Aktiv Kap/hassall SD *** old MBNA Card **Resolved by Tomlin Order**

[citizenB]

andyorch says this requires a custom draft, so can you please let us know when your submission date is please ?

 

I think it is the 30th June, yes ?

[chinawhite1]

Hi Cb

yes it the 30th June

[AndyOrch]

Just give me nudge say a week before china and we can can draft suitable response.

 

Regards

 

Andy

[chinawhite1]

Thamk you Andy, I appreciate it

 

regards

CW

[chinawhite1]

Hi andy

You said to give you a nudge regarding response to claim - defense is due 30th June so any help would be appreciated

 

Thanks

 

CW

[AndyOrch]

Yes China ..I have you on my " to do " list ...we can pick this up Monday

 

 

Andy

[chinawhite1]

hi yes that would be great

 

thanks cw

[chinawhite1]

Hi Andy,

 

sorry to bug you but you said to pick this up today

 

thanks CW

[AndyOrch]

Yes China currently running through your thread to digest the detail and then I will take your proposed defence and amend it accordingly ......I will have a final draft for you later this week in time to submit.

 

Regards

 

Andy

[chinawhite1]

Thank you so much for that i really appreciate it

 

regards CW

[AndyOrch]

Particulars of Claim -

 

The claimant is an assignee of the following debt , notice of assignment having been given in writing.

UK series £xx,xxx account no xxxxxxxx - despite demands for payment the above sum remains due

Claimant therefore claims the sum of £xx,xxx .....interest due under s.69 and costs.

 

Defence

 

 

On the 12th March 2013 I received Statutory Demand from Aktiv Kapital in connection with this claim. I defended this on the following basis.

 

I made application for the Statutory demand to be set aside as the creditor is aware the debt is in dispute, the original creditor failed to comply with its obligations under the Consumer Credit Act, and I believe that the creditor in issuing this Statutory Demand is an abuse of process intended to pressure me into paying the full amount of a disputed debt contrary to the OFT debt collection Guidelines.

 

On the 15th May 2013 myself and the Claimant appeared before District Judge xxxxxx at xxxxxxxxl Magistrates Court. Judge xxxxxx advised me that he had received a letter from Wright Hassall Solicitors who were acting for Aktiv Kapital stating that as I had made a request pursuant to Section 77/78 of the Consumer Credit Act for documents they would be required to apply to the original creditor for the documents. They stated that this could take up to twelve weeks. They then stated that they would consent to demand being set aside and would obtain the necessary documents.To this date they have yet to comply

 

District Judge xxxxx set the Statuary Demand a side and stated that in his opinion the demand from Aktiv Kapital was an abuse of the judicial process and debt collection.

 

Therefore :-

 

1. It is not admitted with regards to the Defendant entering in to an Agreement referred to in the Particulars of Claim ('the Agreement') with the Claimant as the Defendant did not enter into any Agreement with the Claimant.

2. It is not admitted with regards to the Claimant terminating the alleged contractual Agreement as the Defendant did not enter into any Agreement with the Claimant.

3.It is denied that neither the original creditor nor the Assignee have ever served a Default Notice

3 It is denied that the claimant has ever served a Notice of Assignment.

4. It is 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 with the Claimant; and

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

© show that a valid Default Notice was issued; and

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

 

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

 

5. As the claimant purports to be 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.

 

6. Whilst the Original creditor and the Assignee remain in default of a section 78 request they are unable to enforce without the courts permission.

 

7. 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.

 

 

 

 

 

 

Okay China check for accuracy and/or edit to suit...copy and paste into MCOL and print off your receipt as proof of submission.

 

Regards

 

Andy

[chinawhite1]

HELP !!!!!!!

 

Andy

 

thanks for the above it is much appreciated however - i have just today received from wright hassall a copy of my MBNA app form, an attached printed credit agreement (not signed by me ) , a default notice (which I have never seen before as I did not receive it) and a notice of assignment from MBNA which is not dated but says they confirm the account has been assigned to Varde Investments Ireland Ltd (is this another name for Aktiv Kapital?) it does not give the date of assignment to them but give the default date.

 

This obviously changes my defence somewhat !!! do you have any advice on how to proceed from here ??

 

The default notice is dated 7th July - the default date is 26th July and on the notice of assignment it gives the default date as the 30th June ?

 

This doesnt now give me much time to decide what to do !!!!!!!

 

any advice welcomed ! thanks CW

[Old Cogger]

Vardi use Experto Credite, Aktiv Kapital are a differenet company

[chinawhite1]

Hi ive just been checking dates etc and am getting totally confused. DN is dated 7th july 2010 (wed) and ive read on other posts that they were posted uk mail which was 2nd post (they did send everything uk mail asI have an envelope from one of their statements) so does this mean that the end date of 26th July is right, i think it does.

 

Have just checked the SAR details and they actually SOLD the debt to experto credite on the 15th July 2010 - are they allowed to sell debt on whilst DN still outstanding ? it also says on their statement they sent me that on the 30th June (the default date they have put on notice of assignment to varde ) charge-off adjustment then the amount as a minus figure , then underneath charge-off adjustment again with the amount as a plus figure then underneath that on 16th July it says Zero curbl on sold acct , then the amount as a minus figure again ?

 

The payment they ask for on the DN includes all the default sums and interest they put on account , I am contesting these defaults as I had at that stage written to them to ask them to freeze interest while I sorted my finances out.

 

Im getting a bit bogged down now as to which bits from Andys defence I should now use !!!!

 

thanks CW

[chinawhite1]

Hi Mike 770

 

so does this mean this notice of assignment cannot be used in their claim ?

[chinawhite1]

This is a hysterical laugh - think im losing the will to live !! Information overload,

 

Andy,

 

Should I still send the defence as above or change it to reflect the paperwork received ?

 

thanks CW

[AndyOrch]

If you have now received the paperwork (which seems rather coincidental) then you have no choice...is what you have received valid legible and correct?

[chinawhite1]

the DN seems to have the correct dates - but notice of assignment is for varde investments not active capital - and the date of assignment is the 30th june - default notice is dated 7th july with end date of 26th july which is correct - but I have no notice of assignment for aktiv capital at all - im confused !!

[Old Cogger]

check it probably be to vardi agents (Experto Credite) then sold on to Aktiv Kapital as my O.Hs as quite similair case to hers. her DN faulty anyway as they did not allow 14 working days as per Master of the Rolls Bickford Smith Direction. 2nd class at least 4 days for service.

[chinawhite1]

DN dates are okay - but notice of assignment is for Varde and dated 30th June - DN is post dated 7th July with end date 26th July -

 

Does this notice of assignment cover the fact that it was then sold to aktiv kapital or should I have another one from aktiv kapital them saying it is now assigned to them -

 

Im struggling with what to now use as my defence and I only have today really to get it sorted so any advice would be appreciated

 

Thanks CW

[chinawhite1]

the CCA is my application form and then a seperate set of T&C's which I believe is considered acceptable, although there is no account number on the app form or the T&C's - so does that mean that this CCA cannot necessarily be linked to my account ?

[Old Cogger]

can you upload a copy of the DN, minus personal details, for MBNA to get a DN right at that time is well?????? and dates etc need looking at as not seem right?

[citizenB]

HELP !!!!!!!

 

Andy

 

thanks for the above it is much appreciated however - i have just today received from wright hassall a copy of my MBNA app form, an attached printed credit agreement (not signed by me ) , a default notice (which I have never seen before as I did not receive it) and a notice of assignment from MBNA which is not dated but says they confirm the account has been assigned to Varde Investments Ireland Ltd (is this another name for Aktiv Kapital?) it does not give the date of assignment to them but give the default date.

 

This obviously changes my defence somewhat !!! do you have any advice on how to proceed from here ??

 

The default notice is dated 7th July - the default date is 26th July and on the notice of assignment it gives the default date as the 30th June ?

 

This doesnt now give me much time to decide what to do !!!!!!!

 

any advice welcomed ! thanks CW

 

 

I am a little puzzled If the Date of assignment is in June - who has issued the Default Notice in July !! Or are these different years ?

[Old Cogger]

the CCA is my application form and then a seperate set of T&C's which I believe is considered acceptable, although there is no account number on the app form or the T&C's - so does that mean that this CCA cannot necessarily be linked to my account ?

 

 

no doubt it states T&Cs SEE ITEM 1,2,3, OF AGREEMENT? AND THEN 3-4 SHEETS OF SO CALLED T&CS????,

[AndyOrch]

Just bringing the defence forward for reference

 

 

Particulars of Claim -

 

The claimant is an assignee of the following debt , notice of assignment having been given in writing.

UK series £xx,xxx account no xxxxxxxx - despite demands for payment the above sum remains due

Claimant therefore claims the sum of £xx,xxx .....interest due under s.69 and costs.

 

Defence

 

 

On the 12th March 2013 I received Statutory Demand from Aktiv Kapital in connection with this claim. I defended this on the following basis.

 

I made application for the Statutory demand to be set aside as the creditor is aware the debt is in dispute, the original creditor failed to comply with its obligations under the Consumer Credit Act, and I believe that the creditor in issuing this Statutory Demand is an abuse of process intended to pressure me into paying the full amount of a disputed debt contrary to the OFT debt collection Guidelines.

 

On the 15th May 2013 myself and the Claimant appeared before District Judge xxxxxx at xxxxxxxxl Magistrates Court. Judge xxxxxx advised me that he had received a letter from Wright Hassall Solicitors who were acting for Aktiv Kapital stating that as I had made a request pursuant to Section 77/78 of the Consumer Credit Act for documents they would be required to apply to the original creditor for the documents. They stated that this could take up to twelve weeks. They then stated that they would consent to demand being set aside and would obtain the necessary documents.To this date they have yet to comply

 

District Judge xxxxx set the Statuary Demand a side and stated that in his opinion the demand from Aktiv Kapital was an abuse of the judicial process and debt collection.

 

Therefore :-

 

1. It is not admitted with regards to the Defendant entering in to an Agreement referred to in the Particulars of Claim ('the Agreement') with the Claimant as the Defendant did not enter into any Agreement with the Claimant.

2. It is not admitted with regards to the Claimant terminating the alleged contractual Agreement as the Defendant did not enter into any Agreement with the Claimant.

3.It is denied that neither the original creditor nor the Assignee have ever served a Default Notice

3 It is denied that the claimant has ever served a Notice of Assignment.

4. It is 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 with the Claimant; and

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

© show that a valid Default Notice was issued; and

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

 

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

 

5. As the claimant purports to be 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.

 

6. Whilst the Original creditor and the Assignee remain in default of a section 78 request they are unable to enforce without the courts permission.

 

7. 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.

 

 

 

 

 

 

Okay China check for accuracy and/or edit to suit...copy and paste into MCOL and print off your receipt as proof of submission.

 

Regards

 

Andy