MBNA debt - Wright hassle / AK claimform

[rutland1]

So my next move is a SAR request to MBNA?

[firstship]

Rutland.SAR sounds good to me,should produce some interesting Data,

 

Regards FS

[rutland1]

Will do then, and let Experto know that im requesting it.

[firstship]

Yes, like the letter to Experto as I am unhappy with your claims,I have SARd MBNA and depending on their response,if the need arises I will contact you

 

FS

[rutland1]

On to it, thanks for your help guys.

[rutland1]

Hi all, FS..hows the fight going?

Had a DN from experto recently, not sure what thats all about,m considering I am waiting for a NOA to find out who owns my account now.

Have had a letter threatening court action from a company called Fairfax, anybody had any dealings with this lot or know anything about them?

[Dotty50]

I am searching for information on Fairfax Rutland, a few of us have had letters this week!

 

Meebroke and Capricorn to name a couple.

[lochlisa]

I too have had the threatogram from Fairfax.

 

They are chasing an MBNA debt that has been unlawfully rescinded so they can pursue all they want !

 

It looks like this is another bulk operation that happens every so often.

 

Lisa

[firstship]

Rutland Hi,all quiet from Experto,Varde,and MBNA,and if thats the way they want it, fine,I to can be quiet although my OH will disagree

 

Regards FS

[rutland1]

Hi folks,

 

I have received a Claim Form from Northampton CC after a long period and many letters from solicitors and DCA's. I have been following the events of others on this forum and have learned a lot but need some help on how to defend this / next stage.

 

When I originally asked MBNA for a copy of my CCA I received a copy of an application form dated 1997 and some time later a Default Notice. I cannot see any assignment to any of the following companies who I have had letters from since including Aegis, Experto Credite, HL Legal, Fairfax, Tempus and Aktiv Kapital (Claimant on Court form).

 

The Final Notice received earlier this year was also from Aktiv Kapital who have referred my account to Quantum Debt Recovery / Wright Hassall LLP who are named as the company I need to send correspondence to.

 

Over the period I have had offers to wipe up to 50% of the debt off.

 

I think I need to reply through the Acknowledgement of Service part of the claim, is this right?

 

Thank you

[rutland1]

Also this may help...

 

Particulars of Claim - The Claimant is an Assignee of the following debts, notice of assignment having been given to the defendant in writing.

 

Should I send a CPR request to the Claimant?

[theoldrouge]

cpr31.14 request to claimants solicitors for all the docs that they mention in their poc, cca request to claimant .Acknowledge and defend all. It would help if you typed up verbatim the poc minus pers details.Watch your timeline 5 days deemed served, 14 to acknowledge aqnd further 14 to submit defence

[rutland1]

Hi, thanks for that.

 

So, CPR request and a CCA request? Separate letters?

 

POC details in greater detail:

 

The claimant is an assignee of the following debts, notice of assignment having been given to the Defendant in writing:

 

MBNA POINTS - DIRECT (EXISTING) £*****

Account Number ****************

 

Despite demands for payment, the above amount remains due.

 

The claimant therefore claims the sum of £****, interest under s.69

County Courts Act 1984 and costs.

 

I am going to return the Acknowledgment of Service to the court, will this automatically give me 28 days to prepare my defence or is that a separate letter / document?

[theoldrouge]

yes cca request to claimant, CPR 31.14 to claimants sols who have obviously launched the claim with no supporting docs other than a notice of assignment in the hope of a simple judgement by default. Having acknowledged you have 33 days from the date of issue of the claim to submit your defence do not miss this deadline docs or not.

[rutland1]

Hi,

 

 

Thanks for help so far. Another question - I am sending a CCA request to Claimant who is listed on Claim Form and their address is overseas, do I send it there?

 

 

The box under that on the claim form says "Address for sending documents and payments"

 

 

The name and address in that box is for some Solicitor based in UK, can I send it to the claimant or do I have to follow the above?

 

 

Thanks

[theoldrouge]

I would send to uk sols in this instance

[rutland1]

Thanks, plus I'm still a bit confused over the information in the POC. (Please see in post above). It's a bit vague and to be fair I have no idea what it is claiming.

 

 

Any thoughts?

[theoldrouge]

deliberately vague due to lack of supporting docs on their part imo, do not miss your submission of defence date regardless of whether you receive any docs or not in the meantime

[Dotty50]

Who are the claimant's, Wright Hassell?

 

They are in Leamington Spa so who's the company overseas?

 

This really needs to be done asap because of the deadline for you to submit your defence.

[rutland1]

Yes, thats them Wright Hassell. Overseas company is Aktiv Kapital, Swiss address.

 

I'm planning to send CCA request and CPR 31.14 but like i posted earlier the POC is strange so need to word it right / send right requests.

 

Thanks for you both taking the time to help.

[theoldrouge]

get those requests off asap, though all you will be able to request under cpr 31.14 is a copy of the notice of assignment and a statement of account (use the standard template letters in the Library)

[rutland1]

Hi,

 

 

Why just a copy of the notice of assignment and a statement of account under CPR 31.1?

Was going to ask for DN and Termination Notice and any other docs mentioned in POC.

[theoldrouge]

dn and termination notice not mentioned in poc any other docs is fine

[rutland1]

Hi,

 

Thanks, CCA request and CPR request letters sent recorded delivery.

 

Wait now and see what is sent? Cannot really prepare defence until then?

[theoldrouge]

wait and see but do not miss the submission deadline. Plenty of example defences on here without receipt of docs