MKDP help needed please

[White]

Hi guys and girls I'm really needing some of your great advice please,

the other day I come home to a letter from MKDP stating they have took over a dept from the bank which I owed years ago. Which I admit I couldn't pay due to falling out of work,
please could somebody help me with this matter
and advise what I need to post in the forum so they can further help me.
ive kept it to a minimum as I don't want to dig a bigger hole by posting something on here I shouldn't about this claim.
thanks white.

Just thought if this is in he wrong section would somebody be able to move it to the correct location that it will be of best use to me. Thanks

[wales01man]

Re: MKDP help needed please

Is this a letter just asking you to pay or a court action ?

[White]

Re: MKDP help needed please

Thanks for the speedy reply, it's 3 letters which came in two envelopes from the same company stating the hsbc assigned all of the respective rights, title and interest in the respect of my old hsbc current account,
Also there saying I need to contact them ASAP to organise payment in a matter
of urgency.
excuse my punctuation as I'm a little rusty in that area so I can only apologise.

[wales01man]

Re: MKDP help needed please

Don't do anything until you get some advice from this site most of all don't panic

[White]

Re: MKDP help needed please

thanks have a good day,

I will wait for some advice on this, I know it's a Sunday and people are still sleeping.

[nemesis45]

Re: MKDP help needed please

Hi What you have is Notices of Assignment legally required when a debt changes hands.

Please give us some details so we may advise properly.
1. When was the account opened?
2. When was it defaulted?
3. When did you last make a payment or acknowledgment of the debt?
4. Have you checked your credit reference files? (Noddle is free online.
5. How much is claimed to be owing.
Next send a CCA Request to MKDP for a copy of the agreement and a current statement of the account.

There is a £1.00 statutory fee to pay. (use a cheque or postal order clearly endorsed " For Statutory Fee Only".

Use the template from the forum library, MKDP has 12 + 2 Working Days to comply.
If MKDP have not complied within the time scale the debt remains unenforceable until they do.

nem

[White]

Re: MKDP help needed please

The account was opened years ago,
and if I'm thinking right what you say as default as in not making payments to the account was around 2007/2008 ( dept was sold to MKDP in 2011 apparently )
the dept is around £5000 which was originally only a £1000 unsurced loan from hsbc!
ive not had a chance yet todo anything on this as I only received the letters in the past few days.

what should I do next? Check my credit reference file?

[White]

Re: MKDP help needed please

Ps I've not had any contact with anyone about this and not heard anythin, I think the last letter I got from the bank was back in 2008

[nemesis45]

Re: MKDP help needed please

Hi Check files, send CCA request.

The default date as in placed on credit files is what you're looking for.
nem

[FlamingParrot]

Re: MKDP help needed please

Next send a CCA Request to MKDP for a copy of the agreement and a current statement of the account.

There is a £1.00 statutory fee to pay. (use a cheque or postal order clearly endorsed " For Statutory Fee Only".

Use the template from the forum library, MKDP has 12 + 2 Working Days to comply.
If MKDP have not complied within the time scale the debt remains unenforceable until they do.

Hi Check files, send CCA request.

I'm afraid they will just reply saying the CCA request does not apply if this was a CURRENT ACCOUNT overdraft.

Thanks for the speedy reply, it's 3 letters which came in two envelopes from the same company stating the hsbc assigned all of the respective rights, title and interest in the respect of my old hsbc current account,

[White]

Re: MKDP help needed please

hi just tried to register with noodle but it said it couldn't validate me?
gave them all the information they asked for but wasn't enough and to try back again at a later date.
sent them an email so will wait for a reply tomorrow.
in the meantime I've been looking at other posts and some people say not to get in contact with them in anyway what so ever?
this is where it gets confusing for me, the cca request you said for me to send to them could you explain what this is and what I should and shouldn't write in it please, I don't want to dig a hole for myself.
thanks in advance

[FlamingParrot]

Re: MKDP help needed please

The account was opened years ago,
and if I'm thinking right what you say as default as in not making payments to the account was around 2007/2008 ( dept was sold to MKDP in 2011 apparently )
the dept is around £5000 which was originally only a £1000 unsurced loan from hsbc!
ive not had a chance yet todo anything on this as I only received the letters in the past few days.

Can you clarify: was it a LOAN or a CURRENT ACCOUNT? You say it was for an old HSBC current account on your other post. If it was a loan, then the CCA request applies, if it was an overdraft on a current account, then it doesn't.

If no payments have been made since 2007 or 2008 then this account would be statute barred anyway. :grin: :grin: :grin:

Ps I've not had any contact with anyone about this and not heard anythin, I think the last letter I got from the bank was back in 2008

If no further payments were made, then it's statute barred. :whoo:

Hi Check files, send CCA request.

The default date as in placed on credit files is what you're looking for.

Those dates are not always accurate in terms of establishing whether an account is SBd or not, sometimes people make payments for 10 or more years after defaulting, sometimes the new account owner changes the date. If this was defaulted in 2007 or 2008, there shouldn't be anything on file.

[nemesis45]

Re: MKDP help needed please

Not looking for SB just to know when the account was defaulted/or if it has been removed after 6 years have elapsed.

nem

[FlamingParrot]

Re: MKDP help needed please

hi just tried to register with noodle but it said it couldn't validate me?
gave them all the information they asked for but wasn't enough and to try back again at a later date.
sent them an email so will wait for a reply tomorrow.
in the meantime I've been looking at other posts and some people say not to get in contact with them in anyway what so ever?

See my other posts. If there's been no payment or written acknowledgment from you since 2008 (or earlier), then it's SBd and it shouldn't even show on your credit file as defaults drop off 6 years after they were recorded.

The reason people say not to get in touch is to avoid resetting the clock by acknowledging the debt. However, once a debt is SBd, it cannot be 'un-barred' in any way. Furthermore, a CCA request does not constitute acknowledgment of the debt, it's just a request for information which is your lawful right under s.77/79 of the CCA.

this is where it gets confusing for me, the cca request you said for me to send to them could you explain what this is and what I should and shouldn't write in it please, I don't want to dig a hole for myself.
thanks in advance

A CCA request is a letter asking for a copy of your credit agreement. It has to be worded in a specific way, a template can be found here: http://www.legalbeagles.info/forums/...=7670#post7670

As per previous posts, it applies to loans and credit cards but not to current account overdrafts. You have the right to send one as long as there's an outstanding balance and no judgment has been obtained, however, if the debt is statute barred, you'd be better off sending a statute barred letter.

[White]

Re: MKDP help needed please

I had a hsbc bank account for years and got a unsurced loan off of them and couldn't pay it back as I fell out of work. so the dept is for the loan, (loan got me in this place)
i stopped using the account after falling out of work.
on the letter this is where it gets a bit confusing again as it says the dept is for my
"hsbc current account" but 100% it was for a loan.
confusing is not the word lol