Please help - very worried. Ref: IND/Hegarty LLP/Aktiv Kapital/MBNA

[HB10]

Re: Please help - very worried. Ref: IND/Hegarty LLP/Aktiv Kapital/MBNA

Hi,

i need to send email very soon....still not sure what to put for the section.....any help....thanks

[Amethyst]

Re: Please help - very worried. Ref: IND/Hegarty LLP/Aktiv Kapital/MBNA

I'd go with what we've said, I expect M1 is at work so might not get on before you have to send it.

[HB10]

Re: Please help - very worried. Ref: IND/Hegarty LLP/Aktiv Kapital/MBNA

I'd go with what we've said, I expect M1 is at work so might not get on before you have to send it.

thanks for getting back.... this wording?

The Claimant has failed to provide the statement as ordered by DJ X and until such time as the Claimant complies with that order I am unable to negotiate as the debt is Statute Barred.

[Amethyst]

Re: Please help - very worried. Ref: IND/Hegarty LLP/Aktiv Kapital/MBNA

Yes I think so if you're ticking No to a months stay for settlement.

[HB10]

Re: Please help - very worried. Ref: IND/Hegarty LLP/Aktiv Kapital/MBNA

what should i tick..lol.....

Yes I think so if you're ticking No to a months stay for settlement.

[Amethyst]

Re: Please help - very worried. Ref: IND/Hegarty LLP/Aktiv Kapital/MBNA

I don't think it will matter too much, honestly, the courts like to encourage you to try and settle out side of court, and it won't damage your case to say Yes, but then you've had this claim over your head for far too long already and another month just seems like an utter waste of time. Sorry, its entirely up to you xxxxxx

[HB10]

Re: Please help - very worried. Ref: IND/Hegarty LLP/Aktiv Kapital/MBNA

ticking yes - wouldnt that have an impact that im accepting the debt?

[Amethyst]

Re: Please help - very worried. Ref: IND/Hegarty LLP/Aktiv Kapital/MBNA

Not at all xx

[HB10]

Re: Please help - very worried. Ref: IND/Hegarty LLP/Aktiv Kapital/MBNA

okay, going for a No

[sloane82]

Re: Please help - very worried. Ref: IND/Hegarty LLP/Aktiv Kapital/MBNA

Tell them to stop phoning yourself as this is harassment.Then get information on the debt how much the overdraft is for are you working?. then get 7 years worth of overdraft statements check all overdraft fees overseas fees etc also claim back tax rebates gas and utility charges etc First things first is get your policy and read through it there are probably clauses that you can look at.

[sloane82]

Re: Please help - very worried. Ref: IND/Hegarty LLP/Aktiv Kapital/MBNA

Hi Did you manage to get this whole mess sorted out in the end?.

[HB10]

Re: Please help - very worried. Ref: IND/Hegarty LLP/Aktiv Kapital/MBNA

Hi all,

hope everyone well

received letter from court - allocation to small track., attached to this message (4 attachments)

can you please guide me on the next steps. thanks

[Amethyst]

Re: Please help - very worried. Ref: IND/Hegarty LLP/Aktiv Kapital/MBNA

The hearing fee ( by the claimants) must be paid by the 5th November - HOWEVER they can get that refunded up to 7 days before the hearing - so don't place too much store in whether that is paid. Your documents and witness statement have to be in with court and claimant by the 17th November (so do the claimants with you) so that's the important bit so far as you are concerned.

They need to provide - the letter of claim and your reply, the agreement, full statement ( showing all payments), demand for payment, default notice/ notice of assignment etc.

If they fail they are quite stuffed. It is bloody annoying they have had so many chances on this though.

So you will need to write a witness statement and enclose all documents you have, all letters you have sent and received throughout the case from the LBA and get it to the claimants and the court before the 17th November. If you have statements from your current account showing no payments made on the dates they say payments were made that might help too.

But first is to contact to mediation service. It will basically be a case of saying what your position is with regards evidence and documents from the claimant.

[HB10]

Re: Please help - very worried. Ref: IND/Hegarty LLP/Aktiv Kapital/MBNA

Thanks Amethyst,

I need to make an appointment for the mediation - will i just need to explain the case situation and what I intend to show during the hearing?

[Amethyst]

Re: Please help - very worried. Ref: IND/Hegarty LLP/Aktiv Kapital/MBNA

not what you intend to show, just what they haven't provided you with and that the debt is statute barred and they have failed to evidence to the contrary.