Help required for Aktiv Kapital court claim for old MBNA CC

[Tek Screw]

Hi all,

 

 

I'm new to posting on this forum so please be gentle with me if all this has been done before. I've spent the last few days reading various threads on this issue but my head's now spinning!!

 

 

Any help, advise or pointing in the right direction would be greatly appreciated.

 

 

Back in October 2009 when I was in a financial black hole, I foolishly sold an MBNA CC Debt to Credit Card Killer/Momentum Networks. (That's a story in itself)

 

 

Since then I've had the expected phone calls, letters, defaults, assignments to DCA which have been on-going, most of which I have ignored.

 

 

Last Thursday 16th Oct I received a Count Court Claim from Aktiv Kapital for the outstanding balance.

 

 

Over the weekend I sent the AOS stating I intend to defend the claim.

 

 

Is it a futile exercise to use "I've sold my debt" as a defence?

 

 

All reply's will be thankfully received.

[angry cat]

I don't believe it, I really don't;

Not Basil and Amanda Rankine again;

CCK & Matrix!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?206480-Rankine-in-the-Court-of-Appeal/page2

 

There are many threads running on the web about these two and how they screwed vulnerable consumers...

 

So, now the debt vultures are picking at the old CCK etc scraps; disgraceful.

 

http://www.itv.com/news/central/2012-09-17/couple-sentenced-over-2-million-fraud/

Edited October 20, 2014 by angry cat
addendum

[angry cat]

Turning back to your original question.

You need to request full disclosure of ALL documents that their case relies upon!

 

I am yet to see an MBNA pre 2006 credit agreement that complies with Section 78 of the Consumer Credit Act 1974.

 

What was the date of the credit card agreement?

did you take out the 'highly recommended' MBNA PPI?

and;

when did you last make a payment?

[Old Cogger]

Not Duncan Brown by any chance, Mr Scuba diving instructor, tends to lend his chance on AK clients and issues without knoeledge??

[Tek Screw]

Hi Angry Cat,

 

 

Sorry to provoke your Victor Meldrew outburst.

 

 

I only mention CCK as it may or may not be relevant.

 

 

Card was taken out March 1998

Default date Feb 2010

Last Payment around Sept 2009

 

 

Other info:-

 

 

Debt assigned to Verde Investments April 2010

then AK Feb 2012

 

 

So I send a CCA request to AK..is this correct?

Do I inform the Court or await the reply?

 

 

Thanks for your prompt reply

[Tek Screw]

Hi Mike 770

 

 

Court Papers signed by Robert Marr

[Old Cogger]

ok not duncan

[dx100uk]

can you please fill this in

and post back here

 

 

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

 

 

thankyou.

dx

[Tek Screw]

Hi DX thanks for your post.

 

 

Info requested below:

 

 

Claimant

Aktiv Kapital Portpolios AS - Switzerland Address

Address for Docs

Aktiv Kapital UK Ltd - UK Address

Defendant

Me - My Address

POC

The claimant claims the sum of 24XXX.00 for the debt and interest. On XX/XX/98 the defendant entered into an agreement with MBNA for a Credit Card under reference XXXXXXXXXXXXXXXX. On XX/XX/10 the defendant defaulted on the agreement with an outstanding balance of 20'XXX.XX. On XX/XX/10 the debt was assigned to Varde Investments (Ireland) Ltd. On XX/XX/12 the debt of 20'XXX.XX assigned to AKTIV Kapital Portfolio AS, Oslo, Zug Branch. 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 20XXX.XX

2. Statutory interest pursuant to Section 69 of the County Court Act 1984 at a rate of 8.00% per annum from XX/XX/12 to XX/10/14 4XXX.XX and thereafter at a daily rate of 4.42 until judgment or sooner payment.

 

 

Signed by

Robert Marr

 

 

In addition the following fees are shown:

Court Fee 550.00

Solicitor's costs 100.00

 

 

Court Papers dated 13th Oct 2014.

 

 

I will be sending CCA & CPR today.

 

 

Cheers

[BRIGADIER2JCS]

Is there a solicitor involved here? Robert Marr I believe used to work for 1st Credit Financial.

[Tek Screw]

There are no other details on the claim for regarding Solicitors.

 

 

I presume I send both CCA & CPR direct to AK - UK

[BRIGADIER2JCS]

There are no other details on the claim for regarding Solicitors.

 

 

I presume I send both CCA & CPR direct to AK - UK

Yes. The CPR 31.14 request may be refused if the claim has been issued by the Northampton CC.

[Tek Screw]

Yes it has been issued from Northampton via MCOL

 

I will request it anyway.

 

When is it best to submit a defence?

[angry cat]

Hi Angry Cat,

 

 

Sorry to provoke your Victor Meldrew outburst.

 

 

I only mention CCK as it may or may not be relevant.

 

 

Card was taken out March 1998

Default date Feb 2010

Last Payment around Sept 2009

 

 

Other info:-

 

 

Debt assigned to Verde Investments April 2010

then AK Feb 2012

 

 

So I send a CCA request to AK..is this correct?

Do I inform the Court or await the reply?

 

 

Thanks for your prompt reply

 

If, I were you then I would make an S78 CCA request to AK;

I would also be asking them: "Are you the 'Creditor'?

 

You must, as previously suggested request 'Full Disclosure' from AK under Part 31.14:

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part31

You can also ask for an extension of time, when AK start to drag their feet.

 

Stick to the CPR's and the Courts overriding objective...

 

If the alleged debt was assigned to Varde?

What kind of assignment was it: equitable or absolute?

The alleged debt was obviously securitised via Varde but not by MBNA, who was the original 'Creditor'.

 

If, CCK did assign the alleged debt to Varde, the MBNA toxic debt wouldn't have been theirs to sell assign.

Therefore, I do not see how AK can possibly be the 'Creditor'

"This would have been illegal. People can'tsell their debt to someone else without the agreement of the 'Creditor'.

 

Who was/is the recorded owner (the 'Creditor) of the alleged debt on your credit reference agency credit files from 2010 (Default date) - 2014?

Edited October 21, 2014 by angry cat
addendum

[angry cat]

Yes it has been issued from Northampton via MCOL

 

I will request it anyway.

 

When is it best to submit a defence?

 

You cannot submit your defence until you are in receipt of 'Full Disclosure'!

You need to know what their claim is reliant upon and;

you cannot proceed until AK have complied.

But you must keep the Court advised; in the loop

[BRIGADIER2JCS]

Yes it has been issued from Northampton via MCOL

 

I will request it anyway.

 

When is it best to submit a defence?

 

 

Have you acknowledged service of the claim?

If not do so asap and state you are defending all of the claim.

[Tek Screw]

Have you acknowledged service of the claim?

If not do so asap and state you are defending all of the claim.

 

OK...thanks everyone, a lot to go through!

 

I have already submitted AOS

 

My credit file has been changed to show AK are the creditor. The history now only goes back to when they say the debt was assigned to them although the default date is a lot earlier.

 

I don't think CCK assigned the debt to verde it was MBNA.

 

I will dig out as much paperwork as I can and up date soon.

 

Thanks again

[angry cat]

OK...thanks everyone, a lot to go through!

 

I have already submitted AOS

 

My credit file has been changed to show AK are the creditor. The history now only goes back to when they say the debt was assigned to them although the default date is a lot earlier.

 

I don't think CCK assigned the debt to verde it was MBNA.

 

I will dig out as much paperwork as I can and up date soon.

 

Thanks again

 

Looks like you need to do a lot of digging; acquire knowledge.

 

If MBNA charged off the account to Varde (Ireland), it was securitised through same;

MBNA securitised (securitized) much of their toxic accounts through RoI and obtained Tax Relief by doing so.

However, that is another story...

 

IMHO, you should also be making a SAR to MBNA, the cost of same is £10;

request any and all historic information Re: the account. But ensure that you mark you postal order: SAR request only. Send by Recorded Delivery, keep copies.

 

The more information that you can acquire the better!

[angry cat]

Looks like AK bought the portfolio of MBNA 'Lemons' in 2012:

http://www.credittoday.co.uk/article/13576/online-news/aktiv-acquires-470m-mbna-portfolio

[angry cat]

Hi all,

...Back in October 2009 when I was in a financial black hole, I foolishly sold an MBNA CC Debt to Credit Card Killer/Momentum Networks. (That's a story in itself)

 

In short, the alleged MBNA debt was floating around in the big buckets of MBNA toxic debts black hole from October 2009 - March 2012, that's almost three years!

 

You say that the account was defaulted in 2010 (MBNA used to allow 7 late payments prior to defaulting the account).

 

My opinion is that AK is trying it on having substituted themselves in the place of Varde.

And that they do not hold a valid credit agreement as well as the agreement not being varied correctly.

 

Once you obtain ALL historic information, including the dubious assignment(s) you will be better placed to defend.

[Old Cogger]

There was information a few years ago, that Varde bought some MBNA whilst not renewed their Licence ,

hence sold to AK in a hurry,

then renewed their licence,

 

 

but as the trend seems to go AK got them and others so need to connect with fighting AK??

 

 

you my 2 penneth worth having been there ?

[Tek Screw]

Thanks all...your comments are invaluable!

 

 

I take it that whilst I'm awaiting the requested info from AK & MBNA, I can keep the legal wolf from the door - as long as I keep the Court informed?

[AndyOrch]

Thanks all...your comments are invaluable!

 

 

I take it that whilst I'm awaiting the requested info from AK & MBNA, I can keep the legal wolf from the door - as long as I keep the Court informed?

 

 

He is already at the door....dont miss your defence date...docs or no docs.

 

Andy

[Tek Screw]

Hi All

 

 

Is there a template for CPR 31.14 request or do I draft a simple letter requesting full disclosure of doc's mentioned in POC?

 

 

Cheers

[Tek Screw]

I've found one on another thread..