Jump to content



AK/Judge & Priestley - claimform - old MBNA card 'debt'


Please note that this topic has not had any new posts for the last 1829 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

Hi,

 

Thanks for merging the threads. Please see below:

 

Name of the Claimant ? - Aktiv Kapital Portfolio AS ZUG

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. - 20 Oct 2014

Date of issue 20.10.2014 + 19 days ( 5 day for service + 14 days to acknowledge) = 08.11.2014 + 14 days to submit defence = 22.11.2014 (33 days in total)

 

What is the claim for – the reason they have issued the claim?

Please type out their particulars of claim (verbatim)

less any identifiable data and round the amounts up/down. -

 

 

The claimant claims the sum of 13,000 for debt and interest.

On 30.09.1997 the defendant entered into an agreement with MBNA for a credit card

under reference XXX.

On 31.08.2009 the defendant defaulted on the agreement with an outstanding balance of 11,000.

On 24.09.2009 the debt of 11,000 was assigned to Varde Investments (Ireland) Ltd,

who itself assigned the debt to Aktiv Kapital Portfolio AS Zug Brand on 03.03.2012.

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 11,000

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

from 3.3.12 to 17.10.14 2,300 and thereafter at a daily rate of 2.41 until judgement or sooner payment

What is the value of the claim? 13,300 plus 410 court fee and 100 solicitors costs = 13,810

Is the claim for a current or credit/loan account or mobile phone account? - credit card

When did you enter into the original agreement before or after 2007? - before 2007

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. - debt purchaser

Were you aware the account had been assigned – did you receive a Notice of Assignment? - I can't recall

Did you receive a Default Notice from the original creditor? - possibly back in 2009

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? - not that I can recall but I can't be 100% sure about this

Why did you cease payments:- I wasn't working

 

Was there a dispute with the original creditor that remains unresolved? - no but I have not contacted them about PPI

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan?

- Yes but MBNA refused. This was all done by phone. I asked if I could reduce my payments but they just refused

Link to post
Share on other sites
  • Replies 229
  • Created
  • Last Reply

Top Posters In This Topic

1997 this is a joke

they'll never get the agreement

 

 

AOS the claim - defend all

 

 

sent AK a CCA request

 

 

and the sols a CPR

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... 

Link to post
Share on other sites

you need to ack the claim on mcol

 

 

defend all

 

 

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... 

Link to post
Share on other sites

forget the response pack do it all online.

 

 

comeback when aos is done and acked

leave juris unticked

 

 

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... 

Link to post
Share on other sites

so you've done post 102?

 

and aos ?

 

so now time to read around here.

 

who's the sols?

 

just don't miss defence filing date

 

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... 

Link to post
Share on other sites

Oh no I forgot to send AK a CCA requistion

 

 

and the solicitors a CPR, sorry not sure what the CPR is.

 

 

If I do it tomorrow and they receive Tuesday will I be ok?

 

 

I'm just thinking the CCA request gives them 28 days to reply.

 

 

I need to file defence by 22.11.2014.

 

 

Is there any possibility of asking for extensions to this?

 

The solicitors is Judge & Priestley.

 

I'm also going on holiday on 25th November

Link to post
Share on other sites

cpr 31:14 is in the legal section of the green library tab top left

 

 

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... 

Link to post
Share on other sites

You can agree an extra 28 days on your defence date using CPR 15.5 with the claimants agreement...but then you will have to deal with it all through Christmas.

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 Topic please PM me a link to your thread

Link to post
Share on other sites
cpr 31:14 is in the legal section of the green library tab top left

 

 

dx

 

Can I check I have the right one as it refers to a current account

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387483-LEGAL-CPR-31.14-Request-when-Claim-is-being-made-for-a-Current-Account

 

You can agree an extra 28 days on your defence date using CPR 15.5 with the claimants agreement...but then you will have to deal with it all through Christmas.

 

Oh yes I'd rather get it out of the way I think

 

Hi, could you please check my CPR letter is correct?

 

 

[removed]

Link to post
Share on other sites

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 Topic please PM me a link to your thread

Link to post
Share on other sites

 

That CPR states "Although your claim is for a sum which is not morethan £10,000.00 and will in all likelihood be allocated to the smallclaims" the claim is for over £13k

Link to post
Share on other sites

Then remove that line as advised in the CPR 31 template

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 Topic please PM me a link to your thread

Link to post
Share on other sites
Then remove that line as advised in the CPR 31 template

 

Apologies I missed that bit. Could you please check my revised CPR request?

 

 

[removed]

Edited by dx100uk
please dont post our templates in the open forum - dx
Link to post
Share on other sites

Yes its fine providing they have referred to the documents within their particulars (1 -5)

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 Topic please PM me a link to your thread

Link to post
Share on other sites

list the docs they refer to in their PoC

 

 

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... 

Link to post
Share on other sites

no's

1,

2,

3,

5

 

 

of the link andy sent you.

 

 

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... 

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

Hi,

 

I have received the attached from a different company regarding the CCA request.

 

 

I've had no reponse from the solicitors regarding the CPR request and the 7 days was up yesterday.

 

 

I also need to file my defence on Friday and have little to defend with right now...

Link to post
Share on other sites
Hi,

 

I have received the attached from a different company regarding the CCA request. I've had no reponse from the solicitors regarding the CPR request and the 7 days was up yesterday. I also need to file my defence on Friday and have little to defend with right now...

 

[ATTACH]54382[/ATTACH]

 

as stated the new name of Aktiv Kapital, maybe they did not like the mis-spelling of Aktiv Krapital?/

:mad2::-x:jaw::sad:
Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...