MBNA/AKTIV/Experto/IND Court help please

[daniel197]

Hi all, new here and hoping for some advice with ref to an MBNA credit card.

 

 

The card was taken out in 2006 according to my CreditExpert file.

 

 

I think the account was transferred to Experto around 2009/2010, at least I have a letter from them dated Oct 2010.

Around this time I was struggling hugely financially and I was receiving letters regarding various debts on an almost daily basis.

 

I have letters from Experto Credite, Credit Management Consultants and Aktiv Kapital since then until the present time,

various threats, discounts offered (which I hadnt been in a financial position to take advantage of).

 

On Oct 29th 2013 i received a letter from IND Ltd titled 'Last letter before legal proceedings'

informing that AK had appointed IND to collect on its behalf and

I had until 12/11/2013 to pay off the £5976.25 in full before a claim form would be issued in Northampton County court.

 

on 4/11/13 I CCA'd Aktiv Kapital and IND plus also sent a SAR request to MBNA as I'm very sure there was PPI on this account.

 

No response from IND but Aktive responded immediately with a letter stating that whilst they endeavour to obtain documents

within prescribed time scales, they may be unable to do so as they are not the original creditor

and that my account is on hold and has been removed from the collection process whilst they await the requested information.

 

Not heard anything form anyone until today when I received a claim form from Northampton(CCBC) issued 2/12/2013.

 

I immediately remembered I forgot to respond to Aktiv after they failed to provide me with a CCA after their 12 days had expired.

 

Particulars of claim:

The claimant is the Assignee of a debt(s) due in relation to a/various Credit Agreements regulated by the Consumer Credit Act1974 entered into between MBNA Europe Bank Ltd and the Defendant. Notice of Assignment was provided to the Defendant by the Claimant in writing. The agreement was terminated upon the defendant failure to comply with the terms of the Agreements and or the Statutory notice of Default served by MBNA Europe Bank Ltd. The claimant complied with Section III and IV and annex B of the PD of the Pre-Action Conduct.

And the claimant claims:

Credit card account number XXXXXXXXXXXXXXXX balance of £6000 as of 30/01/10. Interest under s69 of the County Court Act 1984 at the rate of 8% a year from the default date to 2/12/13 of £1,786.43 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of 1.31 AND costs.

 

I cant recall seeing a Notice of Assignment or Notice of Default

 

 

What should my next course of action be? Should I send that letter to Aktiv now or is it too late? I'm trying to read as much on here as possible about these sort of things as well as PPI but until now i'm a total newbie at this and am not sure what to do next.

 

Any help much appreciated.

 

Regards

Daniel

[AndyOrch]

Hi Daniel and a warm welcome to CAG

 

Ok you have 33 days in total to respond to the claim...subject to how you wish to proceed.5 deemed served so 28 remaining...14 to Acknowledge Service and if defending a further 14 to submit your defence.

This can be done on line using the MCOL web service for Northampton..the password is on your N1 you must register to get your username.(keep this safe once completed)

 

No need to respond further re your CCA request they know the laws and they know they are in default of said request.

 

Regards

 

Andy

[daniel197]

Hi Andy, thank you for your very quick response regarding the timeframes. With regards to whether I defend or not what is the consequence of them not being able to provide a CCA and also my thoughts that there was PPI on the account (cant be 100% sure of this till I get the SAR back)? I'm fairly sure a vast amount of the total would be down to charges etc. Also what is statute barred? Is it dated from last payment/acknowledgement of debt or is it from the default date?

 

Thanks again

[AndyOrch]

None compliance to your CCA request will result in the claimant not being able to enforce the debt through court...but just because they have not complied yet (which is usual when the debt has been assigned) does not mean they never will before trial.

 

Because your debt is pre April 2007 they would need the original and not a reconstituted version.

 

Your DSAR will confirm the date of default as they have failed to date it within their particulars (again as its been assigned they wont know this information without sourcing from the MBNA.)

 

Statute Barred refers to debt where there as been no payment or acknowledgement within a period of 6 years (5 in Scotland) from the date of the breach.The debt is then unenforcible through Court...but they may still hound you.

 

Regards

 

Andy

[daniel197]

OK, according to the calendar i've got until 21/12/2013 to acknowledge the claim and until 4/1/2014 if i want to submit a defence. The SAR deadline for MBNA is 16th. Shall I wait and see what they come up with or should I acknowledge right away. Is it worth sending account in dispute letters? SAR'ing Aktiv? What about CPR31.14 and if so who odes it go to? Hegarty LLP?

 

Cant post the image right now due to my low post count but how does my letter from Aktiv Kapital saying ' your account is on hold and has been removed from the collection process' relate to this from the OFT site:

 

2. Aktiv Kapital (UK) Limited, when a debt is clearly disputed, in writing, shall

not continue any debt collection activity until all matters disputed have been

properly investigated; and the individual informed of the outcome of the

investigation; and shall keep consumers advised, in writing, of any delays in

resolution of the investigation.

 

Thanks

Daniel

[AndyOrch]

OK, according to the calendar i've got until 21/12/2013 to acknowledge the claim and until 4/1/2014 if i want to submit a defence. The SAR deadline for MBNA is 16th. Shall I wait and see what they come up with or should I acknowledge right away. Makes no odds when you AoS it does not affect the time line It would be useful before defence submission Is it worth sending account in dispute letters? Not really litigation has commenced SAR'ing Aktiv? What about CPR31.14 and if so who odes it go to? Hegarty LLP? Named solicitors on the summons

 

Cant post the image right now due to my low post count but how does my letter from Aktiv Kapital saying ' your account is on hold and has been removed from the collection process' relate to this from the OFT site:

 

2. Aktiv Kapital (UK) Limited, when a debt is clearly disputed, in writing, shall

not continue any debt collection activity until all matters disputed have been

properly investigated; and the individual informed of the outcome of the

investigation; and shall keep consumers advised, in writing, of any delays in

resolution of the investigation.

 

No relevance once a claim has been issued

 

Thanks

Daniel

 

Andy

[mjt2013]

There could be an estoppel argument, they said the account was on hold and the OP relied upon that promise.

[svgrundy]

:roll:Same issue with me need to point out they detail a solicitor hegarty peterborough when i put in my defence they changed the solicitor to aktive kapital but when you telephone they giive the impression hegarty solicitors but alas its IND regarding my SAR all Aktive Kapital have produced are copy demand letters no notice of assigment, no credit agreements no statemenents given i have requested they evidence the claim and interest charges. Lokks like IND may represent themselves saves costs but having commenced proceedings without any documents namely agreements seems poor to me. AKTIVE Kapital Ind seem to rely on you putting in no defence to obtain a CCJ to me you must request and defend evertyhting i have also asked for disclsure as to what Aktive Kapital have paid for this debt