AKTIV KAPITAL Claimform old MBNA CC 'debt'

[myboro]

Hi all, j

ust received a claim for an old disputed CC and

having not looked at the forum for a while could do with some up to date help.

 

Details as follows

 

Name of Claimant : AKTIV KAPITAL PORTFOLIO AS ZUG BRANCH

Date of Issue: 13th May 2014.

Acknowledge by (+19 Days): Sunday 1st June 2014

Defence By (33 Days) : Saturday 14th June 2014

 

Paticulars of Claim:

The claimant claims the sum of 3,827 for debt and interest.

 

On 21/05/2005 the defendant entered into an agreement with MBNA for a credit card under reference XXXXX.

 

On 31/08/2009 the defendant defaulted on the agreement with an outstanding balance of 3,258.

 

On 22/09/09 the debt of 3,257 was assigned to Varde Investments (Ireland) Ltd,

who itself assigned the debt to Aktiv Kapital Portfolio AS Zug branch on 03/03/12.

 

Notices of Assignment were sent to the defendant in accordance with s136 Law of Property Act 1925.

 

AND THE CLAIMANT CLAIMS

1. The sum of 3,257

2. Statutory interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8.00% per annum

from 3/3/12 to 12/5/14 571, & thereafter at a daily rate OF 0.71 until judgement or sooner payment

 

Amount Claimed : 3828

Court Fee : 185

Solicitors Cost : 80

Total : 4093

 

The claim is for an old credit card account started in 2005.

 

Only received the first notice of assignment when requested, a letter from MBNA saying debt was assigned.

 

Received a letter from Akticv capital on 9/3/12 to state they had purchased debt but no confirmation from Varde Investments.

 

Default notice from original creditor dated 9th September 2009.

It claimed payment of full amount rather than arrears

so sent a formal complaint to MBNA dated 10th October 2009

stating they had unlawfully terminated the agreement

and I viewed the agreement as terminated as of 7th September 2009.

 

Have not received any notices of default sums,

 

received a notice of arrears 27/10/11 from Varde and initially a notice of sums in arrears from MBNA dated July 15 2009.

 

Having agreed to token payments and had interest frozen

ceased payments following invalid default dated 9th September 2009.

 

To date have received no response from MBNA regarding this letter.

The dispute therefore is ongoing.

 

Additional.

 

Signed up for this card at a football match and the application was filled in by the agent.

 

Initial letter from MBNA states the agreement signed complies with previous regulations not current.

 

Does that make it unenforceable as not compliant with regulations at the time.

 

Anyway any more info or copies of documents I am happy to help and hope the good people of CAG can help me

[AndyOrch]

Hi myboro

 

If you could read and complete the following not already provided above to assist in advising you further.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**

 

Regards

 

Andy

[myboro]

Hi Andy,

 

I thought I had included all the info in the post and would appreciate any help anyone can give.

Paticularly regards embarrased defence while awaiting documents. Then think its on an unenforceable agreement and dodgy DN but only time will see.

 

Did raise the dispute with MBNA origionally but they just sold the debt, raised with DCA and told them date of dispute they then sold it again !!

[Guest]

have you done a cca request, and now a CPR 31.14 request (is small claims re cpr, but worth a try)?

do a 'normal' defence (rather than an 'embarrassed' one) when/if the time comes, the issues can still be mentioned in defence. have a read round similar recent threads, see eg's of defences used. stick to court deadlines.

any missold ppi?

[SabreSheep]

Also do you have your statements and how much int he way of penalty charges are on there. If theres time someone migthbe able to help you out with a counter claim.

 

If not you will want to SAR the OC and get everything so you can prepare a claim for unlawfull penalty charges and interest in restitution that may further reduce the balance.

[dx100uk]

we don't recommend using the embarrassed defence route anymore

 

dx

[myboro]

Hi All,

 

Ok defence went in fairly standard denial and asked for stricktest proof of claim. Agreement received but how do I request the origional be produced for court. The agreement was signed in 2005 and received a letter from MBNA with card which stated

"New Consumer Credit regulations governing the form and content of your agreement have been introduced recently. If the agreement you signed complied with previous regulations, the layout of this copy of the terms and conditions will appear diffrent as they have been changed to the layout of the new regulations."

 

Seems importasnt to push for the origional agreement anyone any idea how to do this. Allocation questionaire due on 17th is it possible to do this now?

[AndyOrch]

Responding to your PM.

 

If your defence put the claimant to strict proof to disclose the agreement and you have been allocated with directions....then they must disclose the original agreement.This disclosure was it of their own accord or the courts?

 

Andy

[myboro]

Hi Andy and thanks,

 

defence stated

As to the first sentence of Claimant’s statement of case; It is agreed that I entered into the agreement on the 21st May 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

 

Have received a copy of the agreement, but they just attach terms and conditions. Is it possible to request the origional at this stage. Currently need to complete Small Claims Directions Questionnaire and wondered if draft directions were the way to go.

 

Thanks for all your help

[AndyOrch]

The court should direct disclosure of the original with their directions......you cant issue directions on SCT.