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    • Name of the Claimant ? Abu Dhabi Commercial Bank   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 Nov 2019    Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - XX + 19 = 08 Dec 08 Dec + 14 days = 22 Dec 19   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total    Particulars of Claim The defendant owes £25k (debt under a credit card agreement with ADCB dated xx/08/2014 despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £25k and also claims interest thereonpursuant to section 69 of the country court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £2000.   What is the total value of the claim? £27900   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes - left Dubai   Did you inform the claimant of your change of address? No   Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card   When did you enter into the original agreement before or after April 2007 ? After - Aug 2014   Do you recall how you entered into the agreement...On line /In branch/By post ? Representative of bank visited at my place of work with all documentation.   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Not sure - Can’t see it on Clearscore (Equifax), only have basic Experian app (not Credit Expert).   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. Note sure; don’t think so. Moriarty claim to have “been instructed on behalf of ADCB”   Were you aware the account had been assigned – did you receive a Notice of Assignment? No; only had a letter, then a Final Demand, then the Claim Form and another letter )all from Moriarty)   Did you receive a Default Notice from the original creditor? No   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No   Why did you cease payments? I was made redundant so had to leave UAE to return to UK. Despite me advising  ADCB’s ‘agents’ (DCAs etc) I had no savings, couldn’t find any work nor borrow money to make repayments and was presently in a DMP, I was requested to make a payment as a “good faith” gesture and then they would agree that the sum would not accrue any further interest and subsequently enter into an “affordable agreement”.   Despite my intention to offer any possible solution that I could manage - e.g. merging into my DMP - ADCB were not interested and it reached an impasse.   The payment I did make incurred high charges (SWIFT payment) so I requested if I could pay by card or a method that would not incur high charges. I also offered to agree to % of any future income earned as well as a regular affordable sum. I was advised this would be possible, but all promises made to me proved to be false and so despite me communicating my situation to ADCB all I was offered was to enter into an agreement that I could not afford or ‘final settlement’ that I also could not afford. In addition to this, I’ve had all sorts of obfuscation, misrepresentation and false promises - esp. relative to Central Bank Listing, police case and suchlike -  that I was only promised would be “cleared up” should I make payment. So the situation reached impasse - I wasn’t getting any sense or manageable proposals and I certainly couldn’t afford to keep paying the amounts suggested (especially incurring £20+ charges each time).   What was the date of your last payment? Jul 16   Was there a dispute with the original creditor that remains unresolved? ADCB didn’t seem interested in the litany of  questionable methods employed by their representatives - e.g. misrepresentations, fraud, deceit - and my suggestions of possible solutions (DMP or % of future income) were ignored, rather they just kept wanting money I didn’t have to ‘hold off’.   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes - see above; I advised them I had lost my job, could not find employment, had no savings but would be agreeable to adding to my DMP OR perhaps agreeing to a payment plan on a % basis of any future income.   QUESTIONS Do I need to get a full Credit Report from Experian or Equifax (other than the apps)?  
    • I have had so much help on here in the past with Halifax and Paragon. After my win in court last october with Paragon they sold the debt to Mars Capital. I haven't had much to do with them yet but i know they are a vulture fund, they buy these loans at a cost. I want rid of it. The original loan was £35 k and paid in multiple payments to people i owed money to and some to me. Ive had high levels of arrears for at least 10 years i think . Are they adding interest to my arrears? does it go on balance - it says i now owe £54 k when i have been paying since 2007. I have high levels of chargers on there which i need to add up and ask to be deducted. If i worked out how much i had paid and offered them £12k or less are they no likely at all to take it or will they still expect £54k.  I want to offer a lump sum to get rid of it this year but there are so many issues with this loan - i SAR them back when paragon had it but i don't want to rock the boat - but if they don't have the credit agreement do courts still view this as unenforceable ??? should mars keep to the same rate that the original lender took loan out for??  I have threads on here going back years - the loan was with Advantage then to ADV2 then paragon now Mars Capital , a company called loan makers sorted out the secured loan - they were not paid by myself the fee was put on the mortgage / loan i think
    • Can I just leave it as saved and not submit or do I need to delete everything?
    • don't file yet not needed till/by 4pm tomorrow   let andyorch check things over 1st    
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shamrocker

MBNA court Activ Kapital

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Hello,

 

Yes! Me again!

 

I have today received a court summons, issued by Activ Kapital in respect of a credit card balance with MBNA (Virgin). The total being claimed is £15000+.

 

Obviously, I'm not in a position to pay up and I don't honestly think I can afford to make any sort of serious monthly payment without resorting to family living off beans on toast.

 

The card was issued in 2005 and I think it was signed for online, however that bit is a bit sketchy. I recall the credit limit being £13,500 but it had started out at something like £3,500 and I was given regular limit increases by Virgin, plus batches of interest free credit cheques. Then one month my interest payments doubled and my finances ground to a bit of halt soon afterwards.

 

Default is stated as September 2012. Debt was assigned to AK a short while after.

 

This is a very serious matter for me and I'd like it resolved without losing the roof over my head.

 

Can you guys advise if there is potential for me defend the claim. I assume I'll need to get hold of the relevant legal documentation asap and also be willing to turn up in court.

 

Your advice on what to do next and what to expect further down the line would be very much appreciated.

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Ok, having done some reading on the forum, I have a few questions:

 

Does the fact that I stopped making payments mean I am stumped? I did speak to them (may have been AK) prior to the default date and telling them I couldn't afford to make a satisfactory monthly payment (my offer of £10 a month wasn't deemed acceptable).

 

Is it worth me replying to the court stating my intention to defend the claim, and then hoping I can uncover something out of place that makes the debt unenforceable? Would the 'unenforceable' eventuality be a common occurrence, or am I clutching at straws?

 

Would it therefore be worthwhile chasing down the original credit agreement, as per many cases on here?

 

I don't recall any written default notice being received - how important is this? Is any proof of delivery/receipt needed with these things?

 

I'd be interested to hear some views/advice.

 

Thanks

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After reading around the forum in more detail, I discovered the importance of the information contained within the 'Particulars of Claim' section on the court document. i.e. whether it makes mention to the specific agreement to which the claim applies, presence of default notice, etc. Therefore, I have listed the details below in the hope of attracting some comments (individual sums and dates changed slightly):

 

The claimant claims the sum of £15,970.57 for debt and interest. On 26/07/05 the defendant entered into an agreement with MBNA for a credit card under reference 0123456789012345. On 12/09/12 the defendant defaulted on the agreement with an outstanding balance of £15,009.98. On 22/11/12 the debt of £15,009.98 was assigned to Activ Kapital Portfolio AS Oslo Zug Branch. Notice of Assignment was sent to the defendant in accordance with s136 Law of Property Act 1925. AND THE CLIENT CLAIMS - 1. The sum of £15,970.57, 2. Statutory interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8.00% per annum from, etc..etc..

 

Thanks

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Hi Shamroker,

 

I am not expert and a newcomer here, just want to share my experience with Aktiv Kapita.

 

I took them to Court and WON for registering a false default with CRA and chasing me for a debt that did not exist.

 

These guys are willing to play dirty, thought you should be aware.

 

If I were you I would urgently request true SIGNED copy of credit agreement, Notice of termination, Notice of Default, Notice of Assignment and statement of account.

 

I believe these can be requested under certain CPR which the site admin could assist you on. (Ask Admin for Template under CPR.....)

 

In my case AK had tried to fake the above documents so I would suggest you urgently SAR MBNA and enclose £10 PO. In order to get genuine account information.

 

Once you have all the info and disclose from AK then could decide what to do in regards to ple.

 

Lastly make sure you stick to the time restriction for Acknowledgement of Service and filling upon receiving disclosure from AK.

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You should do the Acknowledgement of Service first check the deadline.

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Thanks Lukeman, I appreciate your advice. Who was the original creditor in your case?

 

If I sort the Acknowledgement of Service and state that I will defend the whole claim, with the intention of going after the CCA and SAR, if the CCA come back and seems legit can I then withdraw my defence and opt for a different option later? If the CCA is fine, does that end my chances of defending the claim? I don't recall ever receiving a default notice - where does this fit in to the whole scheme of things?

 

I've read some good info on here in regards to CPR so I should be fine with this. I will try to get this done asap and posted off.

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Thanks Lukeman, I appreciate your advice. Who was the original creditor in your case?

 

If I sort the Acknowledgement of Service and state that I will defend the whole claim, with the intention of going after the CCA and SAR, if the CCA come back and seems legit can I then withdraw my defence and opt for a different option later? If the CCA is fine, does that end my chances of defending the claim? I don't recall ever receiving a default notice - where does this fit in to the whole scheme of things?

 

I've read some good info on here in regards to CPR so I should be fine with this. I will try to get this done asap and posted off.

 

In my case the OC was GE Money (edge store card).

 

In regards to Acknowledgement of Service and other legal fillings I would urge the experts (Site Admin) to assist as I wouldn't want to give you wrong info.

 

Mate, don't panic too much yet and if I were you I would send the SAR to MBNA asap as it takes 40 days. At the same time send the request for disclosure under CPR to AK by recorded delivery.

 

Lastly in your earlier post you mentioned online application ? did you sign the form and sent it back ?

 

Please let us know how you applied for this card, do you still have the original application form, maybe check your email account...

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In my case the OC was GE Money (edge store card).

 

In regards to Acknowledgement of Service and other legal fillings I would urge the experts (Site Admin) to assist as I wouldn't want to give you wrong info.

 

Mate, don't panic too much yet and if I were you I would send the SAR to MBNA asap as it takes 40 days. At the same time send the request for disclosure under CPR to AK by recorded delivery.

 

Lastly in your earlier post you mentioned online application ? did you sign the form and sent it back ?

 

Please let us know how you applied for this card, do you still have the original application form, maybe check your email account...

 

I'm really not sure on how I applied for the card. I've had a few over the years and I do recall physically signing some and posting them back to the company, but all applications would have initiated online and I certainly didn't sign something for them all. Does this, in your view, affect matters? If so, in what way?

 

My only real defence with this case is the paperwork, but the more I've been reading other threads the more I'm wondering if defending is worth the hassle, particularly when reading about the potential for costs being added. Or, is it worth at least pushing ahead with the a CCA request to AK. The particulars only mentions 'an agreement' but nothing on the exact nature of the agreement nor it's legal significance.

 

I would certainly appreciate some admin advice on this, as you suggest.

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On receipt of any claim the first important rule is to request the CCA which the claim relies upon even before a CPR...they can ignore the CPR but not a section 77/78 request CCA.

 

Andy


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On receipt of any claim the first important rule is to request the CCA which the claim relies upon even before a CPR...they can ignore the CPR but not a section 77/78 request CCA.

 

Andy

 

Thanks Andy. In requesting the CCA, is this done AFTER dealing with the acknowledgement of service and, presumably, stating that I wish to defend the claim?

 

If the CCA turns up and is a solid agreement, can I then take a change of direction and then admit the claim?

 

I am I right in assuming it's pointless even planning for a specific line of defence until the CCA shows up (or does not show up)?

 

Thanks again.

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Thanks Andy. In requesting the CCA, is this done AFTER dealing with the acknowledgement of service and, presumably, stating that I wish to defend the claim? I normally advise as soon as the envelope hits your doormat

If the CCA turns up and is a solid agreement, can I then take a change of direction and then admit the claim? Yes you can withdraw but can they comply?

 

I am I right in assuming it's pointless even planning for a specific line of defence until the CCA shows up (or does not show up)? You can always draft a vague CPR compliant holding defence stating you require further information.

 

Thanks again.

 

Regards

 

Andy


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Regards

 

Andy

 

Thanks Andy. I appreciate you taking the time to offer advice.

 

One final thing before I go looking for the correct letter template(s) - assuming the CCA does not show up, is there any realistic chance for the absence of a CCA to provide me with, for want of a better term, an odds-on chance of winning my defence case in front of a judge? I have read many different threads on the forum which have kind of sent my head in a spin, but my overriding thoughts are that the claim is very likely to be awarded in the absence of the CCA because the judge sides with the claimant. I also read a warning you gave to someone that many cases are lost and end up having costs added.

 

Might the claimant back off if presented with this request when they don't have the proper agreement?

 

I don't really want to chase a lost cause and certainly can't afford for the claim to increase from the level it's at right now. Sorry if I'm a bit naive on these matters, I'm slowly gaining a better understanding with reading the various threads belonging to others.

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I appreciate if this proceeds it will be in the Fast Track so you must be aware of the costs risks.The agreement is pre 2007 so the original agreement will be required to enforce the debt.

Requesting a copy of the agreement is your legal right as is requesting documentation to clarify the alleged debt and that due process has been followed before instigating litigation.

 

If they want a judgment and probably a Charging Order might has well make them work for it.


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I appreciate if this proceeds it will be in the Fast Track so you must be aware of the costs risks.The agreement is pre 2007 so the original agreement will be required to enforce the debt.

Requesting a copy of the agreement is your legal right as is requesting documentation to clarify the alleged debt and that due process has been followed before instigating litigation.

 

If they want a judgment and probably a Charging Order might has well make them work for it.

 

Thanks Andy. Fully understood and I agree, may as well see where a few letters gets me.

 

Should I do this acknowledgement of service as soon as practicable or leave it to the latest possible time and therefore, maybe make them sweat?

 

Lastly, on the CCA letter, do I have to sign it and do I have to provide proof of ID? I have read conflicting advice and don't want to compromise my efforts over something quite trivial.

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Yes dont be in rush to acknowledge...just before the allowed time expires.There is no requirement to sign a section 77/78 request but they could use it to frustrate your request so I would advocate signing it in a unique way...line through it or on a background of dots.No proof required.Just make sure its recorded and you have a paper trail.


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Yes dont be in rush to acknowledge...just before the allowed time expires.There is no requirement to sign a section 77/78 request but they could use it to frustrate your request so I would advocate signing it in a unique way...line through it or on a background of dots.No proof required.Just make sure its recorded and you have a paper trail.

 

Cheers Andy! I will report back on this.

 

Is there any need to do a SAR to MBNA at the same time, or shall I leave this for later?

 

Sorry for all the questions - they just seem to occur to me every time you provide me with info. I think I'm done now though.

 

Thanks again - greatly appreciated.

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BY all means send a DSAR but dont rely on it in time for a defence......you can send CPR 31.14 or 18 for documents referred to in their particulars and information thats not using the 18.


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Is this the correct CCA request letter?

 

------------------------------------------------------------------

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Important to head it it " I do not acknowledge any debt with your Company "


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Important to head it it " I do not acknowledge any debt with your Company "

 

Hi Andy

 

Sorry, I did not see your advice above and the letter was sent.

 

I've had an acknowledgement back from them. They say they cannot provide the requested documentation within the requested timescale and, therefore, the account has been put on hold and removed from the collection process whilst they await the requested information.

 

Can you advise on my next step. I still have not completed the Acknowledgement of Service. The last day is Monday, I believe, and my intention was to do this online.

 

Many thanks!

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Then complete it and state your intention......defend all I assume?


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Then complete it and state your intention......defend all I assume?

 

Hi Andy

 

On the basis of non-compliance with CCA, yes.

 

Once I've acknowledged the claim with the court, is it simply a case that I file a defence unless I am advised differently by the court? i.e. AK drop the claim.

 

I'm just trying to get my head around the possible chain of events that may lie ahead.

 

Would it be worthwhile trying to chase down some other info relating to the account from MBNA in the meantime? What about the Default Notice? I have no recollection of ever receiving one - though, admittedly, I have no understanding as to it's significance in any prospective defence of this claim.

 

Thanks again.

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Indeed complete acknowledgement before the deadline.

 

Stand your ground mate and tell them to put up the cca or shut up frankly.

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Thanks Lukeman. Nice to see you're still around and offering support.

 

I have a few days yet to file, so will leave it as long as possible.

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Hi Andy

 

On the basis of non-compliance with CCA, yes.

 

Once I've acknowledged the claim with the court, is it simply a case that I file a defence unless I am advised differently by the court? i.e. AK drop the claim. Yes 14 days after Acknowledgement and you wont be advised of anything until a defence is submitted and on time

 

I'm just trying to get my head around the possible chain of events that may lie ahead.

 

Would it be worthwhile trying to chase down some other info relating to the account from MBNA in the meantime? What about the Default Notice? I have no recollection of ever receiving one - though, admittedly, I have no understanding as to it's significance in any prospective defence of this claim.

 

Thanks again.

 

Have you not already requested information vis a CPR 31.14?

 

Andy

 


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