Jump to content


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


Please note that this topic has not had any new posts for the last 2123 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...