of course we'll help you all the way through xx

Firstly need to read your defence as then will have a much better idea of the case to be able to help with the way forwards.

[pixy]

Re: Hello...

Thanks hun!

The POC was worded as follows:

The Claimant claims the sum of XXXXX being monies due from the Defendant to the Claimant under a regulated agreement originally between the Defendant and HSBC Bank plc. The Defendant's account number was XXXXXXX and was assigned to the Claimant on XXXXXX, notice of this has been provided to the Defendant. The Defendant has failed to make payments in accordance with the terms of the agreement and a default notice has been served pursuant to the Consumer Credit Act 1974. The Claimant claims the sum of XXXXX and costs. The Claimant has complied, as far as is necessary, with the pre-action conduct practice direction.

I'll have to go back and find the links for you, that confirm the counterclaim bit. Will pm you my defence now.

Rgds, pixie

[Amethyst]

Re: Hello...

lol, me being blind as a bat then xx Thanks for that.

So your CPR request asked for the agreement, assignment and default notice. Will read defence now xx

[pixy]

Re: Hello...

Sorry, forgot to confirm that the claim was under £10k.

Rgds, pixy xx