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

[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

[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

[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..

[HB10]

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

attached on this message:

- agreement
- default notice
- 2009 statement page 1
- 2009 statement page 2
- 2007 statement

[HB10]

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

attached on this message

- terms and conditions
- schedule 2
- schedule 3
- notice of assignment

[HB10]

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

I have attached the documents.

- there are only 2 statements jan 2007 and dec 2009…the 2007 statement shows the last payment (which the judge said would take if no further statement) – active have only provided these 2 statements.

- yes double check the credit file – default date showing is 31/12/2009

- default notice is dated 11/01/2010

- I have attached schedule 2 and 3

- deed of assignment states that The Notice of assigment is attacged at schedule 3 – there is nothing. Just schedule 4 showing ‘form of notice of assignment! (The black outs is not from)

- regards the Notice of assignment I did mention it to the rep during the 1^st hearing – and she just said a copy is fine – this is after she called aktiv. The judge had asked me if I required any more docs and I did point out that the notice of assignement is just a copy with no name or reference – to which the rep said she will mention to aktiv.

[Amethyst]

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

http://www.legalbeagles.info/forums/...6&d=1406132451

Well they can't have defaulted you until the 28th January 2010 for starters.

Doesn't help the stat barred argument but shows that date of default is wrong, OR, the default notice is wrong.

[HB10]

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

http://www.legalbeagles.info/forums/...6&d=1406132451

Well they can't have defaulted you until the 28th January 2010 for starters.

Doesn't help the stat barred argument but shows that date of default is wrong, OR, the default notice is wrong.

Thanks for the reply.

But in the order, its stating that if there is no statement to show otherwise then the last payment would be considered to have been made at least 6 years ago.

[Amethyst]

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

The agreement and terms and conditions appear to be incomplete.

The terms refer to clause 3.5 and 3.6 which does not appear.

[HB10]

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

The agreement and terms and conditions appear to be incomplete.

The terms refer to clause 3.5 and 3.6 which does not appear.

Sorry, they have also included a longer version afterwards.

[Amethyst]

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

Plus the statement from dec 2009 shows the payment due date isn't until 5th January 2010, so the date of default in their witness statement cannot be right.

http://www.legalbeagles.info/forums/...8&d=1406132474

[Amethyst]

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

Sorry, they have also included a longer version afterwards.

Okay does that have the same terms plus the missing ones in a clearer format ? Can you compare the duplicated terms (interest rates etc) that they are the same?

[Amethyst]

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

Thanks for the reply.

But in the order, its stating that if there is no statement to show otherwise then the last payment would be considered to have been made at least 6 years ago.

Indeed, but best to have ALL the arguments together JUST in case they come up with this statement showing this payment.

[HB10]

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

Okay does that have the same terms plus the missing ones in a clearer format ? Can you compare the duplicated terms (interest rates etc) that they are the same?

I have attached the terms and conditions - seems clearer although hard to compare rates as the first terms and condition sheet is so small

[Amethyst]

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

Interest rates and default charges and first set of terms match up.