Claimform Aktiv on old MBNA 'debt'

[Justso]

Hi everyone,

 

Great site with lots of information but I wanted to clarify the followiong.

 

I got a CCJ claim from Hegarty acting for Aktiv Kapital on 20/05/14 for a MBNA Credit card (POC attached) I had a few years ago and fell behind on payments (A dark period)

I have acknowledged service and sent a CPR 31.14 request and CCA request. I then received the attached letter.

 

My question: Do I have to agree the extention and is it in my best interest to do so?

 

Any info greatfully received

 

PS. I posted here first, because I wasn't sure where to post this thread, Sorry feel free to move it, thanks

[rebel11]

Hi Justso

 

Welcome to CAG

 

The guys will advise as soon as they are available.

Thread moved to correct forum.

[Justso]

Thank you for putting it in the right thread. I will stand by

[rebel11]

Hi Justso

 

Have you provided all the information requested in post (1)?

 

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

[Justso]

Yes Rebel11,

 

I think, but to summarise all the details:

 

CCJ Claim date of issue: 20th May, 2014

PoC: As per attachment including claimant,

MBNA for just over £3K on a CC.

The Limit was £2900,

but I couldn't make payments due to unemployment

and insurance would cover because the account was in arrears.

 

The events leading up to this were:

 

Last payment was October 2008 (I think)

I haven't got a default notice from MBNA, but experian state the account default date as 31/08/09

and the account now belongs to Aktiv Kapital

 

Original Agreement was June 2005

 

In March 2014

I received a letter from IND stating MBNA had asigned the full amount to AK.

(Interestingly, I also found a letter from "Experto" dated 19/09/201

1 entitled "Default notice under S87 of the CCA"

and staing the legal owners as "Varde Investments" if that's relevant

 

In general,

the reasons why I stopped paying:

I lost my job and had no saving and it was a couple of months before I any benefit,

and the insurance wouldn't pay because I was in arrears,

I also had other CC's a loan and a mortgage.

 

I think thats all questions responded to. I have CPR31.14 and CCA request sent

[citizenB]

Yes, it is for you, the defendant to inform the Court Manager of the extension agreed. Although I think that they are obliged to provide you with a date proper.

 

You need to enclose the letter from the claimant that agrees to the extension .

 

Send something along the following to the court..

 

Her Majesty’s Court Service

County Court Bulk Centre

Northampton County Court

St Katherine’s House

21-27 St Katherine’s Street

Northampton

NN1 2LH

 

FAO: The Court Manager 27th May 2010

 

 

Dear Sir or Madam

 

Re: XX v Justso

Case No:

Claimant’s ref:

 

NOTIFICATION OF EXTENSION OF FILING DATE – CPR15.5

 

I have received a letter from ???? They have advised they are not in a position to provide documents requested under CPR31.14 at this present time and they have agreed to an extension of 28 days to file my defence by way of CPR15.5.

 

The original submission date was XYZ - + 28 days will mean the new submission date will be XYZ

 

 

I trust this is acceptable.

 

 

Yours faithfully

 

 

 

Enclosed, letter from XX, Claimant's Solicitor

 

 

 

Make sure you send a copy of the above letter to the Solicitor.. in a separate note, refer to their letter that agrees to this that as a courtesy you are sending them a copy of the letter you have sent to the court.

[citizenB]

Oh and check the court address.. the address above was valid in 2009.. I have no idea if has now changed. Although you can if you wish ask the court if you can send this by email.

[citizenB]

If the issue date was 20.05.2014 the the original submission date would have been 22 June 2014.

 

You should have acknowledged the claim by 07.06.2014 - have you done that ?

 

The new submission date of + 28 days would be.. 19 July.

[Justso]

Thank you citizenB.

 

Thank you for the template, but I have just read my question again and maybe it was a little ambiguous!

 

 

My thoughts were more in line with:

 

 

Can i reject hagerty's request for an extension?

 

 

Wouldn't the claim just be thrown out if they haven't got the paperwork by the time I need to file my defence?

 

ps. Yes the court address is still the same

[Justso]

Oh, yes I have AoS 1st June

[citizenB]

Thank you citizenB.

 

Thank you for the template, but I have just read my question again and maybe it was a little ambiguous! My thoughts were more in line with: Can i reject hagerty's request for an extension? Wouldn't the claim just be thrown out if they haven't got the paperwork by the time I need to file my defence?

 

ps. Yes the court address is still the same

 

Aha, now I understand.. and I should have read Hegarty's letter properly.

 

The situation is that you personally have NOT requested an extension - however, within the CPR request for documents, I think it does state that if they dont have them, then they should let you know if there is going to be a delay and if so provide more time (not in so many words, but the implication is there). It also states that if they are never going to be able to provide them, then they should let you know.

 

You do not have to agree to an extension due to their inability to provide documents that should have been in their possession prior to them issuing the claim.

 

I will leave a note for andyorch to see what he has to say.. so dont do anything until such times as he has responded

[Justso]

Ok citizenB

 

Standing by

 

Thank you

[citizenB]

I have been advised that you do NOT have to agree to the CPR15.5 - it is optional.

 

On what basis do you intend to defend the claim, as it would appear you have admitted do owe this ?

[citizenB]

I wonder if you would be able to make a claim on the insurance, especially if it wouldnt pay out when you lost your job ?

[Justso]

Hello citizenB

 

In that case, I don't think I will agree to 15.5 extension,

then I want to look to defend on the grounds that the procedures

haven't been correctly followed.

I haven't thought about it to much just yet.

 

On your second point,

 

 

I want to SAR a lot of my old credit cards and loans and establish if I can claim PPI etc., this one included.

 

 

To be fair, I have alot of the original copies of most agreements,

so may not need to SAR and save some money.

 

 

In this instance, I had been paying insurance on the OS balance every month

and only when I couldn't affordd to pay, they cancelled the policy

you believe?

[Ganymede]

Thank you citizenB.

 

Thank you for the template, but I have just read my question again and maybe it was a little ambiguous! My thoughts were more in line with: Can i reject hagerty's request for an extension? Wouldn't the claim just be thrown out if they haven't got the paperwork by the time I need to file my defence?

 

ps. Yes the court address is still the same

 

 

No the claim wouldn't automatically be thrown out. You need to file a Defence regardless.

[citizenB]

Hello citizenB

 

In that case, I don't think I will agree to 15.5 extension, then I want to look to defend on the grounds that the procedures haven't been correctly followed. I haven't thought about it to much just yet.

 

On your second point, I want to SAR a lot of my old credit cards and loans and establish if I can claim PPI etc., this one included. To be fair, I have alot of the original copies of most agreements, so may not need to SAR and save some money. In this instance, I had been paying insurance on the OS balance every month and only when I couldn't affordd to pay, they cancelled the policy Can you believe?

 

 

Yes, indeed if you have been paying PPI and you didnt request it or it was not suitable for you then start reclaiming.

 

You need the statements for rolling credit such as credit cards to be able to produce a spreadsheet so you know what you are reclaiming. You shouldnt really rely on the PPI provider's breakdown of figures !!

 

If the PPI was on a loan, then the original agreement should have the breakdown of the upfront fee and other information that will help you work out what the monthly premium was so statements perhaps not so important.

 

Righto, so you are not agreeing to an extenstion - have look round the forum and see if there is a similar situation to yours - if you can also pop your draft defence up BEFORE submitting it, then caggers will help you fine tune it.

[Justso]

I apologise for not reesponding earlier, but I have had a busy day today so I have just got around to catching up.

 

First, thank you Ganymede, I take your point, a defence needs to be made and I shall do; which leads on to citizenB's earlier response, I will look at making a defence over the next couple of days and will run it by you.

 

I have also been thinking today that I need to notify Hagerty that I do not agree to an extension! Would I be right? I am going to type a brief letter tonight simply stating: "I confirm I am not agreeable to an extension of filing a defence and I wil adhere to the original court schedule" Any thoughts?

 

With regards to PPI and other payment protection, I think I need to deal with that in a seperate thread, I think! unless it will help in anyway for a defence of this action!!!

 

I really appreciate your response, Thank you

[AndyOrch]

No need to inform the claimant re extension...its your prerogative if to accept.Just submit your defence on the stipulated date.

 

Andy

[Justso]

Thank you andyorch. Saves me the time, effort and postage. Many thanks

[citizenB]

Yes, start a new thread for the PPI situation as it will be dealt with by different people

[Justso]

citizenB

 

I will deal with PPI next.

 

I need to put together my defence response and run it past you first. I am concerned about the level of detail I should include! Should I post it word for word, paraphrase it, or just include a summary of the points I intend to use as a defence?

 

I would like to thank you and everyone else for the advice thus far, it is and has been very helpful