Aktiv Kapital claimform - MBNA card debt.***Claim Discontinued***

[Capricorn1601]

subbing

[scousebird]

well 7+ months later........... they have found a copy of a signed document. [cant dispute - its real]

do i have any chance of stating they are out of time ?

or just bite the bullet ?

 

if i bite the bullet, they have bought the debt - any advice on % to offer for one off payment ?

 

thanks.

[Old Cogger]

well 7+ months later........... they have found a copy of a signed document. [cant dispute - its real]

do i have any chance of stating they are out of time ?

or just bite the bullet ?

 

if i bite the bullet, they have bought the debt - any advice on % to offer for one off payment ?

 

thanks.

Why is it always 7 months+ later the so called copy signed documents suddenly appear,

 

 

same happened to us couple of years ago, and A.K. involved at the time???????

 

A.K have a very (None) generious plans,

 

 

1. pay £x.xxx over 3 months, after which very small % discount up to 5+ years, look at their site = Pittance,

 

 

but who says the documennt is enforceable and any default notice correct = we are dealing with MBNA after all???

[havinastella]

Can you post up a copy of the agreement?

[Capricorn1601]

hi there. Can you post up your cca? also give the low down on how far this has gone? Have you had a default notice etc. Let the team look to see if its enforceable? if not then put it into dispute.

[scousebird]

after looking around this site.......... had a rethink about what they have actually provided.

 

in one envelope came a copy of MBNA platinum plus credit card APPLICATION FORM which is filled in with my work details and address etc.

it shows that i was asking for the card to transfer an opening balance onto it.

it was signed by me 3 sept 1999 and their own date stamp is 15 sept 1999.

on reverse page standard blurb that does refer to the balance transfer rate under their flexibility column, along with rate charged for purchases; and illegible but what looks like the financial and related conditions.

 

in another envelope came copies of statements from around april to september 2012.

 

obviously they want me to pay ! so as per my original question - any idea of % to offer to settle??

assuming this signed Application is the correct document is it enforceable even though my CCA request was over 7+ months ago?

 

ok reading about how mbna have been known to photostat and shrink to fit T&C and make look as if part of original documentation...... it certainly seems to be the same sized document both application side and 2nd side with general blurb about the platinum card benefits.

 

principal cardholders request and declaration box [in the same area - but not in the same box as the signature:

asks them to issue me an MBNA credit card and additional person if i have requested it

its says i have received a copy of T&C and agree to be bound by them

it also says that after a credit check they reserve the right to issue a gold or standard card with a lower credit limit

[actual form is for a platinum plus card]

 

Application side in the bottom footer says.......

000053512 [left corner] issued by mbna, chester ch4 [centre] NP991017A*A31099 [right corner]

 

blurb side in bottom footer says.....

LA-10-99-3107-N

 

any one know if these codes are linked as front and back?

can i request to see the Original?

 

thanks !!

[MrHat]

any thoughts?

 

would like to know if it is worth replying along lines of they are out of time and put them to proof that the 2 separate copies belong together as one document?

 

Imo the out of time argument wont work but no harm writing to the judge to ask for a strike out I suppose. Judges tend to be lenient to the claimant in terms of deadline and the order was not an 'unless order'

 

Make sure you keep to your deadlines though

 

Oops, just re-read thread and think I got it confused with another similar one. Ignore last post.

 

Can I ask why you don't feel you owe this debt?

[scousebird]

anybody?

can i ask them to prove the 2 individual pages belong as one document ?

[scousebird]

due to ill health and increasing debt.... this MBNA issue got buried and forgotten............. until now.

 

i had no further letters from MBNA or Activ Kapital

- until this month but from another DCA PRAgroup. [so 2.5yrs gap]

 

they claim to have had written to me last month and spoken to me on numerous occasions - which they havent.

 

their letter is demanding payment/offers etc otherwise will issue Court proceedings.

 

am i right in thinking this is something they can do? or are they using bullying tactics.

 

i have mortgage arrears, CCJ's with payment plans agreed along with charges on the house........... so they are in a long queue.

 

just thought i would ask the question to see how i should respond to them.

 

EDIT... have since read another thread about MBNA/pra group

- and the lady had like me received a copy of the APPLICATION FORM after sending CCA request.

 

some replies indicated that an Application form is NOT the actual agreement.

[my post #23 #24 outlines what i received and my concerns about the validity of some pages].

Edited December 7, 2015 by scousebird
added in an EDIT note

[dx100uk]

AK are now the PRA group same lot....

 

 

and I bet it does not say WILL anything

read it properly.

 

 

dx

[scousebird]

thanks DX.

quotes from letter... dated 2.12.15

 

"PRA group uk ltd; account ref"

we write further to the above and inform you that your account has not been transferred to the Investigations and Litigation department.

this is a letter before claim as required by the Practice Direction on pre action protocols, to give you notice of pra groups intention to issue court proceedings against you.

you should consider the contents of this letter and seek legal advice or contact.... free advice agencies.....

 

we specifically refer to paragraph 4 of the practice direction and set out in that paragraph are the courts powers to impose sanctions for failure to comply with practice direction.

 

you will recall that you entering into a written agreement no xxxxx on or about 8.9.99 with mbna. regulated by CCA 1974. the agreement obliged you to make payments however in breach of the agreement you failed to make those payments and are now in breach of the agreement.

 

by a notice of default the creditor required you to remedy the breach within the prescribed period and gave notice that in default of so doing you would be liable to pay the monies due and owing. however you didnt..... so liable to pay the creditor the sum of xxxx

 

by assignment in writing dated 23.10.12 the creditor assigned the debt to pra group - then by notice in writing pra wrote to you to notify you of the assignment. PRA group have made further written and oral requests for payment but you have not paid them the sum due and owing.

 

if after considering this letter you take the view that you do not owe £xxx then we look forward to receiving your reasons by you take that view plus supporting documentation.

We do not presently envisage the expert witness evidence will be needed in this claim.

this letter should also be treated as an invitation to refer this dispute to mediation or some other form of alternative dispute resolution [ADR].

in addition this letter triggers certain time limits that affect you.

1. you are expected to acknowledge and answer this letter by 17.12.15

2. you are expected to respond to the invitation to refer this matter to ADR by 17.12.15

 

we look forward to receiving your letter in reply responding to the claims made against you and/or setting out your proposals for settlement/payment. we are prepared to discuss repayment options if this assists you.

if we do not hear from you within the above time limits then court proceedings WILL be issued against you which may increase your liability for interest and costs.

if you have difficulty complying with the time limits please explain the problem to us asap and we will consider a reasonable request for an extension.

 

so there you have it!

a. not sure what practice direction, paragraph 4 is ?

b. first i have heard of pra group - thought it was assigned to AktivKapital [but dx you say are the same company!] so surely their wording is misleading?

c. they definitely have used the word WILL issue court proceedings.

 

thoughts/advice would be grateful.

[dx100uk]

can you scan it up to PDF please

 

 

follow the upload

[scousebird]

hi dx

unable to do just now....

apart from letter head and footers i have typed most of body text.

 

can you give me your thoughts based on the typed copy for now?

[dx100uk]

something fishy to wait all tis time.

 

 

so you sent an sar to MBNA all those years ago

got all the statements?

 

 

doesn't sound nice that letter .

 

 

when was the last CCA request to them?

 

 

dx

[scousebird]

something fishy to wait all tis time.

 

 

so you sent an sar to MBNA all those years ago

got all the statements?

 

 

doesn't sound nice that letter .

 

 

when was the last CCA request to them?

 

 

dx

 

Only ever did a CCA request. To activ capital. Got an APPLICATION form returned and some statements. Not sure if i still have.....

this was all 2.5 years ago...

 

 

Thx.

[Stigman]

You also said in post #31 that AK sent you an application form in response to your CCA request.

 

Please can you scan in & edit out your personal information including any barcodes, agreement numbers etc and post up, DX100uk gives upload instructions in post #37.

 

Stigman

[scousebird]

You also said in post #31 that AK sent you an application form in response to your CCA request.

 

Please can you scan in & edit out your personal information including any barcodes, agreement numbers etc and post up, DX100uk gives upload instructions in post #37.

 

Stigman

 

Apols for delay... only just seen this stigman.

not sure where papers are as life got very messy.

but yes they sent me papers after my CCA request.... when double checked it was a copy of my application but i was doubtful as to whether the two pages sent were actual front and backs and asked if the form references fitted with the date of application.

I had then seen elsewhere that application forms were disputed as agreements... so asked for opinions on this too.

 

I suppose this new contact seems more attacking and do others know if this is the new approach with court route....

and if so am i better dealing before court involved.

 

Thx

[dx100uk]

time for a new cca request me thinks

[scousebird]

time for a new cca request me thinks

 

Thx.

CCA to mbna. Activ. Or their new trading name ?!?

While at it do i do a SAR and if so.... to who?

 

Regards.

[dx100uk]

cca request always goes to whomever owns the debt or wants money out of you.

 

sar always goes to the original creditor.

 

read ALL the posts in each clickme thread FIRST

[scousebird]

Well

sent cca request.

Delivered 21.dec.15.

 

 

court forms received wed 30 dec (issue 24dec).

 

 

Spoke to dca as didnt want delay due to time frame..

 

 

He ack my letter and agreed to discontinue.

Until cca request complied with.

 

advised me to call court to confirm they received electronic discontinue request on monday after new year.

 

 

Do i still need to acknowledge court form by 14day to get leave to defend by 28 day...

 

 

.. or is discontinue automatic as i havent done acknowlgement yet.?

[dx100uk]

why are you talking to a fleecing DCa on the phone?

 

 

 

 

I'd defend all on MCOL regardless

 

 

never trust a DCA..

[scousebird]

I am happy to acknowledge the claim but dont want to mess the discontinuance up.

 

I have also sent a recorded letter to the dca confirming his agreement to discontinue. Just as back up.

 

Does a discontinuance have to go in front of a judge...... or as done prior to any acknowledgement by me is it just a formality.

[dx100uk]

you wont mess anything up

ack the claim defend all

 

 

whe/ if the COURT confirm its disc'd then that's when you can believe its true.

[scousebird]

Thanks.