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

[Kafka]

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

The Notice of Assignment is just a daft template. That is not evidence that a compliant NoA was sent to you as required under the Law of Property Act 1925.

I've just looked back to the start of this long thread and seen the POC in post #1 that includes this:
Notic of Assignment was provided to the Defendant by Claimant in writing

If you made a formal request for relevant documentation and they haven't provided this copy that they claim then that needs to be a major feature of the defence. A template will not suffice as evidence that a NoA was sent.

[HB10]

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

hi,

Can you please guide me in preparing the defence - has to be submitted by Monday 4.00pm.... thinking I will just go there and hand it in, as its just 20mins from me....gives 4 days or so to prepare it. Thanks in advance

[Kafka]

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

The Notice of Assignment is just a daft template. That is not evidence that a compliant NoA was sent to you as required under the Law of Property Act 1925.

[Amethyst]

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

Interest rates and default charges and first set of terms match up.

[HB10]

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

Okay does that have the same terms plus the missing ones in a clearer format ? Can you compare the duplicated terms (interest rates etc) that they are the same?

I have attached the terms and conditions - seems clearer although hard to compare rates as the first terms and condition sheet is so small

[Amethyst]

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

Thanks for the reply.

But in the order, its stating that if there is no statement to show otherwise then the last payment would be considered to have been made at least 6 years ago.

Indeed, but best to have ALL the arguments together JUST in case they come up with this statement showing this payment.

[Amethyst]

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

Sorry, they have also included a longer version afterwards.

Okay does that have the same terms plus the missing ones in a clearer format ? Can you compare the duplicated terms (interest rates etc) that they are the same?

[Amethyst]

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

Plus the statement from dec 2009 shows the payment due date isn't until 5th January 2010, so the date of default in their witness statement cannot be right.

http://www.legalbeagles.info/forums/...8&d=1406132474

[HB10]

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

The agreement and terms and conditions appear to be incomplete.

The terms refer to clause 3.5 and 3.6 which does not appear.

Sorry, they have also included a longer version afterwards.

[Amethyst]

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

The agreement and terms and conditions appear to be incomplete.

The terms refer to clause 3.5 and 3.6 which does not appear.

[HB10]

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

http://www.legalbeagles.info/forums/...6&d=1406132451

Well they can't have defaulted you until the 28th January 2010 for starters.

Doesn't help the stat barred argument but shows that date of default is wrong, OR, the default notice is wrong.

Thanks for the reply.

But in the order, its stating that if there is no statement to show otherwise then the last payment would be considered to have been made at least 6 years ago.

[Amethyst]

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

http://www.legalbeagles.info/forums/...6&d=1406132451

Well they can't have defaulted you until the 28th January 2010 for starters.

Doesn't help the stat barred argument but shows that date of default is wrong, OR, the default notice is wrong.

[HB10]

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

I have attached the documents.

- there are only 2 statements jan 2007 and dec 2009…the 2007 statement shows the last payment (which the judge said would take if no further statement) – active have only provided these 2 statements.

- yes double check the credit file – default date showing is 31/12/2009

- default notice is dated 11/01/2010

- I have attached schedule 2 and 3

- deed of assignment states that The Notice of assigment is attacged at schedule 3 – there is nothing. Just schedule 4 showing ‘form of notice of assignment! (The black outs is not from)

- regards the Notice of assignment I did mention it to the rep during the 1^st hearing – and she just said a copy is fine – this is after she called aktiv. The judge had asked me if I required any more docs and I did point out that the notice of assignement is just a copy with no name or reference – to which the rep said she will mention to aktiv.

[HB10]

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

attached on this message

- terms and conditions
- schedule 2
- schedule 3
- notice of assignment

[HB10]

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

attached on this message:

- agreement
- default notice
- 2009 statement page 1
- 2009 statement page 2
- 2007 statement