MBNA debt - Wright hassle / AK claimform

[dx100uk]

use a mobile phone or digital camera!!

 

**you can post up images/letters by this method immediately..you don't need 10 posts**

.

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc

but leave all monetary figures and dates.

.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

************************* ************************* ***********

.

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

http://www.convert-jpg-to-pdf.net/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or http://www.freepdfconvert.com/

or

use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though DONT USE BANK NAMES or CAG in the title

i'e Default notice DD-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

...

YOU DONT have to put a link to the attachment in the msg box..just upload it ..job done

.

dx

[dx100uk]

damn beat me:lol:

[rutland1]

I have taken a picture, just need to work out how to get link here

[rutland1]

Hope this works

[dx100uk]

follow the guide I post

you need to PDF them

 

dx

[rutland1]

Thanks, I will try and get them into PDF but it is unlikely I can do this before my defence has been submitted.

I have however noticed that the DN sent to me from MBNA asks for the outstanding balance in full to be paid by the 29th August 2009, on the 27th August 2009 Experto Credite wrote to advise they had bought the interest of MBNA (is this classed as a NOA letter?). In any case this is a breach of timescales between DN and NOA?

[rutland1]

Hi Andy, could you look at this for me please. I've spent hours reading threads and it is still very daunting. I was reading a thread where you were helping Shamrocker and have tried to incorporate some of the advice you gave them into my own. I have spoken to the court at need to get this in quickly. It is as follows :

 

DEFENCE

 

I **** ****, am the defendant in this action and make the following statement as my defence to the claim brought by Aktiv Kapital Portfolio AS, the Claimant.

 

Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof.

 

The claimants Particulars of Claim are vague and do not provide sufficient detail and appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the civil procedure rules.

I am at a disadvantage to respond to this claim and to allow me to properly defend the claim. By way of example I have sent a CPR part 31.14 requesting copies of documents in the Particulars of Claim and the claimant has failed to provide any documents in accordance with this request.

 

Also a further request for information pursuant to the Consumer Credit Act has been made but as of this date has neither been supplied or the request acknowledged.

 

These requests were made to the Claimant’s solicitors on 11th April 2014 by recorded delivery and signed for by the claimant on 14th April 2014. To date I have received no response or acknowledgement from the claimant’s solicitor.

 

It is denied with regards to the Defendant owing any monies to Aktiv Kapital. The Claimant is put 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 for; and

© 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, 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.

[rutland1]

PoC for reference...

 

 

 

1.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 ****************

 

2.Despite demands for payment, the above amount remains due.

 

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

County Courts Act 1984 and costs.

[AndyOrch]

rutland what is this figure ?

 

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

[rutland1]

£11,500 approx

[AndyOrch]

Thanks just wanted to clarify that they have plead their claim to sec69 interest incorrectly.

[rutland1]

and have they? Are they claiming the full amount as interest?

[AndyOrch]

PoC for reference...

 

 

 

1.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 ****************

 

2.Despite demands for payment, the above amount remains due.

 

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

County Courts Act 1984 and costs.

 

####Defence####

 

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 although I am unaware of any assignment between the claimant and MBNA or what the account number in question refers to.The claimants particulars are vague spurious and lacking any precise reason or nature of claim.

 

3. Paragraph 2 is denied I am not aware of any assignment as stated above or any requests for payments.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 form any enforcement during this lack of service.

 

4.Paragraph 3 is denied the Claimants have failed to plead the correct method of section 69 interest or any calculation at all.

 

5.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 11th April 2014 by recorded delivery and signed for by the claimant on 14th April 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.

 

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

 

7.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 with the Claimant; 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.

 

8.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.

 

 

 

Edit to suit and check for accuracy and truth...copy and paste into MCOL and print your receipt as proof of submission.

 

Best of luck

 

Regards

 

Andy

[rutland1]

Andy that sounds great.

 

 

Many thanks. Will get it off ASAP and keep thread updated and keep reading up.

[AndyOrch]

If they wish to proceed you then introduce the deficiencies of the agreement within any Witness Statement.

[rutland1]

Hi, Hope anyorch is around to help again.

 

 

Looking like they are proceeding here. Last letter said they are not in agreement with the defence and await to receive directions from the court.

Just wondering what my next step is? Will this get transferred to my local court? , and the court will notify me?

[AndyOrch]

If they proceed you will receive a Directions Questionnaire to submit which allocates the claim to its track and transfers the claim to your local county court.....if they proceed.

[rutland1]

with your help andy they would be silly to proceed !

[rutland1]

Hi,

 

Yesterday received a letter from Northampton Court- Notice of proposed Allocation to the Fast Track. Presume this is normal, was hoping no news was good news as it had been so long since the original correspondence from Northampton Court with the POC. I have some time to consider and find out what to do, but any help would be appreciated, especially andyorch who's invaluable help has got me so far.

 

Thanks

[Ganymede]

Yes that is normal, it just means that the Claimant is proceeding with the claim.

 

You must file your DQ by the date the Court orders or you could face sanctions.

[rutland1]

Hi all,

 

I have a Directions Questionnaire to fill out and am a bit unsure how and what to put in it.

 

I have had correspondence from Claimants solicitors with their proposed directions then a further letter addressing the points in my defence.

 

Help !

[AndyOrch]

Hi rutland..this is Fast track I recall ...have you got the N181? Have you received a copy of theirs (not just their directions) ?

 

Andy

[rutland1]

Hi Andy,

 

Yes it is Fast track.

 

Ive only had their Draft Directions, I have my N181 but not seen theirs. This is stressful !

[AndyOrch]

Okay if you could post up or type out verbatim their directions...we can run through the DQ later its easy to complete.

[rutland1]

Ok, directions as follows:

 

IT IS ORDERED THAT

 

1. The case be allocated to the Fast Track

2. The parties shall give to every other party standard disclosure of documents by serving disclosure statements no later than 6th October 2014. The latest date for service of any request to inspect or for a copy of a document is 13th October 2014.

3. Each party shall serve on every other party the witness statements of all witness of fact on whom he intends to rely on no later than the 17th November 2014.

4. Each party must file a completed pre-trial check list no later than 8th December 2014. The trial of this case will take place on a date to be fixed between 12th January 2015 and 2nd February 2015.

5. The time allowed for the trial is 1 day including reading time.

6. The Claimant shall lodge and indexed bundle of documents contained in a ring binder and with each page clearly numbered at court not more than 7 days and not less than 3 days before the start of the trial.

7. Each party must inform the court immediately if the claim is settled whether or not it is then possible to file a draft consent order to give effect to their agreement.

8. Costs in the case.