MBNA debt/ Akitv Kapital (via Varde Experto)*** Claim Struck Out***

[Mr Spoon]

Wow. It is all slightly beyond me, and I am most grateful for your advice. I feel defeated and frustrated trying to formulate a defence to satisfactorily counter AK, who I believe are trying it on. I would much rather have sorted it all out with MBNA...Andy, we could keep going back and forth with me suggesting words, and you putting me right. To circumvent this can I cut and paste what you've written? Legalese is not my best language.Mr Spoon

[AndyOrch]

By all means but you will have to edit again to flow with your particulars......you can use the suggested point 1 earlier just amend to....

 

1) It is accepted that the Defendant as had financial dealings with MBNA in the past, although I am unable to recall the precise details of the alleged debt by which the claimant refers to within this claim.I have requested clarity by way of a section 78 request as of this date the claimant has only been able to disclose a reconstituted version which is not acceptable given that the alleged debt is pre April 2007 "

[Mr Spoon]

By all means but you will have to edit again to flow with your particulars......you can use the suggested point 1 earlier just amend to....

 

1) It is accepted that the Defendant has had financial dealings with MBNA in the past, although I am unable to recall the precise details of the alleged debt by which the claimant refers to within this claim.I have requested clarity by way of a section 78 request as of this date the claimant has only been able to disclose a reconstituted version which is not acceptable given that the alleged debt is pre April 2007 "

 

If I have heard nothing from AK or their solicitors over the weekend I shall post the final defence on Sunday night. If by chance they send something through I'll change point one as suggested. Hopefully I have fitted your words Andy to my particulars. Just to confirm, I re-write and number the paragraphs (sentences) of the claim and write my defence below?

 

1) The claimant claims the sum of £22k for debt and interest.

On XX/XX/05 the defendent entered into an agreement with MBNAfor a credit card under reference XXXXXXXXXXXXXXXX.

 

2) On XX/XX/09 the defendent defaulted on the agreement with an outstanding balance of £18k.

 

3) On XX/XX/09 the debt was assigned to Varde Investments (Ireland) Ltd.

 

4) On XX/XX/12 the debt of £18k assigned to Aktiv Kapital Portfolio AS, Oslo, Zug Branch.

 

Notices of assignment were sent in accordance with S136 Law of Property Act 1925.

 

AND THE CLAIMANT CLAIMS

1. The sum of £18k

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

annum from XX/XX/12 to XX/10/14

 

3XXX.XX and thereafter at a daily rate of 4.00 until judgement or sooner payment [pound signs missing]

 

1) The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2) Paragraph 1 is noted. It is accepted that the Defendant has had financial dealings with MBNA in the past, although I am unable to recall the precise details of the alleged debt by which the claimant refers to within this claim.I have requested clarity by way of a section 78 request as of this date the claimant has only been able to disclose a reconstituted version which is not acceptable given that the alleged debt is pre April 2007

 

3) Paragraphs 2, 3 & 4 are denied as I am not aware of any Default Notice or Notice of Assignment as stated.I have never received statements or Notice of Sums in Arrears given that the claimants plead they are the legal owner of any alleged debt.

 

It is my understanding and pursuant to the CCA2006 amendments that the claimant is prevented from any enforcement during this lack of service.

 

4) Notwithstanding the above on receipt of the above claim a request for information pursuant to the consumer credit Act (section 78) and CPR 31.14.The requests were made on 16th October 2014 and acknowledged by the claimant in a letter dated 22nd October 2014. To date I have received no response or acknowledgement from the claimant’s solicitor.

 

The claimant is therefore in default of the statuary 12 days.

 

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, if 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

 

It is denied with regards to the Defendant owing any alleged monies to Aktiv Kapital. The Claimant is put to strict proof to:

 

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

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

© evidence any nature of breach and show service of a Default Notice and Notice of sums in Arrears.

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

 

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

Edited November 14, 2014 by Andyorch
Particulars added/Defence tweaked.

[AndyOrch]

Check it now I have edited it.

[Mr Spoon]

Check it now I have edited it.

 

Thank you Andy, that makes it easier. I have continued my paragraph numbering into the "AND THE CLAIMANT CLAIMS" section, and so the response to interest claiming refers to paragraph 5.

 

Looks good to me, but will it do the job?

[AndyOrch]

Yes thats fine......whether it will succeed...check out my success rate in the Legal Success forum....

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

[Mr Spoon]

Yes thats fine......whether it will succeed...check out my success rate in the Legal Success forum....

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-DCA-Legal-Successes

 

You're up there with the best Andy! I shall of course keep the thread updated.

 

Mr Spoon

[Mr Spoon]

I have received a N149C notice of proposed allocation for the Multi-Track from the CCBC.

 

Also confirmation that my defence has been served on the Claimant. Attached to it is the questionnaire N181 which throws up numerous questions which, due to my lack of understanding, am having trouble answering.

 

I do understand that the Claimant has 28 days (from receiving my defence) to respond. That means I need to complete the N181 before finding out the Claimants next move...

 

A) Asks that "as the rules require" me to try to reach a settlement, do I want to now, and if not why not. Obviously I am challenging the claim on a number of levels - should I just write "refer to my defence" in this section?

 

B) The section asks about the court. Is the CCBC part of the High Court? Is this the section where I ask to have the matter heard locally? Is there a reason to have it heard at court?

 

C) Have I complied with the pre-action protocol? Fully, partially?

 

D) Am I making any applications? Is multi-track right? Then it talks about disclosure of electronic documents and agreements.

 

E), F), G) and H) I can answer but

 

I) Asks for any other information to help the Judge manage the case - should I write something in here?

 

I have just discovered Mrs Spoon has been carrying a large amount of debt (and stress/worry) on her own, and I'm now swimming in paperwork again. I have posted a separate thread about that, but my mental capacity is stretched...

[AndyOrch]

I have received a N149C notice of proposed allocation for the Multi-Track from the CCBC.

 

Also confirmation that my defence has been served on the Claimant. Attached to it is the questionnaire N181 which throws up numerous questions which, due to my lack of understanding, am having trouble answering.

 

I do understand that the Claimant has 28 days (from receiving my defence) to respond. That means I need to complete the N181 before finding out the Claimants next move...They have made their move they are proceeding hence the N181

 

A) Asks that "as the rules require" me to try to reach a settlement, do I want to now, and if not why not. Obviously I am challenging the claim on a number of levels - should I just write "refer to my defence" in this section? All parties are expected to participate in mediation...problem is mediation is not free in Fast Track unlike Small Claims Track...just tick yes for now.

 

B) The section asks about the court. Is the CCBC part of the High Court? No Is this the section where I ask to have the matter heard locally? Yes you are the litigant in person only complete B2 Is there a reason to have it heard at court? Yes its a court claim...thats where court claims are judged

 

C) Have I complied with the pre-action protocol? Fully, partially? Not applicable to you

 

D) Am I making any applications? Is multi-track right? Fast Track Then it talks about disclosure of electronic documents and agreements.You only complete D4 (post when you are ready and Ill draft you Directions for J) ...D3 is for Multi Track

 

E), F), G) and H) I can answer but E is just you so 1 H is not applicable

 

I) Asks for any other information to help the Judge manage the case - should I write something in here? Yes a short synopsis of why you deny the claim and reason for dispute

 

I have just discovered Mrs Spoon has been carrying a large amount of debt (and stress/worry) on her own, and I'm now swimming in paperwork again. I have posted a separate thread about that, but my mental capacity is stretched...

 

Once you have completed the above post back

 

Regards

 

Andy

[Mr Spoon]

I'm directing my attention to this today...

 

Just seeking some more clarification, please Andy:

 

A) I've ticked NO, I don't want a one month stay.

 

D1) I've ticked NO, I'm not making any applications.

 

D2) I've asked for Fast Track, the form asks for reasons, can you help, please

 

Can you please help with J...

[AndyOrch]

I'm directing my attention to this today...

 

Just seeking some more clarification, please Andy:

 

A) I've ticked NO, I don't want a one month stay. All parties are expected to participate in mediation....but its not free in FT so thats your prerogative

 

D1) I've ticked NO, I'm not making any applications. Ok

 

D2) I've asked for Fast Track, the form asks for reasons, can you help, please you dont need a reason as it above 10K

 

Can you please help with J...

 

Regards

 

Andy

[Mr Spoon]

Andy, are you still able to help with "J", please? My response has to be with the Court on Thursday...

[AndyOrch]

Yes Draft Directions ......see below for Fast Track...edit to suit and add your headers Claimant V Defendant and court /claim number Etc.

 

 

 

[ATTACH=CONFIG]54891[/ATTACH]

 

Regards

 

Andy

[Mr Spoon]

Thank you very much Andy, I'm typing (and sending) now.

[AndyOrch]

Copy to the claimant and Court.

[Mr Spoon]

Good morning. As Andy mentioned I sent my form off to the Court with a copy to the claimant. Earlier this month I received a "General Form of Judgement or Order" dated 6th January. This ordered the claimant to file their Directions Questionnaire with the CCBC on or before 7 days from the srvice of the order. Failure would mean the claim would be struck out.

 

I heard nothing more until I received a letter from PRA (AK) dated 21st January request immediate settlement and some copies of (composite) credit agreements and records from the original lender.

 

Clearly I won't be sending any money off, but please advise what I should do next. Thank you.

[AndyOrch]

Check with Northampton Mr Spoon see if they have filed their DQ...and if not ask when they are going to strike it out.

 

Andy

[Mr Spoon]

Sorry for not getting back sooner. I phoned Northampton and the case was struck out on 22nd January.

 

That, of course, hasn't stopped PRA sending a letter of assignment and asking for settlement in full.

 

What action can I take to halt PRA and their demands? Is the debt considered unenforceable now? Thank you.

[citizenB]

Sorry for not getting back sooner. I phoned Northampton and the case was struck out on 22nd January.

 

That, of course, hasn't stopped PRA sending a letter of assignment and asking for settlement in full.

 

What action can I take to halt PRA and their demands? Is the debt considered unenforceable now? Thank you.

 

 

Did you request a copy of the NoA within your CPR ?

 

I would be tempted to write back and say the account is subject to a court claim, but I am wondering also about the wisdom of poking a sleeping bear !

[AndyOrch]

Well done..thread title amended to reflect the outcome.

 

Regards

 

Andy

[Mr Spoon]

Well done..thread title amended to reflect the outcome.

 

Regards

 

Andy

Thanks Andy, well done to you. As per my last entry is there anything to be done now? Should I write to PRA and tell them to leave me alone, or head back to court? I envisage, over time, various DCAs trying it on...

[AndyOrch]

PRA are Aktive K...all the same group...the debt isn't unenforcible..it still remains...just the claim struck out...so you do nothing unless they try to issue again.