Aktiv Kapital / Wright Hassall LLP Court Claim - MBNA debt

[Bill Shidding]

Indeed, litigating nearly statute barred "debts" is the lowest form of debt recovery. Many of the recipients have long forgotten crucial details about the claim, and bottom feeders like these mop-up the dregs.

[nunkychunky]

Yes - the dregs might well include further "crap" I intend to throw at them, or the proverbial spanner that has been thrown into the works.

 

 

I am hoping that I can defeat this claim, and the message I want people to know about is not to be intimidated or frightened by these bullies.

 

 

My belief was the attitude of "issue the writ now, see you in Court" was frowned upon by the judges but there are always those who proceed differently.

[Bill Shidding]

I am hoping that I can defeat this claim, and the message I want people to know about is not to be intimidated or frightened by these bullies.

 

Exactly.

 

Your replies from WH seen in isolation, would convince you that they have a superior knowledge and that you have no chance of defending the claim. The chances are their offer to reduce the alleged debt by 10% would be appealing enough to accept, and make the whole thing go away. But, because of sites like this you can find out just how unattentive firms like WH are, and then you realise that they cant even respond to you on an individual basis. Because they don't have the capacity to engage with knowledgeable/intelligent defendants.

 

The bullies always get their comeuppance.

Its just a shame we can't usually recoup our losses from their pockets too.

[SabreSheep]

Now take your revenge, Late payment charges and overlimit fees? Im assuming this is a credit card debt

[Bill Shidding]

Now take your revenge, Late payment charges and overlimit fees? Im assuming this is a credit card debt

 

Hi, much better (IMHO) to deny ownership of the debt completely until the claimant provides unassailable proof. The time to ensure these charges are deducted is after genuine, enforceable docs are presented. Otherwise, a defendant could have pleaded a part-admission in the first place, if a defence is purely based on charges/levies.

 

If the draft order for directions/further information have been drafted correctly (and accepted), the defendant will have a further period of time to amend the defence upon receipt of the docs.

 

This is what I would do, it may be unsuitable/risky for others.

[nunkychunky]

Folks,

 

I simply denied the claim in full, Andyorch made a very pertinent comment about including charges / overlimit fees in that there is a danger the court may ask why the charges were not challenged sooner (hence why I did not raise it in my original defence).

 

There was always a risk the court may have seen it as part-admission and gone on to enter judgment if I threw charges into the mix at that time.

 

WH did say that I had not disputed the amount of the claim and will proceed to judgment "when" the docs are produced (so why, therefore, did I deny the whole claim?). D'oh!!!!!

 

NC

[AndyOrch]

Without sight of the actual defence you submitted NC its impossible to comment but I stand by my earlier comments that you refer to above.

 

Couple of points to consider dont believe what the claimant tells you..only the court.

 

" WH did say that I had not disputed the amount of the claim and will proceed to judgment "when" the docs are produced "

 

" When " being the appropriate word. Proceeding to judgment is not quite as easy as they infer and is intended to unsettle you to generate a response and possibly withdraw your defence and offer payment.

 

If you can steer the claim to mediation then you will mitigate any unfair charges /interest.

 

And lastly you wont be submitting directions as advised above as this is Small Claim Track.

 

Regards

 

Andy

[nunkychunky]

Andy,

 

 

Having said all of the above and with me being not too conversant with Court procedure, and obviously WH appear hell bent on getting it to the SC track, if the claim does get allocated to SC (and a number of the CPRs will cease to apply) does that actually tip matters in WH's favour?

 

 

Truth be told I do have a very slight nagging doubt they will sneak this through, although I will put up a fight, a CCJ is something I don't want and can ill afford, my credit file has been impaired since 2009 and it will add another 6 years to it.

 

 

NC

[AndyOrch]

The claim will be allocated to SCT...its less than 10K so that is automatic.....and no it does not tip any scales both parties are equal with regards to proceedings.

CCA requests apply to any track..CPR 31 also as you have made the request pre allocation not that they would respond irrespective of any track.

 

Regards

 

Andy

[nunkychunky]

Evening folks,

 

Nothing further from AK or WH BUT large envelope received today from MBNA - the response to the SAR.

 

In brief, the contents are:

 

1. Covering letter containing statement "please note that only information relating to you held on our files will be disclosed to you".

 

2. Credit card agreement (appears reproduced as my name is in lower case, but my address is in upper case).

 

My signature is a tick in a box as the card was taken out online.

The reference number is not the same as the card number and there is no credit limit.

I have no way of telling if these were the actual terms and conditions or if they were put together on a Word document

 

 

3. Glossary.

 

4. Document - "Your personal information and how MBNA uses it".

 

5. 3 sheets of screen dumps - last one states sold to Experto Credite 19 Feb 2010.

 

6. 2 sheets - Autoscore SM Card Application details

 

7. 14 pages of screen dumps (customer information system)

 

8. 6 pages - Additional Comms Log

 

7. 7 pages of transactions (not copy statements)

 

8. 2 pages - memos of account

 

There was no PPI and overlimit charges and interest from a quick scan amounts to about £400.

There was no notice of default by the way.

 

Not sure where this now leaves me, particularly if AK or WH get their hands on the papers,

any guidance on what to do next much appreciated.

 

If I am now pretty much snookered,

 

any thoughts how I can persuade WH to stop the court proceedings.

 

 

 

 

NC

[SabreSheep]

Signed up online? When?

[nunkychunky]

Signed up in November 2007.

 

Notification received from Court today that case to be allocated to SCT (as expected) and the deadline for submission is 3 June. Based on the SAR response but no evidence relating to the assignment to AK, would it be better to go for mediation and try and agree a deal?

 

NC

[AndyOrch]

Dont forget to follow the direction within the Notice of allocation by the dates stated.

[Bill Shidding]

Hi NC, sorry if I gave you a "bum-steer" with the procedure for directions.

 

AndyO is quite right.

 

There is no need to have a draft order for directions on the SCT, as these should be automatically requested by the court.

 

Please see Practice direction 27, appendix B.

 

This wont help "me" much though, as WH "forgot" to include relevant information in the POC,

 

so hopefully when the claim finally lands in front of somebody that has some authority/experience,

 

documents or facts not mentioned but nevertheless required will be ordered up.

 

Cheers, Bill.

[nunkychunky]

Form N180 will be sent RDSF tomorrow (deadline for submission 3 June) - also will be requesting mediation.

[nunkychunky]

Folks,

 

 

Bit of advice / guidance needed.

 

 

Form N180 sent to Court and copy served on WH. Response from WH received back stating AK are prepared to enter into mediation.

 

 

Still no supporting docs / evidence received other than the stuff received from MBNA.

 

 

Was wondering how best to play this now,

 

is it worthwhile offering instalments or a nuisance payment to make this go away

 

- say 10% of the balance on the condition credit file marked as satisfied and default removed?

 

 

NC

[nunkychunky]

Folks,

 

Update.

 

Bundle of stuff received from WH today.

 

1) Reconstituted copy of application and terms and conditions

2) Copy of default notice

3) Reconstituted template of a document providing notification of the matter to Varde

4) Copy statements

 

Reference is made to the HSBC v Carey case.

 

Still no notice of assignment from Varde to AK though.

 

I made an offer to settle at roughly 15% (£650) which was refused. They are pursuing £3851.96.

 

Not sure now what to do.

 

Help!

 

NC

[AndyOrch]

If your agreement was pre April 2007 then referring to Carey is pointless they need the original not a reconstituted.

[nunkychunky]

Andy,

 

No it was November 2007.

 

Other than the issue of the default notice not being served on me by recorded delivery

and the fact no notice of assignment (from Varde to AK) was served on me (both in accordance with the LPA 1925)

 

and arguing these points it seems I am pretty well snookered.

 

Push come to shove I am prepared to up my offer as a CCJ is no option for me but all depends upon how greedy they want to be.

 

NC

[dx100uk]

there is no requirement for a dn to be sent RD

 

there is no requirement whatsoever on the creditor other than to show 'one was sent'

 

in say a comms or account log from say an SAR return.

 

same goes for the NOA thought they are usually easier to prove

as they are typically quite recent.

 

 

 

dx

[AndyOrch]

Well lets see what their next move is....alls not lost yet.

 

Regards

 

Andy

[nunkychunky]

Folks,

 

 

A bit of movement since my last post, again a bit of guidance appreciated.

 

 

I can raise approximately 33% of the sum being claimed which I have offered to them on a without prejudice basis subject to consent order, full and final settlement, default removed from credit file etc.

 

 

I have also told them that if they do not find the lump sum offer acceptable they can have instalments instead over a number of years.

 

 

The view I have taken is that the CPR request has been complied with, so has the SAR request, so I am going to have to concede defeat.

 

 

However I have told them about unlawful charges and interest being potentially reclaimable (there was no PPI). They have still not provided a copy of the assignment document so no proof yet AK is an assignee of the debt.

 

 

Today a letter dropped in saying "we feel that in order our client can consider your offers we need more details as to your circumstances. Please complete the enclosed income and expenditure statement".

 

 

No word from the Court / mediators yet.

 

 

I can get the lump sum within 7 days, does it represent a fair offer?

 

 

If I don't complete the I&E (am I obliged to do so?) will it reflect badly on me if it does proceed to formal mediation?

 

 

Thanks folks

 

 

NC

[AndyOrch]

The fact that they have requested an I&E implies they are considering your payment plan rather than a F&FS..your not obliged to complete or disvulge this information but if you wish them to consider your proposal then I suppose you have no option?

 

Just provide a very basic I & E.It has no bearing on mediation....mediations if either successful or failure.

 

Regards

 

Andy

[nunkychunky]

Hi folks,

 

 

Quick update....

 

 

Letter received from local court giving a hearing date towards end of September and DJ considers case suitable for mediation. WH / AK need to pay over £300 if they want case to go to a hearing.

 

 

I&E account sent to WH nearly 4 weeks ago and no response received yet.

 

 

Still no notice of assignment.

 

 

NC

[gforce2k]

Hi NunkyChunky,

I'm in similar dealings with WH, 10% reduction offered by them, what was the result for you?

 

Thanks,

gf2k