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    • you need to ring northants bulk and ask for a copy of the judgement and the claimform by email pdf. it is quite usual for them to not have a copy of the claimform. so you need to record the call and ask them to read out the particulars of claim and the address it was sent too.     old wives tales , if you have a debt owing that shows on your credit file or you know exists from say the last 7yrs you should NEVER move without WRITTING to the debt owner with your new address. never run from debt which falls within the above .     all mortgage style SLC loans that were not deferred with erudio following the gov't sale in 2013 and that did not have a court claim raised within 6yrs are SB'd.   drydens simply did this because they wrote to your old address, got no response, and knew they'd get a default roboclaim CCJ where no human checks anything.   shot yourself in the foot.      
    • yep.   if all these are still owned/with the original creditors and you are not paying any powerless DCA's  then little point in any CCA requests at this stage unless any (non OD A/C's) are say pre 2000 opening.   our pro rata letters are the way to go you'll find those in the debt collection section of our library.   get any income payments on going or otherwise moved into a parachute A/c.   it is most probable that whatever you do most A/c's will be defaulted once this is done if not already. bearing in mine your wish to re mortgage or move in a future, it is most probable that the quicker you do default , the earlier a DN will be registered thus the earlier these will not show following their 6th birthday. this might involve you thinking about stopping all payments now ensuring this does happen, then resuming payment under a pro rata scheme self administered , once this happens.   just be aware that no DMP providers will ever question enforceability, should that be relevant.     
    • LL would have Absolutely no chance of getting the smart meter changed back.....
    • slow down ...read what i'm asking , stating and trying to clarify.. it all might seem useless or totally irrelevant but it's important information moving forward with the whole situation and useful in the SPC claim moving forward     there was not 2 loans - the litigated OD is not a loan but it appears from your comment here..     sorry but then you did get scammed on many fronts... they allowed you to settle the loan exploiting your confusion over thinking it was the litigated account. they didn't tell you either and they would also have been aware of your statement filed response form:   The respondent had a junior account with the Bank of Scotland since a young age.  The Bank of Scotland offered the Respondent a loan of around £2500. This Respondent serviced the loan until losing her source of income and ran into some financial difficulty resulting in defaulting in servicing the loan.   they settled for a discounted sum... why? we usually find this is because they hold no enforceable paperwork at all. or was full of charges , charges could have been the discount or it could have been due to 'a business decision' ...   but sure as eggs is eggs there is no way 1st credit would not have raised a court claim for both the OD and the loan unless there was a very good reason. they didn't that smells...badly.   OD 's are notoriously difficult to litigate upon if defended properly...but with a loan in the same claim, with enforceable paperwork, they would have almost been guaranteed to win.   it's also a shame you didn't come where before you did anything but we are where we are.   now the above might seem harsh..even petty but our posts are not only for you and your issue they are also for future readers that find us via search engines or read like threads here alerting debtors to frequent pitfalls and innocent wet myself actions many do that all these dca's will and have exploited time and time again over the last +40yrs .   i'll try and get around to properly redacting all your pdf's tonight and get them back up. but before i finish and get on with the above........the status of the claim as it stands now.   From what i can gather the claim now hinges upon proving her ex at the time settled by a discounted payment to HBOS well before the sale to Intrum and the SPC Claim.   In all honestly and with regard to your comments in your previous posts upon his character, i seriously doubt this ever happened. the disclosures from Intrum contain all the OD statements , should that have happened, it would be detailed in those.   there is little point in the claimant hiding that info as they would be in far more legal trouble should they have doctored them than insuring a mere +£1k claim win. Even 1st credit wouldn't pull such stunts.   Sorry but there is little point in requesting HBOS to attend any future hearing, nor hoping the SAR shows anything different to the statements the claimant has disclosed . That will cost you more money , and more money in terms of the claimant attending another hearing.   there is one exploitation i see. that being the mention of a default notice. the claim states:  The respondent fell into arrears under the Finance Agreement. A Default Notice was Issued by the Original Creditor .   now default notices are not issued for OD A/C's (which ties in to the possible loan confusion and scam settlement i mentioned) . This tallies with a common mistake that many DCA's, including why i keep mentioning 1st credit, which is the previous name for Intrum, made on numerous claims and was one of the reasons for the name change. To Hide that They lost many Statutory Demand and court claims over the non existence of a DN or proof of it's issuance by the OC (a DCA can't issue a DN) .. No copy of a default notice is fatal to to successful  litigation.   even though in this OD case one was not ever needed. (Poor particulars of claim showing copy and paste, and never expecting a claim to be defended but responded to by a wet themselves response , which you did by settling a loan which you believed was the claimed debt when it never was)    other than that you indicate you made an OOC F&F offer in 09-20  have you advanced this option since ?   dx
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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Help required for Aktiv Kapital court claim for old MBNA CC


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library tab top left legal section

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi All,

 

 

As an up-date to this thread:-

 

 

AOS sent 20/10/14

CPR 31.14 Request sent 22/10/14 to signature on claim format AK. Proof of Delivery (POD) 23rd.

CCA Request sent 22/10/14 to AK. POD 23rd.

 

 

Letter received from AK29/10/14 to acknowledge receipt of my correspondence.

"I can confirm to you that matters raised are being investigated. A full response will be issued to you in due course".

 

 

Not sure which of my two letters this applies to as both went to AK?

 

 

So, by my calculations I have until 14th November to submit some kind of defence as the claim form is dated 13th Oct?

 

 

I guess I sit tight for a week or so to see if I receive a further reply.

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yep

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

Hi

 

 

Still no reply to my CPR & CCA Request's.

 

 

I need to submit a defence by Friday this week and do not want to leave until last minute.

 

 

I've drafted a defence over the weekend..is it worth me posting here for someone to take a look over?

 

 

Thanks

TS

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Hi

 

 

Still no reply to my CPR & CCA Request's.

 

 

I need to submit a defence by Friday this week and do not want to leave until last minute.

 

 

I've drafted a defence over the weekend..is it worth me posting here for someone to take a look over?

 

 

Thanks

TS

 

I'm still in the same position, but have until 17th. I'll certainly be drafting and posting soon...

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" I've drafted a defence over the weekend..is it worth me posting here for someone to take a look over? "

 

Yes If you seek other opinion.

We could do with some help from you.

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Hi Andy,

 

 

Please see below - Opinion's as to any amendments would be appreciated:

 

Particulars of claim (for cross reference purpose)

 

1.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.

 

2. On XX/XX/10 the defendant defaulted on the agreement with an outstanding balance of 20'XXX.XX.

 

3. 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 courticon 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.

 

 

Proposed defence

 

1. Except where otherwise mentioned in this defence, the Defendant neither admits nor denies any allegation made in the Claimant’s Particulars of Claim and put the Claimant to strict proof thereof.

2. On XX/10/2014 the Defendant submitted a written request to the Claimant via first class recorded delivery under CPR 31.14, for copies of all documents stated within the Claimant’s Particular’s of Claim. Whilst the Claimant acknowledged receipt of the Defendant’s request on XX/10/2014, the Claimant has not complied with the request.

3. On XX/10/2014 the Defendant submitted a written request to the Claimant via first class recorded delivery under the Consumer Credit Act 1974 S.78, for a true copy of the stated Agreement. Whilst the Claimant acknowledged receipt of the Defendant’s request on XX/10/2014, the Claimant has not complied with the request.

4. As the Claimant has failed to comply with the above requests, the Claimant is held to strict proof of:-

a/ A true and original copy of the agreement, to include all prescribed terms & conditions as defined by the Consumer Credit Act 1974.

b/ A true and original copy of any default notice issued.

c/ A true and original copy of the Contract of Assignment from MBNA to Varde Investments (Ireland) Ltd.

d/ A true and original copy of the Contract of Assignment from Varde Investments (Ireland) Ltd to Aktiv Kapital Portfolio AS, Oslo, Zug Branch.

5. The Claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the Court’s attention to the following matters:

A copy of the purported written contracts that the Claimant cited in the Particulars of Claim and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim.

6. I have no knowledge of the service of a default notice. The claimant is put to strict proof as to the content and service of any such alleged default notice and that it complies with the prescribed form set out in the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983.

7. Further and in the alternative it is not admitted that the sum claimed is lawfully owed. The Claimant is put to strict proof as to how the sum claimed has been calculated and how it is asserted that the sum claimed is contractually owed.

8. Further and in any event in view of the failure to comply with the CPR Part 31 request it is denied that the Claimant is entitled to costs as claimed.

9. I respectfully ask the permission of the court to amend this defence when the Claimant provides full disclosure of the requested documents.

 

 

 

Edited by Andyorch
Particulars added for for cross reference and checking
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Particulars now added for cross reference...take a look at their points 1/2/3 and then your proposed responses in your defence 1/2/3.

 

A defence must either admit or deny or question the claimants pleadings...anything you do not respond to will be taken as an admittance by the judge.

 

Regards

 

Andy

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Correct...penny dropped at last:-)

We could do with some help from you.

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Yes Andy..Its taken a while but I think I'm with it now..

When you've never done this before your head gets bombarded with info and you start to ramble...

 

 

Would I be correct to state that "I am unable to admit or deny" due to lack of a reply to my requests?

 

 

TS

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I try to avoid that.....comes across as debt avoidance...there are plenty of defences I have already drafted.See how I word it without actually admitting anything.

You seek clarity...you seek that they have the legal right to bring the claim and if they have that the correct amount is legally owing...no court will reject a defence on that basis.

 

And most claimants will struggle to respond.:wink:

We could do with some help from you.

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Hi Andy,

 

 

I've had a re-vamp...Your comments would be appreciated:-

 

Particulars of claim (for cross reference purpose)

 

1.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.

 

2. On XX/XX/10 the defendant defaulted on the agreement with an outstanding balance of 20'XXX.XX.

 

3. 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.

 

 

 

The defendant contends that the Particulars of Claim are vague and generic in nature. The Defendant accordingly sets out his case below and relies upon CPR 16.5 (3) in relation to any allegation to which a specific response has not been made.

1/ Sentence 1 in Particulars of Claim It is not admitted that the sum claimed is lawfully owed. The Claimant is put to strict proof as to how the sum claimed has been calculated and how it is asserted that the sum claimed is contractually owed.

2/ Sentence 2 in Particulars of Claim – Is denied until such time the Claimant complies with my written request dated XX/XX/2014, under section 78 of the Consumer Credit Act 1974, for the original copy of the executed agreement and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a)the state of the account, and

(b)the amount, if any currently payable under the agreement by the debtor to the creditor, and

©the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

Furthermore, the Claimant is prevented from enforcing any agreement whilst he remains in default under section 6(a) of the Consumer Credit Act 1974.

3/ Sentence 3 in Particulars of Claim – It is denied that any Default notice has been received relating to the stated account as required by the Consumer Credit Act 1974. The Claimant has failed to reply to my written request dated XX/XX/14, for a true and original copy of any default notice(s) and is held to strict proof thereof.

4/ Sentence 4 in Particulars of Claim – The Defendant has no knowledge of any assignment of debt dated XX/XX/2010 from MBNA to Varde Investments (Ireland) Limited. The Defendant has no knowledge of receiving a notice of assignment as required by section 136 of the Law of Property Act 1925 and section 82a of the Consumer Credit Act 1974. The Claimant is held to strict proof thereof.

5/ Sentence 5 in Particulars of Claim – The Defendant has no knowledge of any assignment of debt dated XX/XX/2012 from Varde Investments (Ireland) Limited to Aktiv Kapital Portpolio AS, Oslo, Zug Branch. The Defendant has no knowledge of receiving a notice of assignment as required by section 136 of the Law of Property Act 1925 and section 82a of the Consumer Credit Act 1974. The Claimant is held to strict proof thereof.

6/ In addition

 

  1. The Claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 16. In this regard I wish to draw the Court’s attention to the following matters: A copy of the purported written contracts that the Claimant cited in the Particulars of Claim and which appears to form the basis upon which these proceedings have been brought, has not been served attached to the claim.
  2. In view of the failure to comply with the CPR Part 31.14 request it is denied that the Claimant is entitled to costs as claimed.
  3. I respectfully request the permission of the court to amend this defence when the Claimant provides full disclosure of the requested documents.
     

Cheers

TS

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Its still a miserable fail Im afraid Tek Screw :sad:

 

Just out of interest and would provide invaluable knowledge to assist with the defence.....why did you default in 2010? You didn't respond fully to the link in post #8

which requests for all the history of the debt.

We could do with some help from you.

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Hi Andy

At the time I was self employed and using the card to finance renovations on a property.

 

Then the financial crisis hit, the property market stalled and it went into negative equity.

 

 

I was late on a few payments and the interest rates/repayments increased.

 

 

With no income I "sold" the debt to credit card killer/momentum network.

 

 

I now know the full story of CCK but all too late.

 

I've completely ignored all correspondence from a variety of DCA's and I'm where I am today.

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Particulars of claim (for reference only)

 

1.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.

 

2. On XX/XX/10 the defendant defaulted on the agreement with an outstanding balance of 20'XXX.XX.

 

3. 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.

 

 

Defence

 

The defendant contends that the Particulars of Claim are vague and generic in nature. The Defendant accordingly sets out his case below and relies upon CPR 16.5 (3) in relation to any allegation to which a specific response has not been made.

 

 

1. Paragraph 1 is accepted I have in the past had financial dealings with MBNA however I am not aware of the account number in question and therefore requested clarity by way of a section 78 request.The claimant has yet to comply.

 

 

2. Paragraph 2 is denied I do not recall the exact date or nature of any breach Therefore I have sought clarity by way of a CPR 31.14 request.The claimant has yet to comply.

 

 

3. Paragraph 3 is denied I am unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA.Therefore I have sought clarity by way of a CPR 31.14 request.The claimant has yet to comply.

 

 

4. It is therefore at this time denied with regards to the Defendant owing any monies to the Claimant, and the Claimant is therefore put to strict proof to:

 

(a) show how the Defendant has entered into the agreement; and

(b) show how the Defendant has reached the amount claimed for; and

© show evidence of any breach and service of a Default Notice and subsequent Notices of sums in arrears

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

 

 

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

 

 

6.On the alternative, as 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.

 

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

We could do with some help from you.

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  • 1 month later...

Hi all,

As an update....33 days from my defence submission was up Monday.

I have spoken with Court today who advise that the Claimant has not replied as yet, although the courts are 10 days behind in dealing with correspondence.

The case is stayed at the moment but there is a chance a reply may be in the system.

I have been advise to call back in 10 days to confirm.

 

 

Cheers

TS

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I personally wouldn't even worry about it Tek...you will know when and if they wish to proceed when a Directions Questionnaire lands on your doormat.

We could do with some help from you.

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