MandM vs MBNA/ Virgin Money***Settled by Consent***

[MandM]

Loads. lol. But been covering it all on other threads.

 

Still awaiting my SAR but managed to get the info I needed through other means. Just want the SAR now to wrap things up hopefully, Got the mother in laws SAR and it showed up some interesting angles on the dates.

 

As our DN and 'Welcome' letter from the DCA were only a day or so apart we should get the same result - Happy days

 

M

[tranders]

Subbing

[LB145]

subbing

[MandM]

Hi all,

 

for those wondering what Exspurto's next move will be, have a look at this.

 

M

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/188908-mbna-now-experto-credite.html

[MandM]

Time for an update .

 

Court forms received this morning from Aktiv Krapital via Northampton dated 1st of May.

 

Please move thread to 'Legal'.

 

Will dig out my SAR info and paperwork over the weekend, anyone who's already gone through the process with MBNA/Varde/AK please feel free to add any links to your threads.

 

Much appreciated,

 

Mike

[maroondevo52]

 

Please move thread to 'Legal'.

 

 

[Capricorn1601]

Im in the same batch Mike

[Dotty50]

Did anyone have a letter before action?

 

Aktiv have one of mine but I've not heard from them for a long time.

[Capricorn1601]

Not me Dotty, I have had two letters saying my account was on hold.

 

Mike is yours the same as your thread has been quiet for some time

[Dotty50]

Thanks Capricorn, guess I'd better have a look through my paperwork, I've been a little lax in filing lately!

 

I'm subbing to your new thread now, if I can offer any help I will but I am not familiar with Aktiv...........................so far!

[MandM]

No LBA. Not heard from Aktiv for sometime.

 

POC as follows:

 

Monies due under regulated credit agreement number **************** between MBNA Europe Bank Limited and the Defendant the Benefit of which was assigned to the Claimant on **/03/2012.

 

The agreement terminated upon the Defendant(s) failure to comply with the terms of the agreement and the statutory Notice of Default served by MBNA Europe Bank Limited.

 

The claimant seeks interest pursuant to section 69 of the County Courts Act 1984 at the rate of 8% per annum from the date of issue continuing at the daily rate of £2.47.

 

Any payments of queries should be directed to the claimants solicitors on 01527 586517 (phone) or e=mail : bah blah

 

The claimant is named as Aktiv Kapital Portfolio AS ZUG and the solicitors are HL Legal

[Capricorn1601]

Snap with mine M&M we must be in the same batch

 

Have you acknowledged yet?

[MandM]

Snap with mine M&M we must be in the same batch

 

Have you acknowledged yet?

 

Not got around to it yet but will do in next day or 2.

[MandM]

Hi all,

 

Acknowledged last week, CPR31.14 sent to Sols prior.

 

However, HL Sols have replied today stating that if I want ccpies of the docs requested in my CPR request then I should contact AK directly and not them!!! I thought they were supposed to be the solicitors here!

 

Any thoughts?

 

Mike

[Mr-Pieman]

Hi Mr M,

I take it HL are listed as the party to send documents and payments to?

 

I would phone them up and ask why they are listed on the claim form as party to send documents and payments to if they are unable to do so? Also ask don't you have the document listed in you POC then? Don't get drawn into a conversation about payment you haven't called about that.

 

Record the call tell them you are and then write to them. Copy the court in if you feel the need as they may be behaving unreasonably

 

If they are refusing to supply them that's fine tell them that you will make an application forcing them to do so and you will be claiming costs.

 

In my dealings with them you generally get through to an individual who usually gets really snotty when you as them simple questions like "Can you tell me when you are sending the documents to my CPR31.4 request?". You don't usually speak to a solicitor just a desk ornament who thinks they are legally trained.

 

Never be scared to ring them up, you request is 100% legitimate.

 

Are the Claimant based in the UK by the way?

 

Thanks

 

Mr P

Edited June 30, 2013 by citizenB

[MandM]

Thanks for that.

 

Claimant is named as Aktiv Kapital Portfolio AS ZUG. Not sure where they're based but I seem to recall Norway as correct. Will have a look tonight when I'm home. Relevant?

 

Mike

[Capricorn1601]

Hi

 

Mine was the same details and I sent my CPR31.14 to HL too. Never got anything

[Mr-Pieman]

Hi guys,

a CPR31.4 request can either be sent to the Claimant or their representative. If it has been longer than 7days after their receipt write to them again asking when your request will be fulfilled also request an extension under CPR15.5. If they refuse that's fine time for an application. If time is getting tight for your defence you must issue one. State that you are unable to plead on certain points as the Claimant has not complied with your request given an extension etc and that you have filed an application to see the documents.

 

The Claimants representative wants you to do nothing they get an easy win that way. And they do zero work. An embarrassed defence could be thrown back at you a judge doesn't really care you are a LIP he will simply ask why didn't you ask?

 

I hope that helps.

 

Mr P

[Old Cogger]

Hl, grosvenor house

prospect hill

redditch b97 4dl

[MandM]

Hi all.

 

Have seen their letter now. Even though my letter it is clearly headed as a CPR31.14 request they have answered it as a CCA request (used the template [adjusted to suit] from here) and they have said that I need to direct my CCA request to Aktiv Krapital and not them. They obviously struggle with difficult things....................like reading!

 

I will write giving them a further 7 days and ask if they wish an extension in line with my first letter but not looking likely that I'll get anything back in time

 

Mike

[Capricorn1601]

Any update Mike

 

Have you entered a defence yet?

[MandM]

Doing it this weekend (deadline).

 

Have had the usual rubbish. They (firstly) totally ignored my CPR 31.14 request. Then when pushed they have now apparently requested the docs from AK. I did offer the extension but they chose to ignore that also. They're very selective with what they answer lol.

 

I will need to put in a holding defence I suppose and push for disclosure at AQ stage - not a lot else I can do.

 

Mike

[postggj]

1.This claim is neither admitted nor denied with regards to the Defendant entering in to an Agreement or contract referred to in the Particulars of Claim ('the Agreement' or contract) the Claimant has yet to disclose any Agreement or contract as to the defendants CPR 31.14 Request. The claim fails to disclose any cause of action and is extremely vague in nature. The claim fails to deal with the basic rules of CPR, even allowing the constraints of a bulk issuer.

 

2. The defendant has absolutely no knowledge of any debt owing to the claimant, and despite asking for proof by a CPR 31.14 request, and sent by recorded delivery on the xxxxx, and delivered xxxxxxx (KF06xxxxxxxxxxGB) nothing has been forthcoming.

 

3. The claimant has failed to agree an extension to file a defence as to CPR 15.5. The claimants response to the defendants request to have the documents ready to formulate a defence has been obstructive. A response for the claimant to produce the required information was received by the defendant via email one day before the defence had to be submitted by the defendant. The claimant stipulated that any request for information can take six to eight weeks, and that the defendant will then have a further fourteen days to submit a defence when the documents were produced. That statement is contrary to the civil procedure rules, and the defendant receiving a possible judgement by default.

 

4. No documents supporting this claim in the particulars have been attached despite a request under CPR 31.14, and as a result of this, the defendant is unable to plead in defence to this claim.

 

5. Without clarification of the claimants claim, the defendant is extremely disadvantaged and the claimants claim appears to be without merit. The defendant asks to be allowed to submit a complete defence should the claimant provide copies of the original document he will rely on.

 

6. The particulars of claim are denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

 

(a) show how the Defendant has entered into an agreement or contract with the Claimant; and

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

© show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

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

 

8. Furthermore, 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 and 196 of the Law of Property Act 1925 and Section 82(a) of the Consumer Credit Act 1974.

 

9. The claimant has failed to comply with sections 111 AND 1V of the pre action conduct "practice directions"

 

10. 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.

 

11. For avoidance of doubt, the defendant is unable to plead effectively or at all to the particulars of claim

 

 

Statement ofTruth

I believe that the facts stated in this Defence of claim to be true.

xxxxxxxxx

 

Dated this xxth xxxx 2013.

 

 

 

 

MANDM

 

 

YOU ARE WELCOME TO USE THIS HOLDING DEFENCE WHICH I HAVE USED MYSELF, BUT JUST EDIT IT TO YOUR OWN SPECIFICATIONS

[MandM]

Thank you Squaddie, you're a gent.

 

Mike

[Capricorn1601]

Hi M&M

 

Have you had anything back yet?