Ccbc aktiv kapital/judge & priestly

[freemason2012]

Hi Guys need your help soonMBNA card £7k. Assigned to Aktiv Kapital now in CCBC. I have done the acknowledgment of service online. I need to do the defence. MBNA initially offered a settle figure which was half the amount of the account. I couldnt pay at the time and still cant pay it all. I offered Aktiv kapital a lower sum but they wont agree and now have gone to CCBC. Aktiv kaptal have harrased me for some 6 months with daily phonecalls and voicemails. They use blocked number, unknown numbers , mobiles etc. They then sent it to soeone called Tempus solutions who did they same.What are my optionsThanksFreemason2012

[freemason2012]

HI guys please reply as soon as you can, CCBC said send you defence in an email attachment today if possible. I dont want to give Aktiv Kapital any ammunition against me.

[ims21]

What is the date of issue on the claim form?

 

Can you type up the particulars of claim verbatim but leaving out any personal identifiers. Figures can be amended slightly too.

[freemason2012]

Date of claim is 26/9/2013. date of service is 5 days post this date and defence in for 28 days post date of service."The claimant claims the sum of £xxxx.xx for the debt and interest . On 19/10/2005 the defendant entered into an agreemend with MBNA for a credit card under reference xxxxxxxxxxxxx. On 30/11/2012 the defedant defaulted on the agreement with an outstanding balance of £xxxx.xx. On 21/1/3012 the debt of xxxxx, was assigned to Aktiv Kapatil Portfolio AS Oslo Zug Branch. Notice of assignment was sent to the defendant in accordance with s136 Law of Property Actt 1925.AND THE CLAIMANT CLAIMS1. The summ xxxx2. Statutary interest pursuant to section 69 of the county courts ACT 1984 at a rate of 8.00% per annum from 21/1/13 to 25/9/13 393.12 and thereafter at a daily rate of 1.59 until judgement or sooner payment."

[ims21]

So you are technically outside the time to issue a defence since the 28 days were up yesterday?

 

Hang on and I'll see is can find someone to pop in.

[citizenB]

responding to S.O.S.. just having a read to see how I can help

[citizenB]

Have you the following items - if not - did you request them when you received the claim form ?

Have you previously requested a copy of the agreement under the Consumer Credit Act 1974 ?

 

Agreement, default notice, notice of assignment ?

[freemason2012]

Have you the following items - if not - did you request them when you received the claim form ?

Have you previously requested a copy of the agreement under the Consumer Credit Act 1974 ?

 

Agreement, default notice, notice of assignment ?

 

Sorry i didnt request these. But i did ask the solicitors to send me all documents they had. no reply from them. AK

[freemason2012]

I had trouble posting a defense yesterday via the online portal for money claims, it would recognise the claim number. I called them today and they said send it via email today and we can process it.

[citizenB]

That is great they have given you a little more time, but we need to have a basis for your defence.

 

I think we have to proceed on the basis that you were not provided with these items originally and having made a request for them, they have not been forthcoming. Give me a few minutes.. I am looking for a similar situation for you

[freemason2012]

Yes they said that no request for judgement has been made so as long i can get something in that maybe ok.

[citizenB]

I have sent out an S.O.S for someone to help you prepare a defence..

[freemason2012]

Thanks CitizenB i am on the site waiting.

[citizenB]

Hopefully the S.O.S will be picked up soonest.

[The Mould]

Date of claim is 26/9/2013. date of service is 5 days post this date and defence in for 28 days post date of service."The claimant claims the sum of £xxxx.xx for the debt and interest . On 19/10/2005 the defendant entered into an agreemend with MBNA for a credit card under reference xxxxxxxxxxxxx. On 30/11/2012 the defedant defaulted on the agreement with an outstanding balance of £xxxx.xx. On 21/1/3012 the debt of xxxxx, was assigned to Aktiv Kapatil Portfolio AS Oslo Zug Branch. Notice of assignment was sent to the defendant in accordance with s136 Law of Property Actt 1925.AND THE CLAIMANT CLAIMS1. The summ xxxx2. Statutary interest pursuant to section 69 of the county courts ACT 1984 at a rate of 8.00% per annum from 21/1/13 to 25/9/13 393.12 and thereafter at a daily rate of 1.59 until judgement or sooner payment."

 

 

 

 

 

DEFENCE

 

 

 

 

 

 

State your full name, age and full postal address here and then state that;

 

In respect of the Claimant’s statement of case dated the (put date here), I , the Defendant respond to the same and I will say as follows:.

 

 

 

 

 

1. As to the first sentence of Claimant’s statement of case; It is agreed that I entered into the agreement on the 19 October 2005 as stated in the Claimant’s statement of case. It is denied that the agreement complies with s.61 of the CCA Act 1974 (as amended) and the Claimant is put to the strictest of proof in establishing the contrary of my contention as to this element of his claim.

 

 

 

 

 

2. As to the second sentence of Claimant’s statement of case, It is denied that I defaulted on the agreement as alleged and the Claimant is put to the strictest of proof in establishing the same and providing proof of his entitlement under s.87(1) of the CCA 1974(as amended) to entitlement to proceed to enforce the agreement upon which here lies. For the avoidance of doubt, no valid default notice pursuant to said section of said act was ever served upon me and the Claimant is put to the strictest of proof to the contrary.

 

 

 

 

 

3. As to the third sentence of Claimant’s statement of case, no such Notice of assignment was ever received by the Defendant as alleged. In accordance with s.196(4) of the Law ofProperty Act 1925, any notices required under this act must be served by way of registered post in order to render the same effective in law. The Claimant is, therefore, required to provide this Court with proof of service of the same pursuant to s.196(4) ofthe Law of Property Act 1925, failing which, his standing to bring this claim is denied and ought to be struck out in accordance with this Court’s powers under CPR Pt 1 the overriding objectives and CPR Pt 3.

 

 

 

 

 

4. In the light of the foregoing, it is denied that the Defendant is indebted to the Claimant as alleged or at all and the Claimant is put to the strictest proof onthe same and required to provide unequivocal evidence that any contractual relationship is extant between him and the Defendant, which, for the avoidanceof doubt is denied.

 

 

 

 

 

Statementof Truth

 

 

 

I believe that the matters set out above to be true.

 

 

 

Signed (your signature)…………………………………………this (put date) of October 2013

 

(Your Printed named underneath)

 

 

 

 

 

Kind regards

 

 

 

TheMould

Edited October 30, 2013 by citizenB
formatted joined text

[citizenB]

Thanks for responding TM

[The Mould]

CB

 

You are most welcome. I was not able to respond to your pm, however, famous minds think alike and I had already seen this case and was sending my reply to it when I had then spotted your pm s.o.s.

 

I believe that if the op can send on his Defence one day late that he shall not suffer any harsh and draconian sanctions on the same. The op appears to have a Defence sufficient enough to hold and the burden is then on the Claimants' shoulder to prove otherwise.

 

Kind regards

 

The Mould

[citizenB]

[freemason2012]

That is an excellent defence statement. Thank you very much. Just one concern. During the harrasment period i did offer Aktiv Kapital a settlement figure which they rejected on more than one occasion. Will this casue any problems ?

[citizenB]

You haven't denied owing money to them. I don't think this will cause you any problems .. hopefully The Mould will return and offer advice on that.

[freemason2012]

Ok great. I will get this drafted and will send it as soon as The Mould responds.

[freemason2012]

Hi Guys still havent heard from The Mould. I will wait till 10pm and then tentatively send in my defence via email.

[AndyOrch]

Probably too late now but you should add an header Claimant (name ) v Defendant (name) claim number xxxxxxxxx

[freemason2012]

Thanks Andyorch. I did add a header with the details you mentioned. So what happens now? if they wan to proceed and make a disclosure?

[citizenB]

They will now have 28 days in which to advise the court if they wish to proceed. The court will advise you of this.