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 all,

Been away on work last few days.

Would appreciate help on the next steps.

M1 you mentioned the terms of the order - anything to gauge from that?

[mystery1]

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

To be honest i'm struggling a bit here.

They have failed to do what they were ordered to do but no sanction was mentioned. Normally an application for an unless order would be the way to go. The problem is that the default notice shows me that the debt isn't statute barred. Had you not paid for 3 years the arrears would be much larger.

So you could apply to reinforce what the judge said or you could try to defend or settle.

It's tricky.

As for the witness statement, she clearly doesn't know much because the rules she is speaking about don't apply unless it's a trial.

Is the supplied default notice something you take issue with or does it have an element of truth to it ?

M1

[mystery1]

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

Having thought more about it, i might be inclined to utilise cpr 31.21
Consequence of failure to disclose documents or permit inspection

31.21 A party may not rely on any document which he fails to disclose or in respect of which he fails to permit inspection unless the court gives permission.

I would probably suggest a 2nd application and invite the judge to consider 31.21.

M1

[Guest]

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

Having thought more about it, i might be inclined to utilise cpr 31.21
Consequence of failure to disclose documents or permit inspection

31.21 A party may not rely on any document which he fails to disclose or in respect of which he fails to permit inspection unless the court gives permission.

I would probably suggest a 2nd application and invite the judge to consider 31.21.

M1

There is the last bit of the sentence which is the worry, "unless the court gives permission".

[HB10]

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

hi,

what steps could i take now? i was under the impression that the judge clearly asked for the statement showing last statement otherwise he himself said 'mr ......' has not acknowledged the debt

[mystery1]

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

You could make an application to the court asking for them to comply with the judges order.

M1

[HB10]

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

You could make an application to the court asking for them to comply with the judges order.

M1

Thanks M1

Can you help me with the procedure for such an application pls. Thanks again

[mystery1]

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

It's the same procedure you used the last time just different words.

http://www.legalbeagles.info/forums/...ic-information 3 & 4

3: What order are you asking the court to make and why?

An order (a draft of which is attached)that the Claimant shall provide the Defendant with copies of the documents listed in the draft order, pursuant to Judges x order dated xxxx within 7 days of the date of the order.

In default of the above the Claim stands struck out without further order.

In the event the Claimant complies with the above paragraph then the Defendant shall file and serve his Defence by 4pm on ................................... 2014 (not less than 21 days from the date of compliance)

The Claimant shall pay the Defendants costs in this application.



Obviously the witness statement just explains what was ordered and the follow up etc.

M1

[HB10]

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

Hi all,

I have completed the docs, just want to make sure all is correct - few missing parts that I need to add....will post below

[HB10]

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

Form:

Hearing or without hearing? If hearing how long?


(3) what order are you asking the court and why?

An order (a draft of which is attached) that the Claimant shall provide the Defendant with copies of the documents listed in the draft order, pursuant to Judge Reed’s order dated 25 April 2014 within 7 days of the date of the order.

In default of the above the Claim stands struck out without further order.

In the event the Claimant complies with the above paragraph then the Defendant shall file and serve his Defence by 4pm on ................................... 2014 (not less than 21 days from the date of compliance)

The Claimant shall pay the Defendants costs in this application.

(4) Have you attached a draft of the order you are applying for?


Draft attached

(5) How do you want to have this application to be dealt with?


??

(6)How long do you think the hearing will last?

??

(7) Give details of any fixed trial date or period

(8) What level of Judge does your hearing need?

District.

(9) Who should be served with this application?


Aktiv Kapital

(10) What information will you be relying on, in support of your application ?


Witness statement

[HB10]

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

Draft:

What date to put for defence filing?

Date: 02/06/2014

In the: Northampton (CCBC) County Court

Claim Number:


Between:

AKTIV KAPITAL PORTFOLIO AS ZUG (Claimant)

-And-

MR …………………. (Defendant)



Draft Order for Directions

The Claimant shall within 7 days of service of this order send to the Defendant and to the Court:

• Copy of the statement showing the last payment by the defendant to the accounts.

If the Claimant fails to comply with this order, the claim will be struck out without further order.

In the event the Claimant complies with the above paragraph then the Defendant shall file and serve his Defence by 4pm on ................................... 2014 (not less than 21 days from the date of compliance)

The Claimant shall pay the Defendants costs in this application.

[HB10]

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

Witness statement

- anything more to add?
- do i need to add exhibits of the order and notice of default? (as they were already lodged by aktiv with their witness statement)


Date: 02/06/2014

In the: Northampton (CCBC) County Court

Claim Number:



Between:

AKTIV KAPITAL PORTFOLIO AS ZUG (Claimant)

-And-

MR ……………………… (Defendant)


Witness Statement of:

MR …………………………
_________________________


1. I ….me…… of …………………………………………….. being the Defendant, am a litigant in person in this case.

2. I make this Witness Statement in support of my application for an order (draft of which attached) that the Claimant do provide me with documents pursuant to Judge Reed’s order dated 25^th April 2014.

3. On 25^th April 2014 it was ordered that the claimant shall file and serve a copy of the statement showing the last payment by the defendant to the accounts by 4pm on 9^th May 2014.

4. On 8^th May 2014 I received from the claimant a copy of The Notice of Default but no account statements showing last payment.

5. The Claimant and their legal representative have shown clear disregard to Judge Reed’s order for supplying the relevant documents.

Statement of Truth:

I, Mr ………………………….., the Defendant, believe the facts stated within this Witness Statement to be true.

Signed:

Dated:

[mystery1]

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

Normally i'd say with a hearing.

The hearing should be quick. Say 45 mins.

9. I'd just put claimant.

M1

[mystery1]

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

Draft:

What date to put for defence filing?

Date: 02/06/2014

In the: Northampton (CCBC) County Court

Claim Number:


Between:

AKTIV KAPITAL PORTFOLIO AS ZUG (Claimant)

-And-

MR …………………. (Defendant)



Draft Order for Directions

The Claimant shall within 7 days of service of this order send to the Defendant and to the Court:

• Copy of the statement showing the last payment by the defendant to the accounts.

If the Claimant fails to comply with this order, the claim will be struck out without further order.

In the event the Claimant complies with the above paragraph then the Defendant shall file and serve his Defence by 4pm on ................................... 2014 (not less than 21 days from the date of compliance)

The Claimant shall pay the Defendants costs in this application.

I'd just leave it blank. You won't know when this is heard and the ourt will put it's own date in anyway.

M1

[HB10]

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

Thanks for the above M1, appreciated.

Is the witness statement fine, the wording and questions regards the exhibits. Thanks for your help