Aktiv Kapital Claimform - nationwide creditcard 'debt'

[Guest]

ps

have you done a cca request on this?

any missold ppi?

need to act quickly before they request judgment!

[barafear799]

I requested via email what my deadline was for sending my defence by email. They've come back to me today and told me the deadline was 20th Jan.

 

So, I'm not sure whether it is even worth doing a defence now!?

 

I have done a CCA and CPR request for this. There was no PPI on this card.

Their POC claims that a default notice was issued, and also an assignment notice. This is what I requested via the CPR/CAA requests.

To date, I have still had no response to these requests, other than a letter from their solicitors stating that they had received my requests and they were forwarding this onto their client.

 

 

I have emailed them back asking whether any defence I email now will be allowable - in the hope that it is - I would appreciate any expert help from Andy (or anyone else) regarding my defence please.

 

Many thanks

[barafear799]

The court have advised that Activ have not yet requested default judgement against me - so I would really appreciate some expert guidance with my defence please.

Thanks

[barafear799]

Hi - just bumping my need for assistance with a defence please?

Thank you.

[AndyOrch]

If you could bring forward their particulars of claim and a short synopsis (defence) of why you don't owe the debt babrafear

 

Regards

 

Andy

[barafear799]

Thought I'd update with the POC if it helps:It's a bit wordy!!

 

 

The claimant is the Assignee of a debt due in relation to a credit agreement regulated by the CCA 1974 entered into between NW BS 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 agreement and/or the statutory notice of default served by NW BS.

 

 

The claimant complied with Section III and IV and Annex B of the PD Pre-Action Conduct.

And the claimant claims : CC A/C No xxxxx balance of £XXXX as of xx/xx/2010.Interest under s69 of the county court Act 1984 at the rate of 8% a year from the default date to Dec 2013 of £xxxx and interest at the same rate up to the date of judgement or earlier payment at the daily rate of £xxx AND Costs.

 

 

I was wondering about the interest - and then I read somewhere on another thread that there is confusion over a DCA's right to charge interest - but I'm sure there was mention of whether an agreement had been defaulted or terminated.

 

Although judging by the wording above, it appears my agreement was terminated when the notice of default was issued.

 

At the time of putting these details on here previously, I was advised to put in a CAA/CPR request - which I have done, requesting specifically the notice of default, credit agreement and notice of assignment.

At the very start, I claimed that this was an old debt which I fell behind with the repayments, in part due to the fact that the NW BS cut my overdraft (on my associated current account) by £600 with no notice (althoguh they can do this, this did lead me to fall behind with payments - because I effectively relied on the OD limit I had) - and then when charges and interest was added on top of missed charges, it got to that stage.

Since then - I do not to my knowledge have any contact with Activ - although I understand that NW may well have passed on collection or even sold the debt to them.

I have certainly not been in contact with Activ to agree any sort of repayment plan.

 

I also mentioned at the start of this thread my desire to try to agree a Tomlin agreement with Activ - but was advised to do the CAA/CPR request in order to get them to prove the debt and that it is enforceable.

 

To date, 21 days after their solicitors confirmed receipt of my request, I have not yet had the documents requested.

 

I would very much appreciate advice on how to proceed please.

Thanks

B

[barafear799]

Can someone suggest any changes to my draft defence please?

Thanks

[AndyOrch]

Responding to your PM.

 

So the basis of a defence is " At the very start, I claimed that this was an old debt which I fell behind with the repayments, in part due to the fact that the NW BS cut my overdraft (on my associated current account) by £600 with no notice (although they can do this, this did lead me to fall behind with payments - because I effectively relied on the OD limit I had) - and then when charges and interest was added on top of missed charges, it got to that stage. "

 

So its a Nationwide credit card which you serviced from a Nationwide current account/overdraft?

 

Regards

 

Andy

[barafear799]

I can sense a certain irony in your response.

I have gone down the route of "preparing to put a defence in" following your advice from earlier in the thread. My ire in this case is that Aktiv have seemingly jumped straight to the court claim route without much effort to contact me - I am obviously not trying to deflect any blame from myself - but I guess the vast majority of people who use and post to these forums have in some way "broken the terms of their credit agreements" in order to get the court claim in the first place.

 

Putting aside the history of how I fell behind with the alledged debt, I now need help in defending the claim from Aktiv capital - who have so far failed to provide the information required in my CAA/CPR requests (more than 21 days ago) - therefore, do I not have a case to defend the claim based on the fact that it has not been proven that the debt still exists, is enforceable and that Aktiv have legal claim to chase it?

 

Thanks.

[Guest]

bara

time is ticking. the longer you leave it, the more time they have to get default judgment. as, technically, you missed the deadline.

anyway, re a defence you should also include the default notice requirements mentioned. have a read around re that. did you receive one or not? if not, dispute one was received and get them to prove that they issued one and it was compliant with s87 consumer credit act and the associated def notice regs 1983. if received one, was it compliant? if not compliant then use that? etc

what was their response to your cca request? if no accurate response, then use that also.

[AndyOrch]

Not at all barafear..why would I show any irony ? I assist and advise and draft defences for 1000,s of Caggers...I'm merely trying to establish the facts as to how best to defend this...but you will have to help a little...this is a self help forum.

 

Regards

 

Andy

[barafear799]

Not at all barafear..why would I show any irony ? I assist and advise and draft defences for 1000,s of Caggers...I'm merely trying to establish the facts as to how best to defend this...but you will have to help a little...this is a self help forum.

 

Regards

 

Andy

 

Andy - I totally agree - you are an absolute star - you (and others on here) have helped me in the past.

To be honest, I still don't really understand all the "legal jargon" of the "standard defences" offered on here - and I am also aware that any defence would need to be tailored to my own circumstances.

Obviously time is ticking and has ticked past - however, my requests for info (CAA/CPR) have still not been answered - no time extension has been agreed - but last I heard from the court (a few days ago) the claimant had not yet applied for judgement (possibly because they have a heart and are aware I am waiting for their response to the CAA/CPR.

 

As I say - I would like to put some sort of defence forward - even to help my negotiations if it came to agreeing a Tomlin Agreement - if they can prove the debt is outstanding, that they have a valid signed credit agreement and they can provide the deed of assignment and default notice, then I probably have very little on which to defend - although I do feel that they have jumped straight to the court route without any great attempt to contact me and "help me sympathetically".

 

Do I need any tweaks to the "draft defence" that I posted about 4 or 5 posts up this thread?

 

Thanks....to both you (Andy) and everyone else who has advised me on this thread.

[AndyOrch]

Particulars of Claim

 

 

1.The claimant is the Assignee of a debt due in relation to a credit agreement regulated by the CCA 1974 entered into between NW BS and the defendant.

 

2. 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 agreement and/or the served by NW BS.

 

3.The claimant complied with Section III and IV and Annex B of the PD Pre-Action Conduct.

 

And the claimant claims : CC A/C No xxxxx balance of £XXXX as of xx/xx/2010.interest under s69 of the county court Act 1984 at the rate of 8% a year from the default date to Dec 2013 of £xxxx and interest at the same rate up to the date of judgement or earlier payment at the daily rate of £xxx AND Costs.

 

 

Defence

 

 

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

 

2.Paragraph 1 is noted. I have had financial dealings with Nationwide Building Society in the past. It is denied I have any knowledge of the above Claimant or if any alleged debt was assigned to them.The Claimant has never made any contact apart from the issuing of this claim.

3.Paragraph 2 is denied I am unaware of any legal assignment or Notice of Assignment. It is denied that Nationwide Building Society ever served a statuary Notice of Default or a Default Notice or Notice of Arrears of any form pursuant to the CCA1974/2006 amends.

4.Paragraph 3 is denied the claimant has not complied with Section III & IV and annex B of the PD Pre Action Conduct as stated above they have never made any contact or request prior to the issuing of this claim. They even failed to serve a Letter before Action before issuing proceedings.

5.It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14 or by way of a statuary Section 78 request so is therefore prevented from enforcing any alleged agreement or requesting relief.

I therefore put the Claimant 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 how the defendant is in breach of any agreement

(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

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

 

7.On the alternative, if the Claimant is 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.

 

 

8.By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

One defence...I'm unsure if you ever did receive a Default Notice/Notice of Assignment/LBA as you never responded to Fords questions.

Edit to suit if there is anything incorrect as this will be under oath.

 

 

Regards

 

 

Andy

 

 

 

 

 

 

 

 

 

 

 

 

 

 

[barafear799]

Thanks Andy - much appreciated. I have no knowledge/memory of ever receiving any correspondence from Ackiv at all - this would include default notice, deed of assignment (although I'm guessing this may have come from NW?) or LBA.

 

In terms of point 2 on the defence, you mention "no account numbers have been referred to" - the POC do state the a/c for the NW CC. Or were you referring to an account number with Aktiv?

[AndyOrch]

Have edited...I thought you was not bothering having posted that on Saturday for you.

[barafear799]

Sorry - stupid me left the claim form in work - and I did not come back to work until today - still no reply to the CAA/CPR request though.

[Guest]

and, what are you doing, have you submitted your defence? don't wait for a reply, if they haven't responded, then mention it in your defence as has been suggested! otherwise, could try negotiate a settlement, or...?

good luck

[barafear799]

Defence (Extreme thanks to Andy and others for their help) has been submitted by email. They responded telling me it had "passed onto the correct team" and no mention of judgment being applied for.

 

Still no reply to the CPR/CAA request. That was mentioned in the defence.

 

Do I have anywhere else to go in regard to them not responding? Do they have a statutory time limit?

[AndyOrch]

28 days to respond if not the claim is stayed if they do respond it will be transferred to your local county court.

[barafear799]

sorry - is that 28 days to respond tomy defence - or to respond to my CAA or CPR request? my initial question was referring to the CAA/CPR

[AndyOrch]

Defence...barafear....forgetCCA/CPR requests they wont respond...the claim does not rest on if they respond to CCA/CPR requests or not it relies on a debt that is outstanding which you state you don't owe.

[barafear799]

Just a quick update - heard nothing from court since - I did try to email the address I was dealing with (in terms of sending in my defence) - but got no reply - assume it has been stayed - will need to give the court a phone call to confirm.

Thanks again for the help.

[citizenB]

If you want to check on the status of the claim - telephone the number on the claim form - you will need the claim reference, just ask them to confirm the status of the claim.