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

[Amethyst]

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

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

just for ref

total 11994.70 with court fee..

[Amethyst]

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

Can you pop up the agreement, default notice and assignment pls

Also you mentioned statements from MBNA 2006 and 2013 - were they transaction lists with all payments listed between those years or just the Jan 2007 statement showing the Dec 06 payment then nothing ?

Credit file says default 31/12/2009 by Aktiv Kapital
Assigned to Activ Kapital on 29/2/2012
Default Notice sent on 11 January 2010 - isn't that meant to be before the default?

Is the DN copy you have dated 11/01/2010 ????????



Just notes
I believe the claim to be stat barred
last payment in my records is Dec 2006
Claimant ordered on XXXXXXXXXX by DJ X to produce statement of account showing payment within six years by XXXXXX
Then ordered again on XXXXXXXXXX by DJ X to comply with order of XXXXXXXXXXX
Claimant has not complied with order
Payment of £203 etc is denied No details as to payment method given to enable me to check my records
Default claimed to be on 31st December 2009
Credit file says default 31/12/2009 by Aktiv Kapital
Assigned to Activ Kapital on 29/2/2012
Default Notice sent on 11 January 2010

[HB10]

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

thanks amethyst and m1

whats the best route? SB defence or summary judgement, can you guide me pls. thanks

[mystery1]

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

The order gives the consequences and that is that the last payment is deemed at least 6 years ago. Nothing to strike out on IMO.

A SB defence or summary judgement i'd say.

M1

[Amethyst]

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

Ok so are we filing a defence rather than applying to the court again to strike out due to non compliance ?

[HB10]

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

Called aktiv this morning - the woman handling has left the company....passed me to another solicitor - she just said - we have filled our witness statement now and it not for me to say if you file your defence or not, i did mention the orders to provide statements, but she just repeated herself.

[mystery1]

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

As you haven't met the court order of xxx the court will assume the claim is statute barred as per #2 of the court order dated xxxx. Would you like to discontinue or should i enter a defence and continue to rack up costs which you will have to pay ?

Simple as that.

Should they infer that it'll be small claims then refer them to cpr 27.14 2 g

M1

[HB10]

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

I will make the call to them 1st thing tomorrow - anything in particular i should be mentioning? thanks

[mystery1]

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

Well if the judge saying produce it or it's statute barred isn't enough incentive i don't see why a phone call makes a difference. In fact should they somehow turn it around it makes them look worse and potentially hurts them in costs.

M1

[HB10]

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

Is it not in my favour that they have no provided the statement - if i contact them now (after they have already given their reply) - they may start digging up a statement?

[Amethyst]

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

How can MBNA have confirmed to them the last payment without giving them a statement, how much effort would it take to print the MBNA screen out and give that to the court, that is all they need. Be ridiculous for the court not to realise just how simple that would be to do and that there must be a reason for them not just doing so.

[Amethyst]

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

Unless the court changes it's mind it's statute barred.

Phone them up !!!!!!!!!!!

M1

nice arrows

[mystery1]

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

No because even a small chance of them seeing sense is worth a phone call. Even if you don't get a discontinuance you may get some info that helps. An offer to let them off of costs might tip it your way.

M1

[HB10]

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

Unless the court changes it's mind it's statute barred.

Phone them up !!!!!!!!!!!

M1

Should I just do the defence regards this then M1? as they have not provided and they do not have. Even when the judge asked at the hearing - the rep said from er discussion regards the initial order to supply - they do not have the statement showing last payment.

THey have always been rather arrogant and rude - i doubt they would withdraw at this stage? Do you think best to just file defence without contacting them?

[mystery1]

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



Unless the court changes it's mind it's statute barred.

Phone them up !!!!!!!!!!!

M1