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

[HB10]

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

been looking at the docs they supplied...- the statements

1 - jan 2013 statemet showing dec 2009 charges (late default sm, overlimit default sum, interest) - no transaction from me ie no payment

2 - jan 2007 statement showing dec 2006 charges and a payment by me

would this mean it could be statute barred now?

[mystery1]

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

When was the last payment ? When was the next payment due after this ?

M1

[HB10]

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

When was the last payment ? When was the next payment due after this ?

M1

I am not sure when i made the last payment on the account. The info i gave was based on the 2 statements they sent...the next payment would have been the following month.

[mystery1]

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

It might be SB but it's not something i'd be certain of as there is loads of information, potentially, missing.

A subject access request may help but can take 40 days.

M1

[HB10]

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

sent ws2 to court.

what particular preparation will i need to sort before the hearing?

also any particular questions that i must be ready for?

starting to get worried about the hearing now

thanks

[mystery1]

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

Is the total amount claimed above or below £10000 ? It seems the balance was below but i'm thinking the added interest brings the claim above £10000 i.e. above normal small claims track amount ?

M1

[HB10]

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

balance 9002.75 as of 31/12/09.....interest 2801.95.....so total 11994.70 with court fee....

the woman i spoke to earlier this week regards the consent order - mentioned small claims track

[HB10]

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

this hearing will be for the defence filing date? or will it go into more detail?

[mystery1]

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

Wrong thread
M1

[HB10]

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

Since it was decided that they sent the wrong agreement, which you say they admitted, then it's for everything. The normal track for this amount is fast track. This makes your application easier as there is no possibility they can argue 31.1.4 doesn't apply due to the claims track.



So you are applying for disclosure by a certain date, usually the court decides, but 14 days for them and 28 for you is what i'd ask for. If they fail the claim is struck out. You want your costs regardless. Application fee, phone call 8/9p per minute printing costs and £18 per hour preparation.


Best thing to do is present your argument here as to why you need the documents, why they should provide them etc and we'll see how far off you are. Cite case(s) and rules too. Think of it as practice. I'll be around most of today and tomorrow but i work again Friday

M1

Im confused - 'sent wrong agreement which they admitted' - im not sure what this is in reference to.

disclosure for certain date - i applied for unless order and the date for disclosure passed...hence they sent the docs recently just 14 days before the hearing.

[HB10]

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

Wrong thread
M1

phew

[mystery1]

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

Sorry i mixed you up with someone else.



So yes you are going to argue you had no choice but to make an application for disclosure as you put in WS1. When the claimant came up with the documents, long after your application was filed (were the claimant aware that you had filed it ?), you spoke to the claimant to try and consent to an order changing the application to one of seeking a new defence filing timetable and the costs of both applications as it was down to their unreasonable behaviour. They refused. WS2.

It was correct for you to make the original application because the rules said you could apply for inspection which they failed to allow for within the 7 days set out in the rules. The claimant tried to make up their own rules. The cprs and Expandable Ltd & Anor v Rubin [2008] EWCA Civ 59 (11 February 2008) make it clear that you were entitled to inspect them and that the claimant was plainly wrong. The claimant producing them so late, were clearly out of time allowed for within the rules has now produced them so ultimately that part of your original application has been a success but as the extended deadline for filing your defence has expired and had expired long before the claimant allowed inspection you still need the court to order a new date for filing a defence.

You also want all costs including £18 per hour.

M1

[HB10]

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

Thanks M1 for the above...

Im making notes on dates and info as per above and other infor i have from a pdf compiled on this forum (legal issues compilation 1)

is there anything else i need to know or your guidelines for friday

court rules?

also am i likely to be asked direct questions by the judge - ie 'are you aware of this debt?' as in the AoS the whole claim was denied.

thanks

[mystery1]

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

They might ask questions but really it's not about the debt it's about procedure.

It's a quick hearing too. Do not lie in court, not that you said you would, be it's worth restating.

Why did you want the documents ? Because i didn't retain my own and the rules say that's how to get sight of them.

M1

[HB10]

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

if a direct question gets asked....are you aware of this debt? or you know you have this debt?