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

[HB10]

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

whats the situation with this now? the judge asked for statement of last payment at the hearing - they can not comply to the order.....this was the single point the judge focused on

[HB10]

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

Does anything at all show on your credit file btw ?

there is a default under Aktiv kapital - 31 dec 2009.

[FlamingParrot]

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

I find it very strange that MBNA would have issued a DN 3 years after defaulting! :noidea: Recording a default on your credit file years late is not that unusual, even then, this usually happens either when you were on a DMP or some sort of payment arrangement or when the debt gets sold on and the debt purchaser records a fresh default. But issuing a DN 3 years later is very unusual. MBNA issued a DN a couple of months or so after I stopped paying.

As far as the limitation period is concerned, it would be 6 years from the cause of action.:clock: With a credit card, you are supposed to pay at least the minimum payment amount at a certain date every month. MBNA would have no CoA right after the last payment since they would have no way of knowing no further payments would be made, but they would a few days (or weeks at the most), later. It would be different if this was an overdraft where the bank can wait months or even years before recalling it. :confused2: :confused2:

[Amethyst]

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

Can't see the terms attached to this thread.

But generaly MBNA terms include ' the minimum payment you MUST pay by the DUE date shown on your statement ' - which is both a ''repay the debt conditional on a demand for repayment made by or on behalf of the creditor '' AND '' repayment of the debt on or before a fixed or determinable date ''

[Amethyst]

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

And I'm pretty sure

(2)This section applies to any contract of loan which—

(a)does not provide for repayment of the debt on or before a fixed or determinable date; and
(b)does not effectively (whether or not it purports to do so) make the obligation to repay the debt conditional on a demand for repayment made by or on behalf of the creditor or on any other matter;

doesn't mean a credit card...just looking for the terms but I'm pretty certain you were bound to pay by certain dates and if you missed payments then on demand, hence the default notice.

[Amethyst]

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

They are arguing they don't need to because the limitations act says time barring runs from default notice as opposed to last payment.

They appear to have defaulted the account 3 years after the last payment.

[Amethyst]

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

Does anything at all show on your credit file btw ?

[wales01man]

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

Do I read this right? The Judge orders the Claimant to produce proof of Last payment they do no provide this? So to a mere ignoramus like me they have not done what was ordered Claim dismissed or have I miss read the whole case?

[Amethyst]

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

Limitation Act

6 Special time limit for actions in respect of certain loans.

(1)Subject to subsection (3) below, section 5 of this Act shall not bar the right of action on a contract of loan to which this section applies.

(2)This section applies to any contract of loan which—

(a)does not provide for repayment of the debt on or before a fixed or determinable date; and

(b)does not effectively (whether or not it purports to do so) make the obligation to repay the debt conditional on a demand for repayment made by or on behalf of the creditor or on any other matter;

except where in connection with taking the loan the debtor enters into any collateral obligation to pay the amount of the debt or any part of it (as, for example, by delivering a promissory note as security for the debt) on terms which would exclude the application of this section to the contract of loan if they applied directly to repayment of the debt.

(3)Where a demand in writing for repayment of the debt under a contract of loan to which this section applies is made by or on behalf of the creditor (or, where there are joint creditors, by or on behalf of any one of them) section 5 of this Act shall thereupon apply as if the cause of action to recover the debt had accrued on the date on which the demand was made.

(4)In this section “promissory note” has the same meaning as in the M1Bills of Exchange Act 1882.

Which in my book would be a letter telling you you had missed a payment, not the date that the default was entered on the credit file.

You could also counter it that it was unreasonable to have waited 3 years odd before defaulting you.

I think a response Witness Statement will be in order.

[HB10]

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

Hi all,

Received letter from IND today.

They have lodged the following with the court – witness statement and an exhibit – attached 2 documents

They mention they do not have record of last payment to the account. They also claim notice of default was on 11 Jan 2010 – so the 6 year limitation should be from that date.

During the hearing the judge clearly asked for the statement showing last payment - as Mr …….. has not acknowledged the debt. With the last payment showing been made in dec 2006 – judge said that it seems statute barred.

If the judge has clearly asked for ‘statement’ showing last payment – they can not flog it of with some other docs?

[Amethyst]

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

Okay, well I wouldn't worry, see what, if anything, they come back with, it's only if they did come up with some payment you might need to evidence it wasn;t made (always tricky - but equally if you deny making it they'd have to evidence you DID pay it )

[HB10]

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

Or send a statement with a handy little payment in mid 2008. I guess we shall find out Monday.

HB10 - do you have records of banking going back that far - statements etc - which you could check if they do come up with a random in time payment ?

no records to hand, the account i used to make payments from was closed few years ago...im sure the bank would be able to provide history of that length?

[Amethyst]

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

Or send a statement with a handy little payment in mid 2008. I guess we shall find out Monday.

HB10 - do you have records of banking going back that far - statements etc - which you could check if they do come up with a random in time payment ?

[ncf355]

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

I would not be surprised to see them fold on receipt of that

[HB10]

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

Hi all,

Received letter from court this morning.

It is ordered that

1. The claimant shall file and serve a copy of the statement showing the last payment by the defendant to the accounts by 4pm on 9th May 2014

2. The defendant has permission to file and serve by 4pm on 6th June 2014

3. The claimant shall pay the defendant costs assessed in the sum of £80