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

[FlamingParrot]

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

They have sent me the agreement, default notice and assignment – I will scan them through in the morning – not at home currently.

Having checked the credit file (Experian) – there is Aktiv kapital on there - default 31/12/2009 – there is no mention of MBNA.

That would be because when a debt is assigned, the record is updated to reflect the new owner. Some debt purchasers are very naughty and record a fresh default, I've just posted on a thread where they've done just that! :rant: http://www.legalbeagles.info/forums/...068#post454068

Any idea when the debt was assigned to AK? If it's roughly at around that time, then that could explain it, otherwise the default date would appear to coincide with the date when they allege you made a payment of £203, :ohwell: i.e. that would have been your last payment and were defaulted a couple of months later.

[HB10]

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

On the rest of the case, did they give you the agreement, default notice and assignment ok?

If the debt was defaulted in December 2010 as they say then it would appear on your credit file. Are you certain it does not?

They have sent me the agreement, default notice and assignment – I will scan them through in the morning – not at home currently.

Having checked the credit file (Experian) – there is Aktiv kapital on there - default 31/12/2009 – there is no mention of MBNA.

[Amethyst]

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

On the rest of the case, did they give you the agreement, default notice and assignment ok?

If the debt was defaulted in December 2010 as they say then it would appear on your credit file. Are you certain it does not?

[HB10]

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

Thanks M1,

A question on what you wrote - the court would take that no payment in last 6 years. Going by what the judge and the claimants rep were mentioning that the default would possibly satisfy as default is auto from their system - that was my understanding...or i could be wrong?

can you guide me for the defence please, helpful links and how to go about putting the defence together.... thanks

[mystery1]

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

The order posted tells you that if they do not comply with the order to supply the statement then a statute barred defence will win as the court will accept that no payment has been made in the last 6 years as far as the court is concerned.

You need to enter a defence on this basis.

You could phone them and ask if they'll discontinue to save n costs.

M1

[HB10]

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

Thanks Amethyst,

Im not to sure what to do, defence is due by 28th july.

The 1st judge who ordered for the statement was pretty strong towards them to provide the last payment statement.

The judge in the 2nd hearing - took a more relaxed view - she said yeah its written in the order - black and white and she kept asking me if i needed the last payment statement for my defence.

The judge also was okay with the fact that the default is usually automatic via their system so last payment wouldnt have been more then 6 years before - that was my understand anyway.

but they have showed no proof? can they rely on just the default notice date? and by stating that MBNA have confirmed last payment on such a date?

would appreciate any help....

[Amethyst]

In their first witness statement they said they did not hold any evidence of last payment and they are relying of the default notice date

http://www.legalbeagles.info/forums/...0&d=1399564275


''However the last payment has been confirmed by the original creditor....' - so where's the statement or letter from the OC confirming ? The judge asked for a statement showing the last payment. Twice.

Do you want to respond with a witness statement saying you do not believe you made the payment, have checked your records and can't find anything, unable to check further without more detail as to the payment method etc ?

This is what the judge ordered compliance with.



He deemed their witness statement wasn't good enough before so not sure why he would now. If MBNA confirmed it to claimants, how much effort would it be really to print off their record for giving to the court?

If it had defaulted in Dec 2010 - then it would show on your credit file.

[HB10]

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

The crucial question is, did you make that payment of £203 on Sept 30th 2009 to MBNA? That's a rather substantial amount and not a CCA or SAR fee that could have been credited to the account. :confused2:

I really can not remember or have any evidence of the payment. The bank account I had at the time is not the one i use now, so no statements from that period.

Looking at what the judge said in the hearing - she seemed okay with the rep's explanation that the default would not be after 3 years etc and the systems would do auto default after non payment. Though I did argue that they are saying this without any statement proof.

[ironman]

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

I am a bit confused

The order stated confirmation as to when a payment was made

How can IND simply state this has been confirmed by the original creditor MBNA with no supporting paperwork either from IND, or MBNA

[FlamingParrot]

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

i am attaching the order that was sent on 3 july 2014 and also the response by aktiv to the order.

can you please help me with the next steps...not sure what direction to take. thanks

The crucial question is, did you make that payment of £203 on Sept 30th 2009 to MBNA? That's a rather substantial amount and not a CCA or SAR fee that could have been credited to the account. :confused2:

[HB10]

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

hi all,

hope everyone is well. sorry for the delay in replying - have been away on work and now have to deal with this.

i am attaching the order that was sent on 3 july 2014 and also the response by aktiv to the order.

can you please help me with the next steps...not sure what direction to take. thanks

[Amethyst]

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

Default date: 31/12/2009

[HB10]

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

Thanks all,

Just a quick brief - I have to go away for couple of days work, but will give full details on return.

- The strike out was not granted
- They have to produce statement by 14th July - otherwise the 2006 dec can be considered as last payment
- They are relying on default notice as 6 years limitation - seemed like judge was fine with that as its a credit card etc
- I have to file defence by 28th July
- Their representative seemed very gd and knew her stuff - well she spoke well. I was lost a little.

Anyway will update in more detail in next couple of days.

[ironman]

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

So do i, i am just behind you as to these unless orders. This thread has been a goldmine for correct procedure and pit falls. The advice given is invaluable as a source of reference.

Fingers crossed for you

[MIKE770]

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

Hope nall is well