Jump to content

Mr Spoon

Registered Users

Change your profile picture
  • Content Count

    32
  • Joined

  • Last visited

Posts posted by Mr Spoon

  1. Good morning. As Andy mentioned I sent my form off to the Court with a copy to the claimant. Earlier this month I received a "General Form of Judgement or Order" dated 6th January. This ordered the claimant to file their Directions Questionnaire with the CCBC on or before 7 days from the srvice of the order. Failure would mean the claim would be struck out.

     

    I heard nothing more until I received a letter from PRA (AK) dated 21st January request immediate settlement and some copies of (composite) credit agreements and records from the original lender.

     

    Clearly I won't be sending any money off, but please advise what I should do next. Thank you.

  2. Today have phone the Court, and

     

     

    it appears that the N245's and paperwork I sent to the CCBC Northampton will be forwarded to my local court

    ready for the Charging Order hearing on 12 January.

     

     

    I was advised to write to the local Court indicating that I would be attending on behalf of my wife.

     

    I can't see a way of objecting to the Interim Charging Order and have indicated that to the Court.

     

     

    I have also filled in the "consent" forms the Land Registry sent so as not to object to the restriction being added.

     

    Just waiting to hear from everybody now, so need to get on with my other thread/Court case...

  3. Posted all my letters (6 store and credit cards). Letter of authority included so that the institutions talk to me instead of Mrs Spoon.

     

    Mrs Spoon was paying one storecard and one credit card, so they have been made the same pro-rata offer as those on which she has defaulted.

     

    I included an income/expenditure sheet based on the N245 Court form. Not very detailed, but it helps with my sums to keep it consistent. Also a table showing all debts (except overdraft), percentage of total debt, and pro-rata offer. As more is going out than going in to Mrs Spoon's bank "pot", I have added some money (from my pot) in order to be able to make payments.

     

    As per Mrs Duff's advice I included mortgage, utilities a couple of others that come out of my account at 33% of the amount. The N245 says not to do this though...

     

    Included with the N245s were letters requesting a redetermination of the amounts awarded. These 2 original judgements were made at the CCBC in Northampton, but the ICO was awarded at my local court. I will contact them tomorrow, and return the completed land registry forms.

     

    I do feel better having started the ball rolling. Thank you for your help thus far.

  4. Thank you for such a speedy response!

     

    The CCJ that Restons obtained specified £100 a month. Once I've assessed the income/expenditure I might need to apply to vary that, but in any case I imagine I need to contact the court because the first payment was due in October.

     

    The other CCJ, Capquest obtained on behalf of Very was awarded "forthwith".

     

    I am unlikely to challenge any amounts, but clearly need to get in touch with the courts.

     

    It appears that you, Mrs Duff, did all the contacting on behalf of Mr Duff. It would be helpful for me to take on a similar role for Mrs Spoon. Are the creditors likely to talk to me? How about the Court/s?

  5. I have received a N149C notice of proposed allocation for the Multi-Track from the CCBC.

     

    Also confirmation that my defence has been served on the Claimant. Attached to it is the questionnaire N181 which throws up numerous questions which, due to my lack of understanding, am having trouble answering.

     

    I do understand that the Claimant has 28 days (from receiving my defence) to respond. That means I need to complete the N181 before finding out the Claimants next move...

     

    A) Asks that "as the rules require" me to try to reach a settlement, do I want to now, and if not why not. Obviously I am challenging the claim on a number of levels - should I just write "refer to my defence" in this section?

     

    B) The section asks about the court. Is the CCBC part of the High Court? Is this the section where I ask to have the matter heard locally? Is there a reason to have it heard at court?

     

    C) Have I complied with the pre-action protocol? Fully, partially?

     

    D) Am I making any applications? Is multi-track right? Then it talks about disclosure of electronic documents and agreements.

     

    E), F), G) and H) I can answer but

     

    I) Asks for any other information to help the Judge manage the case - should I write something in here?

     

    I have just discovered Mrs Spoon has been carrying a large amount of debt (and stress/worry) on her own, and I'm now swimming in paperwork again. I have posted a separate thread about that, but my mental capacity is stretched...

  6. Just as I thought we were getting on top of things

    notice of an Interim Charging Order arrived followed shortly by a notice from the Land Registry.

     

    It appears Mrs Spoon has been struggling (on her own) with nearly £18,000 of store and credit card debt and is now quite unwell.

    It is only because we have a joint mortgage that I became aware of the tip of the iceberg - now the rest has become clear.

     

    There are two CCJs (by default) against her and Restons have secured the interim charging order.

    I understand that this can only be a restriction as long as I don't agree.

    We don't intend to sell the house so what does that mean to us and to to Restons (John Lewis)?

     

    I'm wading through the paperwork, and need to contact all the account holders to make arrangements to pay.

     

    My questions are:

     

    1) Is there any benefit to trying stop the charging order/restriction at the court hearing in January?

    Is there any benefit to making an offer to start payments?

    I'm not anticipating any seasonal charity from Restons, just a reason for them to stop.

     

    2) Now I've collated the debt I am thinking that we assess what we can afford to pay back monthly,

    and propose a proportionate repayment by ratio according to the amount owed. Is that the way forward?

     

    3) Obviously I'm going to help financially, but by getting involved am I going to become vicariously liable for these debts?

     

    4) How should the approach be made to the creditors - is there a form of words?

     

    Thank you so much for your consideration.

     

    Mr Spoon

  7. By all means but you will have to edit again to flow with your particulars......you can use the suggested point 1 earlier just amend to....

     

    1) It is accepted that the Defendant has had financial dealings with MBNA in the past, although I am unable to recall the precise details of the alleged debt by which the claimant refers to within this claim.I have requested clarity by way of a section 78 request as of this date the claimant has only been able to disclose a reconstituted version which is not acceptable given that the alleged debt is pre April 2007 "

     

    If I have heard nothing from AK or their solicitors over the weekend I shall post the final defence on Sunday night. If by chance they send something through I'll change point one as suggested. Hopefully I have fitted your words Andy to my particulars. Just to confirm, I re-write and number the paragraphs (sentences) of the claim and write my defence below?

     

    1) The claimant claims the sum of £22k for debt and interest.

    On XX/XX/05 the defendent entered into an agreement with MBNAfor a credit card under reference XXXXXXXXXXXXXXXX.

     

    2) On XX/XX/09 the defendent defaulted on the agreement with an outstanding balance of £18k.

     

    3) On XX/XX/09 the debt was assigned to Varde Investments (Ireland) Ltd.

     

    4) On XX/XX/12 the debt of £18k assigned to Aktiv Kapital Portfolio AS, Oslo, Zug Branch.

     

    Notices of assignment were sent in accordance with S136 Law of Property Act 1925.

     

    AND THE CLAIMANT CLAIMS

    1. The sum of £18k

    2. Statutory interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8.00% per

    annum from XX/XX/12 to XX/10/14

     

    3XXX.XX and thereafter at a daily rate of 4.00 until judgement or sooner payment [pound signs missing]

     

    1) The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

     

    2) Paragraph 1 is noted. It is accepted that the Defendant has had financial dealings with MBNA in the past, although I am unable to recall the precise details of the alleged debt by which the claimant refers to within this claim.I have requested clarity by way of a section 78 request as of this date the claimant has only been able to disclose a reconstituted version which is not acceptable given that the alleged debt is pre April 2007

     

    3) Paragraphs 2, 3 & 4 are denied as I am not aware of any Default Notice or Notice of Assignment as stated.I have never received statements or Notice of Sums in Arrears given that the claimants plead they are the legal owner of any alleged debt.

     

    It is my understanding and pursuant to the CCA2006 amendments that the claimant is prevented from any enforcement during this lack of service.

     

    4) Notwithstanding the above on receipt of the above claim a request for information pursuant to the consumer credit Act (section 78) and CPR 31.14.The requests were made on 16th October 2014 and acknowledged by the claimant in a letter dated 22nd October 2014. To date I have received no response or acknowledgement from the claimant’s solicitor.

     

    The claimant is therefore in default of the statuary 12 days.

     

    5) As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

     

    6) On the alternative, if the Claimant is an assignee of a debt it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer Credit Act 1974

     

    It is denied with regards to the Defendant owing any alleged monies to Aktiv Kapital. The Claimant is put to strict proof to:

     

    (a) show how the Defendant has entered into an agreement; and

    (b) show how the Defendant has reached the amount claimed for; and

    © evidence any nature of breach and show service of a Default Notice and Notice of sums in Arrears.

    (d) show how the Claimant has the legal right, either under statute or equity to issue a claim.

     

    7) By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

  8. Wow. It is all slightly beyond me, and I am most grateful for your advice. I feel defeated and frustrated trying to formulate a defence to satisfactorily counter AK, who I believe are trying it on. I would much rather have sorted it all out with MBNA...Andy, we could keep going back and forth with me suggesting words, and you putting me right. To circumvent this can I cut and paste what you've written? Legalese is not my best language.Mr Spoon

  9.  

    Then expand further down the defence on your CPR and CCA request/s.

     

    Andy

     

    I have amended point 1, and added a date the CPR (and CCS) were sent to point 3/4. How can I expand on that/those, please?

     

    1) It is accepted that the Defendant as had financial dealings with MBNA in the past, although I am unable to recall the precise details of the alleged debt by which the Claimant refers to within this claim. I have requested clarity by way of a section 78 request, the claimant has failed to comply or even respond to my legal request.

     

    2) It is denied that the account was defaulted, and was in dispute at that time. I have sought clarity by way of a CPR 31.14 request; the claimant has yet to comply.

     

    3 & 4) I am unaware of any legal assignment or Notice of Assignment allegedly served from MBNA, Varde Investments or the Claimant. Defendant has therefore sought clarity by way of a CPR 31.14 request sent on 16th October 2014. The Claimant has yet to comply.

  10. Im not liking your point 1 Mr Spoon...I think you need to reconsider that response.

     

    Andy

     

    I didn't think you'd like it and was wondering if their was a way to refer to the way the account was initiated. If not, I will go with:

     

    "1) It is accepted that the Defendant entered into an agreement with MBNA, although it is disputed that any monies are owed to the Claimant."

     

    What do you think?

  11. Thank you andyorch. Here is the draft with numbered paragraphs, how is it for content, please?

    1) The claimant claims the sum of £22k for debt and interest.

    On XX/XX/05 the defendent entered into an agreement with MBNAfor a credit card under reference XXXXXXXXXXXXXXXX.

     

    2) On XX/XX/09 the defendent defaulted on the agreement with an outstanding balance of £18k.

     

    3) On XX/XX/09 the debt was assigned to Varde Investments (Ireland) Ltd.

     

    4) On XX/XX/12 the debt of £18k assigned to Aktiv Kapital Portfolio AS, Oslo, Zug Branch.

     

    Notices of assignment were sent in accordance with S136 Law of Property Act 1925.

     

    AND THE CLAIMANT CLAIMS

    1. The sum of £18k

    2. Statutory interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8.00% per

    annum from XX/XX/12 to XX/10/14

     

    3XXX.XX and thereafter at a daily rate of 4.00 until judgement or sooner payment [pound signs missing]

     

    The Defendant contends that the Particulars of Claim are vague and generic in nature. The Defendant accordingly sets out his case below and relies on CPR 16.5 (3) in relation to any allegation to which a specific response has not been made.

     

    1) It is accepted that by spending money Defendant entered into an agreement with MBNA, although Defendant did not himself sign any enforceable agreement.

     

    2) It is denied that the account was defaulted, and was in dispute at that time. I have sought clarity by way of a CPR 31.14 request; the claimant has yet to comply.

     

    3 & 4) I am unaware of any legal assignment or Notice of Assignment allegedly served from MBNA, Varde Investments or the Claimant. Defendant has therefore sought clarity by way of a CPR 31.14 request. The Claimant has yet to comply.

    It is therefore at this time denied with regards to the Defendant owing any monies to the Claimant, and the Claimant is therefore out to strict proof to:

     

    a) Show how the Defendant has entered into an agreement with the Claimant; and

    b) Show how the Defendant has reached the amount claimed; and

    c) Show evidence of any breach and service of a Default Notice and subsequent Notices of sums in arrears; and

    d) Show how the Claimant has the legal right, either under statute or equity to issue a claim.

    As per Civil Procedure Rule 16.5(4) it is expected that the Claimant prove the allegation that the money is owed.

     

    On the alternative, as the Claimant is an assignee of a debt, it is denied that the claimant has a right to lay a claim due to contraventions of Section 136 of the Law and Property Act and Section 82A of the consumer credit Act 1974.

     

    By reason of the facts and matters set out above it is denied that the Claimant is entitled to the relief claimed, or any relief.

  12. My date by which to file a defence is Monday 17th, and so below is my first attempt at a form of words.

    Word you please be so kind as to consider and advise, thank you.

    The claimant claims the sum of £22k for debt and interest.

    On XX/XX/05 the defendent entered into an agreement with MBNAfor a credit card under reference XXXXXXXXXXXXXXXX.

     

     

    On XX/XX/09 the defendent defaulted on the agreement with an outstanding balance of £18k.

     

     

    On XX/XX/09 the debt was assigned to Varde Investments (Ireland) Ltd.

     

    On XX/XX/12 the debt of £18k assigned [sic] to Aktiv Kapital Portfolio AS, Oslo, Zug Branch.

     

     

    Notices of assignment were sent in accordance with S136 Law of Property Act 1925.

     

    AND THE CLAIMANT CLAIMS

    1. The sum of £18k

    2. Statutory interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8.00% per

    annum from XX/XX/12 to XX/10/14

     

    3XXX.XX and thereafter at a daily rate of 4.00 until judgement or sooner payment [pound signs missing]

     

    The defendant contends that the Particulars of Claim are vague and generic in nature. The Defendant accordingly sets out his case below and relies on CPR 16.5 (3) in relation to any allegation to which a specific response has not been made.

    It is accepted that by spending money defendant entered into an agreement with MBNA, although Defendant did not himself sign any enforceable agreement.

    It is denied that the account was defaulted, and was in dispute at that time. I have sought clarity by way of a CPR 31.14 request; the claimant has yet to comply.

     

    I am unaware of any legal assignment or Notice of Assignment allegedly served from MBNA, Varde Investments or the Claimant. I have therefore sought clarity by way of a CPR 31.14 request. The claimant has yet to comply.

    It is therefore at this time denied with regards to the defendant owing any monies to the Claimant, and the Claimant is therefore out to strict proof to:

    a) Show how the defendant has entered into an agreement with the claimant; and

    b) Show how the defendant has reached the amount claimed; and

    c) Show evidence of any breach and service of a Default Notice and subsequent Notices of sums in arrears; and

    d) Show how the claimant has the legal right, either under statute or equity to issue a claim.

    As per Civil Procedure Rule 16.5(4) it is expected that the Claimant prove the allegation that the money is owed.

    On the alternative, as the Claimant is an assignee of a debt, it is denied that the claimant has a right to lay a claim due to contraventions of Section 136 of the Law and Property Act and Section 82A of the Consumer Credit Act 1974.

    By reason of the facts and matters set out above it is denied that the Claimant is entitled to the relief claimed, or any relief.

     

    Questions:

    1) Can I mention that I find it concerning that AK should begin this action without proof in place?

    2) As the matter pre-dates 2007 should I include that any documentation produced in eventual response to the CPR 31.14 request should not be a composite?

    3) Should I number my paragraphs?

  13. I've had an acknowledgement of the CPR dated 17/10/14.

     

    It is just that, an acknowledgement, and states that the matters are being "reviewed" and "investigated". A full response will apparently be issued in due course...

     

    Having read other threads I'm not anticipating any further response, and whilst I understand that a proper defence cannot be formulated without knowing what AK are basing their case on, I will have to post a defence, won't I?

     

    Please advise my next step.

     

    Thank you.

  14. In order for us to help you we require the following information:-

     

    Name of the Claimant ? AKTIV KAPITAL PORTFOLIO AS

    Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 13th October 2014

    What is the claim for – the reason they have issued the claim?

    Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down.

     

    The claimant claims the sum of £22k for debt and interest.

    On XX/XX/05 the defendent entered into an agreement with MBNA for a credit card under reference XXXXXXXXXXXXXXXX.

    On XX/XX/09 the defendent defaulted on the agreement with an outstanding balance of £18k.

    On XX/XX/09 the debt was assigned to Varde Investments (Ireland) Ltd.

     

    On XX/XX/12 the debt of £18k assigned [sic] to Aktiv Kapital Portfolio AS, Oslo, Zug Branch.

    Notices of assignment were sent in accordance with S136 Law of Property Act 1925.

     

    AND THE CLAIMANT CLAIMS

    1. The sum of £18k

    2. Statutory interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8.00% per

    annum from XX/XX/12 to XX/10/14

    3791.27 and thereafter at a daily rate of 4.00 until judgement or sooner payment [pound signs missing]

    What is the value of the claim? £22k

     

    Is the claim for a current or credit/loan account or mobile phone account? credit card

     

    When did you enter into the original agreement before or after 2007? before 2007 in early 2005

     

    Has the claim been issued by the original creditor or was the account assigned

    and it is the Debt purchaser who has issued the claim.

    Apparently the claim has been assigned to a debt purchaser. Most recent letter from AK states original creditor as "Varde Experto"

     

    Were you aware the account had been assigned – did you receive a Notice of Assignment? Experto Credito wrote to me...

    Did you receive a Default Notice from the original creditor? Yes

     

    Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?

    Unaware of content of letters. All from AK destroyed, some from Experto kept.

     

    Why did you cease payments:- The interest rate went through the roof, and with other debts to pay this became unmanageable.

     

    Was there a dispute with the original creditor that remains unresolved?

    Yes, I disputed the contract/interest rates, and whilst that was ongoing the debt was sold on.

    Did you communicate any financial problems to the original creditor and make any attempt to enter into adebt mgnt plan?

    Problems communicated, MBNA just threatened to put a charge on my house.

    I hope that is enough to go on.

     

    Mr Spoon

×
×
  • Create New...