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Good Morning ,
My problem relates to a credit card that was taken out with MBNA around 2005, which through unemployment, went in to arrears and eventually defaulted. Some time later, this debt was sold to Varde Investments (Ireland)/ Experto Credite, and it seems was bought by AKtiv Kapital during 2012. I say it seems, because I have never been formally notified that AK had bought this debt.
The last payment that I made on this card was around February 2009, and I have not acknowledged to either company that I owe this debt.
As I have said, I did not respond to any of AK's letters, including their silly money off vouchers, so I started to get letters from AK's solicitors, Judge & Priestley, which led to them starting CC proceedings, which was issued on 20.10.14.
I sent in a defence to this claim stating that I had never been notified that AK actually were the owners of this debt, because at one time I was getting letters from both AK and Experto Credite at the same time, and still have the letters as proof.
Because this claim was in the early stages and had not been allocated a particular track, through reading about this, I became aware that through CPR 31.14 rules, I still could ask Judge & Priestley for a copy of documents thar were mentioned on their particulars of claim, which I sent by recorded delivery on 09.11.14.
I got a letter back from them stating that their client was in the process of obtaining the requested information, and that they would get back to me at the earliest opportunity, but that was nearly ten weeks ago!.
The questionairre has been completed and exchanged, but does anybody know how long that I am likely to be in this position? Will the court strike this out if they cannot provide the information? Do I allow a bit longer and then apply to have this struck out ? Or do I go along with no news is good news?
Another point is, as I have already mentioned, the last payment was made on this card in February 2009, so it would be coming up as a statute barred debt, but now CC proceeding have started, has the six year clock now stopped, even though at the moment there is no judgement?.
Any help or advice would be appreciated,
Thanks...........
.
My problem relates to a credit card that was taken out with MBNA around 2005, which through unemployment, went in to arrears and eventually defaulted. Some time later, this debt was sold to Varde Investments (Ireland)/ Experto Credite, and it seems was bought by AKtiv Kapital during 2012. I say it seems, because I have never been formally notified that AK had bought this debt.
The last payment that I made on this card was around February 2009, and I have not acknowledged to either company that I owe this debt.
As I have said, I did not respond to any of AK's letters, including their silly money off vouchers, so I started to get letters from AK's solicitors, Judge & Priestley, which led to them starting CC proceedings, which was issued on 20.10.14.
I sent in a defence to this claim stating that I had never been notified that AK actually were the owners of this debt, because at one time I was getting letters from both AK and Experto Credite at the same time, and still have the letters as proof.
Because this claim was in the early stages and had not been allocated a particular track, through reading about this, I became aware that through CPR 31.14 rules, I still could ask Judge & Priestley for a copy of documents thar were mentioned on their particulars of claim, which I sent by recorded delivery on 09.11.14.
I got a letter back from them stating that their client was in the process of obtaining the requested information, and that they would get back to me at the earliest opportunity, but that was nearly ten weeks ago!.
The questionairre has been completed and exchanged, but does anybody know how long that I am likely to be in this position? Will the court strike this out if they cannot provide the information? Do I allow a bit longer and then apply to have this struck out ? Or do I go along with no news is good news?
Another point is, as I have already mentioned, the last payment was made on this card in February 2009, so it would be coming up as a statute barred debt, but now CC proceeding have started, has the six year clock now stopped, even though at the moment there is no judgement?.
Any help or advice would be appreciated,
Thanks...........
.
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