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 for all the help M1...off to the hearing tomorrow!

[mystery1]

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

Do you owe the money - Well sir i have an outstanding request under s78 of the cca 1974 and as per s78(6) the debt is currently unenforceable.

It's unlikely to come up though

M1

[HB10]

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

The debt is unenforceable as per cca s78(6). However as that is only temporary and can be cured you wish to see at an early stage if they can That's your answer.

M1

Sorry M1 - but im not clear on that answer

[mystery1]

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

The debt is unenforceable as per cca s78(6). However as that is only temporary and can be cured you wish to see at an early stage if they can That's your answer.

M1

[HB10]

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

You are worried over very little here.

Did you send a s78 request an have they replied to that yet ?

If not that's your answer.

M1

Yeah sent request for s78 - the credit agreement was sent with the docs received recently

[mystery1]

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

You are worried over very little here.

Did you send a s78 request an have they replied to that yet ?

If not that's your answer.

M1

[HB10]

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

Hi M1, been going through the points since yesterday... hearing is tomorrow at 11.

wanted to ask again regards something that was touched on yesterday....

ie if a direct question if aware or know you have this debt..... you mentioned, say yes aware, balance wrong etc

would they not counter by asking then why in the AoS im disputing the whole claim and not just partial.....

thanks again

[mystery1]

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

Well expandable v rubin is in your application

http://www.bailii.org/ew/cases/EWCA/Civ/2008/59.html

" If a party thinks it worthwhile to mention a document in his pleadings, witness statements or affidavits, I do not see why, subject as I say to the question of privilege, the court should put difficulties in the way of inspection. I look upon the mention of a document in pleadings etc as a form of disclosure. The document in question has not been disclosed by list, or at any rate not yet, but it has been disclosed by mention in what, for the purposes of litigation, is another important and formal category of documents. If so, then the party deploying that document by its mention should in principle be prepared to be required to permit its inspection, and the other party should be entitled to its inspection. What in such circumstances is the virtue of coyness?"



Mitchell is newish and has many many sub cases since then.

http://www.bailii.org/ew/cases/EWCA/Civ/2013/1537.html

Read 38 to 41.

M1

[HB10]

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

Study the rules 2 hours.
Prepare the application 1 hour.
Study Mitchell, Rubin 1 hour.

Perhaps 4 hours @ £18 per hour plus the application fee printing phone calls postage etc.

M1

are there any summary links to Michell and Rubin info on the forum?

[ncf355]

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

Hmm, well spotted

:-)

[mystery1]

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

Good point although as per 27.1

Scope of this Part
27.1
(1) This Part –
(a) sets out the special procedure for dealing with claims which have been allocated to the small claims track under Part 26


The claim hasn't been allocated yet

M1

[ncf355]

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

Is the total amount claimed above or below £10000 ? It seems the balance was below but i'm thinking the added interest brings the claim above £10000 i.e. above normal small claims track amount ?

M1

Hi Mystery

From CPR 26, it shows that interest should not be considered for the purposes of allocation (I successfully argued this in the past)



Scope of each track

26.6

...............

(2) It is for the court to assess the financial value of a claim and in doing so it will disregard –

(a) any amount not in dispute;

(b) any claim for interest;

[HB10]

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

regards the 'balance being wrong'.....they could counter by asking why i disputed the whole claim in the AoS?

[mystery1]

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

Study the rules 2 hours.
Prepare the application 1 hour.
Study Mitchell, Rubin 1 hour.

Perhaps 4 hours @ £18 per hour plus the application fee printing phone calls postage etc.

M1

[HB10]

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

Thanks just saw your message regards rules...

what would you say is a reasonable amount of time preparation to ask for?