AK Claimform - MBNA card 'debt'

[citizenB]

Date of issue = 22 March 2013 + 5 for service = 27 March 2013 + 14 days to acknowledge = 10 April 2013 + 14 to submit defence = 24 April 2013.

 

Timeline as above ^^^^^^^^^^

 

CPR now sent to solicitor via Special Delivery (£7!). What happens now? What are the relevant time scales etc? Thanks MB

 

You have a little bit of time in hand. You are early with your AoS and CPR - what time have we given them to respond to CPR.. 7 or 14 days ? If you havent received a response by say, 15th April, we can think about what you need to do.

 

Meanwhile all you can do is have a read round the forums as to what tricks MBNA get up to in order to be ready for them.

[MeeBroke]

You have a little bit of time in hand. You are early with your AoS and CPR - what time have we given them to respond to CPR.. 7 or 14 days ? If you havent received a response by say, 15th April, we can think about what you need to do.

 

Meanwhile all you can do is have a read round the forums as to what tricks MBNA get up to in order to be ready for them.

 

Thanks CB Do you think it's to my detriment that I responded so early? We mentioned 14 days in the letter. I've done LOADS of reading on here, so have a pretty good idea of what to expect. Ok, I'll sit tight and see what happens. Many thanks again. MB

[citizenB]

Sorry do you mean acknowledging service ? No, not at all. They will be aware that you are intending to defend now which will do no harm. I would say that they need to have responded to you by the 15/16th - which gives you time to request an extension of time should they not come up with the goods

[MeeBroke]

Sorry do you mean acknowledging service ? No, not at all. They will be aware that you are intending to defend now which will do no harm. I would say that they need to have responded to you by the 15/16th - which gives you time to request an extension of time should they not come up with the goods

 

Excellent, thank you.

[Dotty50]

Sorry do you mean acknowledging service ? No, not at all. They will be aware that you are intending to defend now which will do no harm. I would say that they need to have responded to you by the 15/16th - which gives you time to request an extension of time should they not come up with the goods

 

Hi CB, MeeBroke did manage to do the AOS on an ipad instead (see post 39)

[MeeBroke]

Hi CB, MeeBroke did manage to do the AOS on an ipad instead (see post 39)

 

Yes, sorry to confuse anyone with my panicy posts. All good though. AoS sorted online yesterday and CPR sent SD today. Holding until 14/15 to see what happens next. Thanks both MB

[citizenB]

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?387265-Bar-Council-publishes-guide-for-LiPs&p=4192971&viewfull=1#post4192971

 

You might want to have a read of the guide in the link above - it might give you some ideas for if the claim does indeed proceed to a hearing.

[MeeBroke]

Quick update to say i haven't heard a word from anyone-not Aktiv, the court, the solicitor. No confirmation of my AoS or receipt of my CPR.

 

MB

[Old Cogger]

Quick update to say i haven't heard a word from anyone-not Aktiv, the court, the solicitor. No confirmation of my AoS or receipt of my CPR.

 

MB

 

like me waiting CPR request docs, also issued N244 for docs or strike out still no reply from anybody? seems to me but I may be wrong A.K. go to court with no actual evidence?

[Dotty50]

There isn't anything due from the court as the AOS was submitted online and the next step would be your defence. (Do check online to ensure that it shows the AOS)

 

Nothing from Aktiv or their solicitor, what a surprse!

 

You sent the CPR recorded delivery? If so, just print the confirmation of receipt off the Royal Mail website.

 

I agree with Mike that AK like many others, issue claims without having their paperwork in order because they rely on people not defending and therefore getting a judgement by default.

 

I would be preparing a defence now on the basis of not having had a response to your CPR request, it can always be amended.

 

It takes time to do one, you can cut and paste from others, to suit your position but you must understand everything you are submitting. I spent many hours reading others on here and was very unsure how to proceed but I got there in the end with lots of help.

[citizenB]

When are you due to submit your defence ?

[Dotty50]

Date of issue = 22 March 2013 + 5 for service = 27 March 2013 + 14 days to acknowledge = 10 April 2013 + 14 to submit defence = 24 April 2013.

 

Timeline as above ^^^^^^^^^^

 

You gave MeeBroke the dates CB!

 

Although, with the amount of posting you do, I'm not surprised that you forget!

[citizenB]

You gave MeeBroke the dates CB!

 

Although, with the amount of posting you do, I'm not surprised that you forget!

 

Good thing I have you watching over me, Dotty

[citizenB]

Ok, if you haven't received anything say by Monday, 15th. We will start thinking about whether you want to contact them for an extension or start working on a defence with what you have It can always be amended if they should suddenly provide you with information.

[MeeBroke]

Brilliant, thanks guys. I really appreciate the support. I've been reading about 'embarrassment' etc

[Dotty50]

Try and find some others that have dealt with Aktiv too, then you will get an idea of their tactics.

 

I think I've had a couple of letters from them in the past but nothing heavy........................so far!

[MeeBroke]

Spoke too soon! Envelope received today from solicitor via normal post I.e. they have no idea wether or not I even got it!

 

Includes:

 

Photocopy of 'CCA' that I have seen before

Copy of 'letter of assignment MBNA to Varde

Same Varde to AK

Photocopy of default notice

 

Haven't had a chance to compare copy of DN with my original but at first glance, still seems defective.

[citizenB]

So this has been assigned twice ?

[Old Cogger]

Like mine was.

[Old Cogger]

Spoke too soon! Envelope received today from solicitor via normal post I.e. they have no idea wether or not I even got it!

 

Includes:

 

Photocopy of 'CCA' that I have seen before

Copy of 'letter of assignment MBNA to Varde

Same Varde to AK

Photocopy of default notice

 

Haven't had a chance to compare copy of DN with my original but at first glance, still seems defective.

 

 

all suspect no doubt, as they tend to respond under section 77/78/79 not actual section 61 (actual copy if they had one) hoping you give up no doubt?

[MeeBroke]

According to solicitor.

 

Have always made everyone aware of faulty DN and my acceptance of UR

[MeeBroke]

Ok, so I've had a better look:

 

Default Notice:

 

They have indeed sent a copy of the original DN.

 

From my original thread:

 

DN dated 4 December, rectify date 21 December.

 

4th December was a Friday. Sent second class would mean service was on the 10th December.

 

14 days from the 10th is the 24th December= Faulty, yes?

 

Notice of Assignment:

 

I have never had any letter from MBNA stating that they sold on.

 

The solicitor have included copies of 2 letters:

 

The first is a letter from Experto Credite sent in 2010 informing me that my account has been purchased by Varde.

 

The second is a letter from Aktiv Kapital sent in 2012 informing me that they have purchased the account from Varde.

 

 

How should I proceed (and thanks in advance for your help!)?

[citizenB]

Yes, they have shorted you by 3 days to remedy the breach. The 14 days is mandatory, so not a de minimus issue - See Harrison v Link.

 

Sadly the NoA can come from either the original creditor or the purchaser of the account.

 

It is a bit of a puzzle why they would then sell the account on within their own group ?

[MeeBroke]

Yes, they have shorted you by 3 days to remedy the breach. The 14 days is mandatory, so not a de minimus issue - See Harrison v Link.

 

Sadly the NoA can come from either the original creditor or the purchaser of the account.

 

It is a bit of a puzzle why they would then sell the account on within their own group ?

 

Thanks CB. I'm familiar with Harrison v Link. I too have kept meticulous records. Every single document received or sent in reply.

 

I assume I need to prepare and enter a Defence?