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Capricorn v Aktiv Kapital (MBNA) - Court Proceedings

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There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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Evening all

 

Just started a new thread after 4 years. Arrived home tonight to find my N1 from Aktiv Kapital.

 

In Summary so far

 

Early Homebase card, approach in car park to fill in application form

credit limit increased over the years

Offered O%

They claimed a payment was late and hiked up the interest

OH lost his job

Sent out a CCA

No T&Cs on application form ( they claimed there was a small section on the reverse (1/6 page) but did not correspond with statements on front

defective default notice

Sold to Experto

passed around abit

sent to Aktiv Kapital

I sent them this account is in dispute

They investigated and send another copy of faulty CCA/application form

I sent them letter referring to Unlawful rescind letter to MBNA

Two letters acknowleding account on hold whilst they investigate - second letter 30 April, received today.

N1 received today also

No LBA

 

Any help please


There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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You have 33 days from the date of Issue to submit a defence.

 

 

Date of Issue + 5 days for Service + 14 days to acknowledge + 14 days to defend.

 

 

If you Acknowledge earlier than the 14 days, it doesn't meant that you lose any time by doing this. What was the date of Issue and do you have your own thread, so we don't get confused with meebroke :)

 

 

 

 

 

Thanks

 

Date of issue 1st May

 

 

 

 

Ok..

 

Issue date, 1st May + 5 days for service = 6th May + 14 days to Acknowledge = 20th May + 14 to submit defence = 3rd June 2013.


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Can you let us know exactly what is on the claim form please. Then we can advise what you need to request by way of CPR :)


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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 03/03/12. The Agreement terminated upon the Defendants failure to comply with the terms of the Agreement and the statutory Notice of Default served by MBNA EBL The claimant seeks interest persuant to section 69 of the County Court Act 1984 at the rate of 8% per annum from the date of issue continuing at the daily rate of 3.44. Any payment should be directed to the claimants solicitors on 01527 586517.


There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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Ok, well for a start, I doubt very much indeed that at the time you were stalked in the car park that the document you signed contained the terms and conditions or that you were provided with a copy.

 

Account in dispute by way of non compliance of s78 request and no Letter before action..

 

Can you say in what manner the DN was defective


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2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

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5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

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Hi there

 

yes the DN was dated 4th December, Received on 9th December. It only gave me until 21st December to remedy the situation. The letter was sent second class, therefore 4 days postage.

 

I believe from other threads of DN's issued on the same date the first of the 4 days postage does not start until Monday (as 4th was a Friday) hence the 4th day is 10th December. Then 14 days should have taken me Xmas eve not 21st. The account was also passed on during this period to Experto


There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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Any advice CB?


There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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well I managed to sleep ok, but have knots in my stomach and my nerves are bad. Any words of advice from anyone on here would be appreciated. Not sure why the N1 now when I had the 'account on hold' letter in the same batch. Not sure what the wording on the N1 means? " The claimant seeks interest persuant to section 69 of the county court Act 1984 at the rate of 8% per annum from the date of issue continuing at the daily rate of 3.44. ". Can anyone advise on which way things are swinging in the courts for cases such as these at the moment.


There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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Hi Cap,

okay firstly have you acknowledged the claim online yet ?

 

Secondly you need to get a CPR 31.14 request off to them send it registered or special delivery if you can?

 

That line on the POC "Any payment should be directed to the claimants solicitors on 01527 586517." is odd never seen that before.

 

Documents to ask for.

 

True Copy of agreement

True Copy of T&C

True Copy of NOA (this could be fun MBNA to Varde to Aktiv proof of delivery too)

True copy of DN

True copy of termination notice

copies of statements from inception to determine amount claimed.

 

Send this to the solicitors chase them up by letter or phone them when they don't comply.

 

They can only claim interest from when they "acquired" the account till when and if they get judgement.

 

The solicitors who are attached are a right bunch, I take it you have copies of the DN, CCA, and statements etc. They have been know to "produce documents" :wink: so if you have original's that will help.

 

The DN is very clearly defective I bet it asked for full balance too they usually do. They will probably find a copy in their records that will magically become compliant.

 

I hope that helps

 

Mr P

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well I managed to sleep ok, but have knots in my stomach and my nerves are bad. Any words of advice from anyone on here would be appreciated. Not sure why the N1 now when I had the 'account on hold' letter in the same batch. Not sure what the wording on the N1 means? " The claimant seeks interest persuant to section 69 of the county court Act 1984 at the rate of 8% per annum from the date of issue continuing at the daily rate of 3.44. ". Can anyone advise on which way things are swinging in the courts for cases such as these at the moment.

 

try not to worry. you'll get help.

not good of them to issue a claim when they said that it was on hold/investigation, and no LBA.

re interest, any interest has to be pleaded correctly. they can claim stat interest up to judgment, for the j to decide on in the circumstances once/if judgment. it does seem as if they've been fair on that by claiming from 'issue' of claim only? usually 'they' claim a few years worth prior.

anyway, seems main issues if defending are no signed doc containing all of the required terms (as required by s127 con credit act), non compliant def notice, and non accurate compliance with cca request? is there any missold ppi? statute barred?

as said, could do a 31.14 request for a copy of the docs mentioned that they rely on. is this small claims? ie below 10k (now 10k re small claims limit?). if so, they might refuse 31.14 on that, but maybe worth a try?

Edited by Ford

IMO

:-):rant:

 

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Hi Ford, long time no see :D

 

The amount is above 10k

 

Thanks

Caps


There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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Hi Ford, long time no see :D

 

The amount is above 10k

 

Thanks

Caps

 

hi :)

 

ok, so they can't refuse 31.14 re it being small claim. could do it then, see what they come back with if anything. any missold ppi, poss statute barred?


IMO

:-):rant:

 

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Hi there

 

No, no PPI and only 4.5 years in so not SB

 

Thanks


There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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have a read round similar threads, to get an idea of things.

do the 31.14 request (sticky), edit it to suit.

adhere to all court deadlines

re dn, if required can you show that it was sent 2nd class eg still have the envelope, or any sar info? also, not good for them to assign it on prior to expiry of the dn.

Edited by Ford

IMO

:-):rant:

 

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Thanks again ford

 

Yes I can show DN was sent 2nd class. Still have envelope etc. Never SAR'd them though.

 

 

Caps


There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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edit, duplicate post


IMO

:-):rant:

 

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Hi Cap,

okay firstly have you acknowledged the claim online yet ?

 

Secondly you need to get a CPR 31.14 request off to them send it registered or special delivery if you can?

 

That line on the POC "Any payment should be directed to the claimants solicitors on 01527 586517." is odd never seen that before.

 

Documents to ask for.

 

True Copy of agreement

True Copy of T&C

True Copy of NOA (this could be fun MBNA to Varde to Aktiv proof of delivery too)

True copy of DN

True copy of termination notice

copies of statements from inception to determine amount claimed.

 

Send this to the solicitors chase them up by letter or phone them when they don't comply.

 

They can only claim interest from when they "acquired" the account till when and if they get judgement.

 

The solicitors who are attached are a right bunch, I take it you have copies of the DN, CCA, and statements etc. They have been know to "produce documents" :wink: so if you have original's that will help.

 

The DN is very clearly defective I bet it asked for full balance too they usually do. They will probably find a copy in their records that will magically become compliant.

 

I hope that helps

 

Mr P

 

 

Capricorn,

 

Sorry for the delay, I have taken a few days off and have been alerted to your thread by Mike770.

 

Yes, please send a CPR31.14 requesting copies of the documents mentioned in the claim.

 

You need to get this out urgently..

 

The documents you can request are..

 

True Copy of agreement

terms and conditions from both inception and current

True Copy of NOA (this could be fun MBNA to Varde to Aktiv proof of delivery too)

True copy of DN

True copy of termination notice

copies of statements from inception to determine amount claimed.

 

I thought you were pretty much covered as you were following someone else's thread who is in a similar situation.

 

I have given you your timeline in an earlier post. So ensure that you acknowledge the claim online, using the password and link given on the claim before the date I gave you on your timeline.

 

I have copied the CPR31.14 request below for you. Read it carefully and amend where indicated.

 

 

 

 

[Your address]

 

 

[Their address]

 

[Date]

 

 

Dear Sir,

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) county courtlink3.gif.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored] [delete if no such request was delivered]

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1: the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2: the assignment*

 

3: the default notice*

 

4: the termination notice*

 

5: [any other documents mentioned in the Particulars of Claim]*

 

* delete if not mentioned in the Particulars of claim.

 

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

Yours faithfully

 

 

I will give some thought to a letter for you to send separately regarding their behaviour in respect of pre action protocol and issuing the claim whilst the account was supposedly on hold.

 

But that wont be until Wednesday..

 

So.. your tasks for Tuesday will be to get the CPR31.14 into the post by a tracked mail service. Recorded Delivery or Special Delivery if you can afford it. And to acknowledge the claim online. Ok !

Edited by citizenB

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thanks CB

 

Yes Im following MeeBroke, but dont want to miss anything which may be different in my case. I have acknowledged reciept of the N1 online, and will get the CPR out on MOnday.

 

Thanks again

 

 

Caps


There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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CPR letter tailored accordingly, including a nice paragraph on how they have breached the OFT Determination of Minded to Impose Requirements Notice which was placed on them. Sending the letter out today by recorded delivery.

Still feeling uneasy and like crap.


There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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Quick question. I have been looking back at my old thread, and Im not sure why but someone asked if there was a box on the Default notice (around Default Notice etc). I cant remember what the relevance is of this can anyone remind me?


There is no such thing as a 0% credit card....... someone out there is paying for it, and for once its not going to be me.:razz:

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Hmm, I am not sure what the relevance of a box either ?

 

I will try and find the regulations for the DN ..


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Here you go.. I cant see any mention of a box though ! Do you have a copy of your DN ?

 

[ATTACH=CONFIG]43648[/ATTACH]

 

Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983[1].pdf


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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.....Still feeling uneasy and like crap.[/i][/font][/color]

 

 

don't worry. see what, if anything, comes back re your 31.14 request. take it from there. if required, you should be able to negotiate a settlement prior to court.


IMO

:-):rant:

 

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