Ccbc aktiv kapital/judge & priestly set aside help needed

[Superlandlady]

URGENT HELP required please: court case on Wednesday (application to set judgement aside on my part)

 

Friends, please help!

 

J & P have just sent me a massive file pertaining to the old credit card with Virgin Money from 2005.

 

 

The application to set judgement aside will be heard on Wednesday.

 

 

I have never admit any debt or been supplied with any documents that show I have a contract with this company.

 

 

The judgement was passed in my absence this summer (i was travelling for 3 months)

by the Nottingham business court (St.Catherines) for around £22K

against which I've complained to the court saying they've denied me the due process.

 

Please advice what information you need to help me in this instance.

Thank you.

[AndyOrch]

Moved to Financial legal Issues.

 

Regards

 

Andy

[dx100uk]

so have they sent you a signed CCA?

 

 

dx

[Ganymede]

Have you got a copy of their Claim Form etc?

[Superlandlady]

Hello,

 

 

I just wish to say that after having done my research,

 

 

I have realised that this so called "debt" is unenforceable under the Limitation Act 1980, section 5.

 

 

This particular section relates to breach of contract, if the existence of the contract can be proven.

 

 

I do not have any contract with this thrid-party-debt-collection company and the period of 6 years has passed.

 

 

There is no legal standing for their claim under any statute.

[dx100uk]

yes you do have a contract

it was transferred by the Notice Of Assignment from the OC

 

 

I'd not be reading too many of those Freedom of the Land sites!

 

 

can you please answer the questions that have been asked by us above.

 

 

if you've not paid or ack'd the card in 6yrs before the claimform was issued

then it could be SB'd and gained by default

but you need to provide us the evidence first

 

 

dx

[Superlandlady]

Thanks for your caution

 

However:

1) The agreement is unenforceable (signed in 2005) with the wrong address - not sure how that address got there.

 

2) When asked in 2009 to provide Notice of Assignment and accounts/ledgers/proof of debt,

Virgin / MBNA never replied or responded.

I had not received one single document when I challenged the validity of agreement.

 

3) They have sold it to several DCA's in the past few years, all of which I've buffed off successfully.

 

4) The Aktiv Kapital is one of many who had been trying to get somewhere with this

and their solicitors Judge & Priestley are, in my opinion, trying their luck.

 

5) I attempted all pre-action protocols back in 2009

( pursuant to the Civil Procedure Rules ( Pre action protocols and Part 31.16)) with no reply from Virgin/MBNA.

 

If these current moppets knew about all these (and they have no copies of any of that correspondence back in 2009)

they would realised their claim is a an Abuse of Process under CPR.

[dx100uk]

either you want help or you don't

 

 

your call.

 

 

dx

[Superlandlady]

Thanks you kindly. Its a bit too late and I think I have it covered now. The hearing is tomorrow so I shall post after I return.

[Dotty50]

So what happened Superlandlady?

[Superlandlady]

The saga continues. Its still going on.

 

The most bizarre thing happened

- I was away from the UK for a month, gave the notice to the courts and the other party, in writing, registered post that I will be away until 6Th April.

 

The court just ignored me, set the second hearing for my new application

- (oh yes - my previous application to Set Judgment Aside was dismissed, as in my ignorance, I filed it on wrong basis, but the lady Judge was very supportive of me and ordered that I apply again on the basis of 'Relief from Sanction', which I have done).

 

The 'new' application for Relief from Sanction was filed as ordered, and on the same application I notify Court I will be away for one month.

 

I come back from abroad only to find tons of correspondence - the court set the hearing during my absence, on the 31st March. This is the second time that the court has done the same thing.

 

Most disappointingly, Judge and Priestly solicitor handling this case, Mr Uday Patel, decides to go ahead with it, despite being informed of my absence and deliberately acting against my interest.

 

 

I wrote to the courts asking how to take legal action against them, for deliberately breaching my right under statutes AND

- i send a complaint to Judge and Priestly, literary spitting fire at them for going with the hearing while I was away, DESPITE being informed in writing, in due time and prior to my scheduled trip.

 

I also complained to the S.R.A for the breach of principles on behalf of Judge and Priestly Solicitors, which I hope will increase their insurance costs if they are found in breach.

 

Thus far, I have not heard from the Courts or from them.

 

During my absence, they send me this letter of "assignment" to a completely different company, all backdated to December last year, all straight forward fraud as I had never received any such notices before.

 

 

So, the "claimant" now is some completely different company, another debt collection LTD I have never heard off.

 

I so hope they all burn in Hell, I really do. Every night, before I go to sleep, I pray to God that they learn their lessons in the most harsh way, so yeah, I'm still hanging in there.

 

Thanks for asking.

[Dotty50]

Has it gone to PRA Group by any chance? (they are Aktiv)

 

Sounds like a nightmare !

[Superlandlady]

I have to check. I've not looked at the file since I wrote complains to the courts and the solicitors. I'll check it and post it here when I do.

Yes, it is a nightmare but I'll wake up from it soon. They will be gone soon, one way or another. They are total *******s.

[Superlandlady]

Hi all, just to inform you - I had a hearing today, listed for 30 min, for my Application to Set Judgement Aside. This application asked the court to set a lesser order (a default judgement entered during my absence from the UK) aside so I can defend the case against Cccbs Aktiv Kapital and Judge and Priestly solicitors.

The district judge decided to re-list (not adjourn) my application with an allowed time of 2 hrs.

 

I took this as far as I can. I need some serious guns.

 

Does anyone knows any good credit law solicitors?

 

I would be very grateful for any suggestions.

[Superlandlady]

Yes, they have Dotty. I only got that information 1 wks before today's hearing.

 

I think I will need professional help now.

 

Do you know of any good quality consumer law professionals?

[AndyOrch]

Why do you need professional help...nothing different in your case to the 100s of others here and most have ended successfully.

 

Andy

[Superlandlady]

I have been trying to put the end to it for a year now. The next hearing will be for 2 hours. I don't want to leave anything to chance.

[Superlandlady]

Dotty50, thank you for PM - the system will not allow me to reply via PM if I have below 30 posts. Your pm was dully received and I thank you. I have found what I was looking for. Many thanks.

[Dotty50]

Only 5 to go, then you will be able to!

[Dotty50]

How's it going superlandlady?

[Superlandlady]

Hello there,

 

Seemingly, not very good.

 

 

After a year and a half in court,

I have finally won the right to have the default judgement set aside

(the judgement was wrongly entered while I was away from the country.

 

 

It has taken two applications,

numerous number of hours and huge stress to win this application.

 

 

However, upon the advice of the solicitors I have approached who specialize in the consumer credit law,

I have succumb to negotiating with PRA Group (Aktiv Kapital). That's where I am at. Thank you for asking.

 

I'm exhausted from all this, it takes such a huge amount of time, loss of income, stress etc.

 

 

Its the signature I can't get passed by so if I negotiate a reduction in debt,

I will be happy. I've learned so much about going to court,

I can have a law degree nonetheless.

[Superlandlady]

Hi Dotty,

 

Many thanks for your email. I was trying to send you the PM but it does not seem I can, so I'm posting here.

 

I have one.

 

The guy is very good, very knowledgeable and with all the evidence they have, it does not seem to be resolvable in my favor.

 

I opened my Virgin card in Dec 2004 (from memory) and had paid it off twice before.

The third time I sent them the payment, they did not process it and I left it like that,

stopped the DD and hoped it will all vanish on its own accord!

Silly me - it was all the 'Fee man on the land' thing... you know...

 

The best it can be hoped for is an amended defense with an "unfair relationship" being put forth,

but the solicitor told me that the costs involved in amending my original defense

and paying for the council (who by the way lives in Brum and is a specialist on consumer law and thus will charge less),

would far outweigh any reduction in debt the court would possibly grant as a result of that "unfair relationship"

(they kept sending all letters to my old address despite being informed I have moved at that point several times and in writing).

 

 

I have sent the solicitors the reply to SAR & CCA which was only a set of statements with the compliment slip,

but he said that even if they have not complied,

the court will allow them to rectify the matter and issue the correct default notice

- all I would achieve is ... nothing really - just waste of time and money.

 

I saw that he was trying to help me, but he just did not have anything in his hands to defend me with.

I did not question the contract and did not want to lie and say I did not sign it as it is clearly my signature and it can be easily proven.

 

The fact that I have nearly (3months) been able to use the limitation close (6 years), was nothing but unfortunate.

The sharks have bought the loan and that was that.

 

I am so grateful you express interest in this - I'm pretty much resigned to pay, alas, over a very long period of time.

Lesson learned - never put your signature on anything!

 

I wish you all the best with your case, I really do!

 

NB. I have also learned that if you are a litigant in person, you have a much better chance of wining in court.

 

 

In the last year and a half since this palavi has been going on,

I went to court myself about 4-5 times and won each time.

 

 

In February, I put in an application to set judgement aside, but it was on a wrong premise.

A lady judge was so kind, did not rule against me, but kindly told me what to do and that I must submit an application for a relief of sanctions, not argue the merit of my defense.

 

 

So, she ordered that I put an amended application in, which allowed me to finally win it (although at the end, it was a futile win).

 

NB2. I made another mistake and have used the rule 13.4. 5 & 6 in my amended application, which deals with court dismissing judgement which was entered by default.

 

NOW - this is a big one - if one has replied, or put any effort into dealing with the claim, but then, the judgement was entered in their absence from the country, (in my case), and illness, or whatever

 

 

- it is NOT deemed to be a DEFAULT judgement.

 

 

However, this knowledge is highly specialize, and not even the oponents were aware of it and hence based the whole case on "having won the default judgement against me"

- so the last hearing (on 25/09) the judge told me that I should have relied on 3.9 rule, and not on 12 and 13 like I have.

 

So, take notice (everyone)

- that should a judgement be entered against you, and it was deemed to be a 'default' one,

make doubly sure it is actually classed as a 'default'. You maybe presently surprised.

 

In final words (I'm trying to get to 30 posts so I can send PM) -

I was pleasantly surprised by support I was given first by 'normal' judges, then the district judge. I

really felt they were trying to help me. That's a word of encouragement to all who are LIPs (Litigant in Person) in court.

 

Hi Dotty,

 

I have tried sending you PM, now that I have reached 30 posts, but this is the message I've got from the forum: "dotty has exceeded their stored private messages quota and cannot accept further messages until they clear some space."

 

So you may want to delete some stuff otherwise you won't receive any messages at all.

[Dotty50]

Sorry, I've not deleted my emails for ages, but you should be able to send one now.

[Superlandlady]

Sorry, I've not deleted my emails for ages, but you should be able to send one now.

 

Why do admin on this forum do these kind of thing?

Like those posts are something so valuable to them, they can't be 'wasted' - they sum them all up, like the little precious things, put them all in one, make sure people don't accumulate 30 posts "just like that" - someone in the admin must have had a career in the police... Ridiculous.

 

So, I don't have 30 posts any more - I will not be able to send you a PM now. Sorry Dotty50.

[AndyOrch]

You can send me a PM Super....and I will pass it on to Dotty.

 

Regards

 

Andy