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

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.

[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.

[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

[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

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

[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

[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.

[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?

[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

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

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

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.

[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 ?

[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