Jump to content
  • Tweets

  • Posts

    • why don't you have the green slip of the v5c and what do they want it for?  
    • thats pretty crap you can forget other agreement  thats simply a copy from Cabot filing cabinet of a blank agreement from somewhere and THB i seriously doubt even the tickbox one IS enforceable IMHO, not proof of the IP address used etc etc.   you indicated earlier this was taken out during a time of gambling etc?? was your credit file shot with defaults then and you had numerous other loans and debt etc etc   dx
    • Good evening,   I'm yet another person who didn't think before acting when it comes to a gym membership. I've had a read of quite a few threads before joining so I'm not exactly worried as I see the majority outcome is overwhelmingly positive from the members here, but I hope it's okay that I could seek some personal advice regarding dealing with Harlands myself?   I assumed that "no contract membership, no ties, cancel any time, no joining fee" meant I could cancel my direct debit through my banking app within my first month if I decide I don't like the gym (which I didn't) and absolutely nothing would come of it, I just wouldn't be able to get in the gym anymore. So I cancelled it a couple of days before my second payment was due, which I now see was a stupid thing to do.   After already cancelling my DD I then thought I'd better cancel it on X4L's website as well. Turns out "no ties, cancel any time" should actually read "30 day minimum cancellation window requiring two further payments". As they said my final payment would not infact be due 24th October, but instead be 24th November, even though when I cancelled my membership through the website, the 24th November was OUTSIDE of their 30 day cancellation window. Since I cancelled my DD during my first month without telling the gym and awaiting their cancellation window (which seems like such a scam when you read "no ties, cancel any time") it meant that my payment due 24th October bounced.   I feel extra foolish by the way, because I was certain I took a screenshot of my cancellation notice but cannot find proof of it anywhere, so I really hope that doesn't come back to bite me either.   Anyway as of today I began recieving text messages (which I cannot block - if someone could advise on that, that would be great!) and they also sent me this email:     And that letter reads:     I am well aware that from this point I will need to offer to at least pay the £14.99 for the bounced payment, which I am more than happy to do. I'm just worried that I'm also going to have to owe them £14.99 for November (despite it being outside of their 30 day window). I was just wondering at this stage do I send a letter to Harlands offering to pay the bounced payment but say I will not be paying the admin fee, and give them 14 days to accept that offer? And should I also send a letter to X4L explaining the situation, and ask for their pursuasion in getting Harlands to accept my offer?   Many thanks in advance to whoever responds, hope you can help a fool out!
    • I have a section 75 I started on the same day as the MCOL. You might think it strange to do both but I have zero faith in my bank, Santander take 3 months to process a S75 and so far rejected two other claims due to a force majeure clause, something the EU and UK government have said the pandemic is not. Both these claims are now with the FOS but the ombudsman's is currently working to a 4 month delay.   I really take another case taking 7 months to conclude, it's soul destroying.
    • Have you called the credit card company and tried to initiate a charge back?
  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
        • Thanks
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
        • Thanks
        • Like

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


Please note that this topic has not had any new posts for the last 2094 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

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

Link to post
Share on other sites

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 "

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites
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 by Andyorch
Particulars added/Defence tweaked.
Link to post
Share on other sites

Check it now I have edited it.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites
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?

Link to post
Share on other sites

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

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites
  • 3 weeks later...

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...

Link to post
Share on other sites
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:madgrin:

 

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

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

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...

Link to post
Share on other sites
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

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

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

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

Copy to the claimant and Court.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites
  • 1 month later...

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.

Link to post
Share on other sites

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

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites
  • 2 weeks later...

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.

Link to post
Share on other sites
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 !

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

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

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites
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...

Link to post
Share on other sites

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.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...