Aktiv Kapital/J&P Claimform - old MBNA 'debt'***Claim Discontinued***

[dx100uk]

letter says

they have received copy of claimants defence

confirms client wishes to continue and have advised the court

 

 

dx

[mikeymack2002]

Having read the attachments especially the statements of the account I noticed the were many £25-00 late fees listed have these been reclaimed yet? (Purple bundle) some state £25-00 some are £12-00 page 3 of the PDF onwards. Has the OP had all of the statements from day one? How many charges and what is the value of them in full including the interest?

[dx100uk]

would only be of use in mediation if they wish to proceed with the case

 

 

lets see.

 

 

dx

[jellycubes]

I have sent you an email of a letter I received today from court.

 

I dont really understand if the case is stayed.

 

It states proposed allocation to the small claims track.

 

ATM. They have also put a form togther for me to fill in with my signature,

something I dont want to give them,

also no defence has been entered by the DC as you can see that part has been struck through with a pen.

 

Do these vultures ever relent ?

 

I have no idea what this means can you shed any light ?

 

JQ

 

Update I have spoken to the court.

Me putting in a defence saved the other side having to pay the cost of getting the case un stayed.

Because my defence went in it allowed them the 28 days. gggrrrrrr to the man at court but bless him I just dont think he realised.

 

I either file for mediation or ask for this to go to court near me.........

No idea at all what to do,

explained part of the case to the lady at the court who suggested

I email my response so my signature can not be lifted which is a good idea.

 

What is the best way to handle this ?

What is mediation ?

 

 

I want to know where the application for this card is,

what was my employment ?

 

Who fricken signed it and how was 10K given.

 

Sorry I just really dont need this but I have to fight else they will go ahead

and get a judgement which I think would be hugely wrong

Edited July 1, 2015 by jellycubes
updated

[dx100uk]

std court form

fill it it

send it to the court and a copy to the claimant

 

 

yes to mediation.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?433406-Alternative-Dispute-Resolution-(Mediation)

 

 

dx

[jellycubes]

Thank you DX will do and will keep you updated

 

JQ

[jellycubes]

Okay I have just spoken to mediation.

 

 

They say this case Is quite serious and

it is still not proved how this debt was obtained

and without a complete cca I would be only able to use this service

if I am accepting I owe this debt and acknowledge I took It out.

It is going to court.

 

I really don't feel well enough

but to be fair I did Say to the gentleman on the phone

if you Gave me a typed name no signature or financial Detail would you expect to be given 10k

no was The answer.

 

Any thoughts on this guys ?

[dx100uk]

its upto the claimant if they want to pay the fee to unstay and proceed to court

as said before ,

 

 

and without an enforceable agreement, nor indeed any paperwork

they'd be laughed out the court door.

 

 

claim remains stayed

[jellycubes]

Thank you DX the case is unstayed as

When I put in my defense the made the case

Live again. However I can't agree to something

They can provide no proper paperwork for

And all requests for a true cca has as we know

Just produced a reconstructed one and poor

At that it is.

 

Should I again request a true cca from the solicitor ?

 

I told the courts that without this I am unable to

Go to the ombudsman with my complaint

 

Anyhow deep breaths because even court acknowledge

This has been passed around debt collectors

And by the way it's no longer atkiv it's now CPA

Group or something of that name

 

Sorry typing on a mobile hope this makes sense JQ

[dx100uk]

Given that mediation has failed you now must now refer back to your Notice of Allocation...(this is what you received advising mediation after you submitted your DQ N180)...there should be directions listed on how the claim will proceed should mediation fail.

 

Its vital you follow the directions by the date stated.....this will include preparing a witness statement and submitting/exchanging your standard disclosure.

 

 

dx

[jellycubes]

Okay DX I have sent in my defense as you know which was quite extensive. I have asked for a court near to me and explained that I have severe mental health.

 

Its just a case of waiting for a court date now i guess.

 

One thing of note DX the negotiating department said that I could call them at any point I am satisfied they have provided evidence ie CCA etc and we could enter the

negitoation but he stated it really needs proving that this debt is owed thats why I did wonder if another CCA request was worth it

 

Kind regards

 

JQ

 

ps Besides that form i filled in I have had no other documentation as of yet to fill in but I have put together a file of the letters etc over the years asking for proof etc and discount letters. Some i burned but thats another story

[jellycubes]

Okay I am going to court.

 

They have paid the fees and i have found well they sent me all the discount letters that I burned so thats a bonus.

 

Truth is I am ill with worry, mental health is awful.

But if it kills me i am going to turn up.

 

Any advice please.

 

I have copied everything I have even the prove it letters,

it was sold on whilst in dispute,

strange that the solicitors had no record of my request to the previous debt collector

but i have the orignal from them acknowledging the account in dispute.

 

I didnt think you could sell on but what do I know. ooooofffff I am in tears but I am fighting

 

Is life seriously worth all of this ?.............. My other case regarding institutional abuse is going ahead in October... My anxiety and panic, gosh I feel so low

 

I have one day left to get this in.

 

Can anyone help me ?

the debt was in dispute i have the original letters should it have been sold on whilst in dispute

.I am trying my best to get this together

 

Also there is no address on the CCA no employment details no telephone numberno signature just a tick. How was 10k given. I have included the obudsman letter in the lloyds case so the judge can see that if a cca had been proveded we could have investigated it

 

I have had to stop the solicitors sending me mail as they were not putting it in the envelope properly and my neighbour opened it !!!!!!!!!!! They were aggressive on the phone so i said email only... no emails urghhhhh sorry im off my head in anxiety

[dx100uk]

The factit was sold on makes no real odds

 

Concertrate on the fact they have sent no enforceable nor any paperwork

[jellycubes]

Okay thank you DX. I will put forward to the judge you sent a typed name, no address no employment or telephone number/income would you expect a 10k gift ? No. Its disgusting because its not valid. I will concentrate on that area an have printed off some info.... phew I am not giving up

 

Plus no statements till 2015 !!! with withdrawals in areas ive never been in my life.....

[jellycubes]

ok the terms and conditions they sent me state 12 pounds late fees and a different interest rate to what the reproduce cca which just contains my name address and a tick.

 

the statements they produce on a spreadsheet state i was charged 12 pounds in 2006 yet the alleged cca which does not have my signature clearly states 25 fee.

 

so not only do i believe they have made this up as if true the charges on the spreadsheet would state 25 pounds and also the interest rate in the terms and conditions does not match the one shown on the put together online application

 

now forgive me but what will the judge think of that ? should i tell the solicitors or should i just explain to the judge on the day.

 

dx i wish your light was on

[dx100uk]

the £12 charges did not come in till late 2006 after the OFT ruling.

 

 

you point out the errors to the judge on the day.

 

 

have you a court date yet?

[jellycubes]

Yes DX the 9th of October. So they have made up the terms then. Yes I will point all the errors out. Surely they must tell the truth in a court of law ? I know I will be telling the judge the whole truth DX. Thank you for that information. As ever vital support, Thank you

[jellycubes]

DX are you there ? ..... I am sending a pm due to sensitivity, I know not normal practice

[dx100uk]

not sensitive

infact very good

 

 

post it up on thread.

 

 

first ref to you doing this was 2012...

 

 

dx

[jellycubes]

I have spoken to MBNA fraud team.

 

 

I did so some time back but a representative said there was no CCA etc.

 

 

After my call today which took its toll on my anxiety I have been told they have no record of a CCA, NOTHING.

 

 

Infact they said the last contact they had was with a previous DCA.

 

 

I didnt go into a lot of detail back then I was in a mental breakdown.

 

 

One of many.

 

 

I have today sent an email and will send a copy to the judge.

 

I asked the lady at MBNA if I applied for a card would my name and address get me 10k.

 

 

She said no and even back then a detailed application would have required earnings length of employment etc.

 

I have no idea what will happen now.

 

 

My son had to pick me up off the kitchen floor as emotionally it drags up dark times.

 

I will keep you all updated.

 

 

I have no idea if what I am doing is right,

 

 

I just woke up and made the call.

 

 

Yes I should have been more pro active but mental health is a dark animal

 

JC

[jellycubes]

The case has been discontinued and the debt written off.

 

Down to significant evidence and the green light of DX that has by the grace of god got me through some dark shifts.

 

The journey has been awful, but justice prevails and this is the peace I need.

 

Thank you DX... as the song goes ..there is a light that never goes out

 

and I am humbled

 

JC

[jackreacher]

The case has been discontinued and the debt written off. Down to significant evidence and the green light of DX that has by the grace of god got me through some dark shifts.

 

The journey has been awful, but justice prevails and this is the peace I need.

 

Thank you DX... as the song goes ..there is a light that never goes out

 

and I am humbled

 

JC

 

i am so happy for you.. I have been following but did not want to get involved unless needed. Those terms and conditions were not the real ones you were Correct.

 

i hope your abuse case goes well and it gives hope to others who do not feel as strong as some.

 

Good luck with your future and a special big X to dx ...Incredible work DX!!

[dx100uk]

I'm a stubborn one

 

Dx

[jellycubes]

You are a wealth of support DX.

 

Your stubborn light shines !

 

Thank you Jack for that supportive message. One battle fought and on to the biggest one of my life now.

 

Keep fighting because without fight we may as well lay down and be walked over........... Those days are gone !

 

JC

[jackreacher]

A stubborn, generous and kind one... great to see humanity exists in difficult as well as easy situations.

 

Respect to you, Jack