County Court Papers received - Activ Kapital for MBNA

[rascolians]

Hoping someone can help me...today received papers from Northampton Bulk Centre issued by Activ Kapital for an alleged debt with MBNA. I have had no prior contact with AK and need some help to know where to start with this. Have gone through various posts on the forum and realise that a little knowledge could get me into trouble which is why I am asking from the outset.

Hoping that you can offer some help..?

[AndyOrch]

Hi rasco and welcome to CAG

 

If you post some history on the debt and your dispute and how it arrived at a claim being issued?

 

Regards

 

Andy

[rascolians]

The matter refers to an old MBNA card that I had. I was making regular payments until 2010 when I defaulted.

 

It seems that at some point the 'debt' has been sold to Aktiv but there is no indication as to when this was.

 

I have had no contact from either MBNA or Aktiv about this.

 

They are also trying to claim interest on the amount from 2010 plus a daily rate.

 

Any advice as to the best way to handle this would be welcomed.

 

Thanks

[AndyOrch]

Ok well lets kick it off with their particulars...if you could type out (verbatim) less any identifiable data what they plead.

 

In the meantime got to the library (Legal) and look for the CPR 31.14 request...this is a request for disclosure but only for the documents referred to in their particulars of claim.

Then go to the Debt collection library and look for the Credit Consumer Agreement request..this is a section 78 request....you have to enclose a £1 Postal Order and send recorded delivery..print name and head the request " I do not acknowledge any debt with your company "

 

Bump your thread once you have read them and ready to send and Ill pop back in.

 

Regards

 

Andy

[rascolians]

Thanks. Will get the letters, in the meantime:

 

The Claimant is the Assignee of a debt(s) due in relation to a/various Credit Agreement(s) regulated by the Consumer Credit Act 1974 entered into between xxxxxxxxx Bank Ltd and the Defendant. Notice of Assignment was provided to the Defendant by the Claimant in writing. The agreement(s) was/were terminated upon the Defendant failure to comply with the terms of the Agreement(s) and or the statutory Notice of Default served by xxxxxxxx Bank Ltd. The Claimant complied with Section III and IV and Annex B of the PD Pre-Action Conduct.

And the Claimant claims:

Credit Card Account number xxxx balance of £xxxx as of 31/7/10.

Interest under s69 of the County Court Act 1984 at the rate of 8% a year from the Default Date(s) to 4/11/13 of xxxxxxx and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £xxx AND Costs.

[rascolians]

OK Andy. I have prepared the letters and am ready to send.

[AndyOrch]

[rascolians]

Sent the acknowledgement of service back to the court indicating that I intend to deny the allegations. Have not yet had a response to the two letters sent via recorded delivery to the claimant.

[rascolians]

Received from AKtiv a notice of Sums in Arrears which simply shows an amount outstanding. Have not received any of the other details that were requested. Should I begin to prepare a defence as I am conscious that this will need to be submitted very soon?

 

S

[AndyOrch]

Sum of Arrears is nothing to do with any of your requests, they are obliged to serve this annually rasco.

 

Regards

 

Andy

[rascolians]

Okay. Thanks Andy. I had no response at all to the CCA or CPR requests that I sent via recorded delivery. I am not too bothered that they haven't replied, my only concern at the moment, however, is the deadline for the submission of a defence with the court.

[AndyOrch]

Quite rightly...dont miss the deadline.

[rascolians]

Sorry about this. I am going to need some help preparing a defence. I have not received any response to the CCA and CPR requests that I sent and am actually struggling to find a starting point for a defence for this. Is anyone able to help at all? I have until next Monday to get the defence to court.

Thanks in anticipation...

[AndyOrch]

Hi rasco

 

So in effect bar the assignee/claimant not responding to your various requests there is no real defence that can be offered........you defaulted and stopped paying?

 

Regarsd

 

Andy

[rascolians]

Yes, just through personal circumstances.

[AndyOrch]

Well you can either respond with a basic defence and put them to strict proof that they can quantify and disclose valid documentation to enforce the debt or you can approach them to agree a payment schedule...its your choice really and how important defeating the claim is to you?

 

Regards

 

Andy

[rascolians]

I am looking at this from the perspective of not having had any previous contact with Aktiv - simply put there has been no notification/contact from them prior to the proceedings. It is something of an awkward position for me as they have failed to respond to my requests for information - these would have offered more detail enabling me to make an informed decision and surely there is an obligation placed upon them to disclose these details?

Requests were sent to Acktiv and their solicitors - no response from either.

 

In the absence of any information and response/co-operation I can only assume that they don't have any documentation and that they are using court proceedings as a bullying strategy in an attempt to secure payment from me.

 

I feel that my only option is to defend.

[AndyOrch]

Then you need to submit an holding defence....look through some of the threads I have subscribed to ...there are plenty of examples were you can adapt my draft to suit your case.Post here once you have drafted a rough copy and we can check it before you submit.

 

Regards

 

Andy

[rascolians]

Okay, here goes. Need to submit this Monday please let me know if it is okay - been away for two days with work and need to get my finger out. Thanks again for the advice/help. Have taken this from another posting and adapted it - Am assuming that this is along the correct track..?

 

1. I, xxx, of xxxx make this statement as my defence to the claim brought by Aktiv Kapital.

 

2. The claimant’s particulars of claim are vague and fail to disclose any cause of action; they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the CPR, even allowing for the constraints of the bulk issue system.

 

3. No documents supporting the claims in the particulars have been offered. A request to the claimant for further information via CPR 31.14 dated 14th November 2013 sent by recorded delivery and signed for by the claimant's representative on the 15th November 2013, has not been responded to and subsequently the defendant is unable to plead in defence to the claim.

 

4. Without clarification of the claimant’s claim, the defendant is extremely disadvantaged and as the claimant’s claim appears without merit, the defendant asks to be allowed to submit a fully particularised defence should the claimant provide copies of the original documents he will rely upon.

 

5. Further to the above 4 paragraphs, the defendant is unable to plead effectively or at all. The defendant is embarrassed.

 

Statement of truth

 

I believe that the facts stated in this defence are true.

I am the Defendant.

 

Signed:

 

 

xxxxxx

date

[rascolians]

got the date wrong, need to do this tomorrow 7th December. Sorry for the misinformation / bad maths

[rascolians]

Would appear that they are now on the 'back foot'....Received on Saturday - letter 1 from claimants solicitors extending my defence deadline for 2 weeks. Sent copies to the court via Special Delivery.

 

Same day received letter 2 from Aktiv saying that they were trying to get the documentation and would have to go back to another business ( assuming who they bought this from) for the information, and that 'the collection process is now on hold'...

 

Received letter 3 this morning from Aktiv saying that they 'would try to get the documentation to me as quickly as possible and apologise for any inconvenience caused' !...

 

Just now wondering the best way to proceed with this. Judging by the response from both the claimant and their solicitors, they are unable to fulfil my requests due to them not being in possession of relevant documents and, it seems, that they may have used the litigation route inappropriately...surely there is something not quite right here?

 

Can anyone advise as to best course of action please?

 

Many thanks

 

S

[AndyOrch]

I personally would ignore the offered extension raso and I assume you have submitted on time......yes they are back peddling and most probably unable to source the documents.

 

 

Regards

 

Andy

[svgrundy]

I am in exactly the same position on my documents quotes solicitor hegarty peterborough when submitted my defence the changed solicitor to IND when yiou contact IND they attempt to convince you they are Hegarty now one month into the request for the credit agreements none supplied submitted a SAR all I have had back is copies of AKTIV Capital letters none of which I have seen before. Why start proceddings with no consumer credit agreement seems IND are trying to be clever, so case of holding your nerve, all my documents sent recorded post now saying collection of your account is on hold but cant b - they have commenced proceedings and i have defended the action waiting of the next move but seems to me MBNA - AKTIV- IND have a game plan to get a CCJ and then apply for an attachment to earnings all about moving qucker than the defendent any other info on whether a CCJ can be issud without production of the credit agreement or why should action be commenced without such agreement by the claimant is welcome . IND By the way only way I could trace then post code from the po box number street view and when you bring up debt bingo IND appear name on no documents so far only AKTIV Kapital hope this helps

[rascolians]

Appreciate all advice and comment to date - thanks for the help.

 

Now have an update and could do with a bit of input if at all possible?..

 

The claimant offered extension for the submission of a defence of 14 days, which took the deadline to the 21st of December 2013. I informed the court of this. On 27th December 2013 I received notification that judgement had been entered against me on the 18th December - 3 days before the end of the extended period.

I was of a mind to make application to get the matter 'set aside' ( was not sure what else I could do at this point) but have now received correspondence from the claimant's solicitors that intimates that they are seeking to do this - they are asking me to sign a consent order so that they can get the matter set aside.

 

Within their package they enclosed a 'copy' of a letter which is dated 18th December 2013 The letter claims that the claimant made an administrative error and automatically requested judgement be entered against me and that this was incorrect as they had already extended the time for filing to the 21st December 2013.

 

My question is would signing their consent order so that they can get the judgement set aside be the correct thing to do? Is there another course of action that I could take ? It seems that they have acted incorrectly/unfairly in requesting judgement given that they had extended the defence deadline - and I wonder if on this basis if there is another option available to me as opposed to agreeing to the matter being 'set aside' - can I get it kicked out completely?

 

Also within the package of document that the solicitors sent to me is a copy of an AOL Credit Card Priority Request Form that bears my details and signature, dated 2002. Is it likely that this would be considered a credit agreement? The claimant seems to think that it is.

[AndyOrch]

Sign the consent order if you want it set a side...there is no other recompense because of their error...it happens.

 

 

Andy