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

[Kafka]

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

The Notice of Assignment is just a daft template. That is not evidence that a compliant NoA was sent to you as required under the Law of Property Act 1925.

[HB10]

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

hi,

Can you please guide me in preparing the defence - has to be submitted by Monday 4.00pm.... thinking I will just go there and hand it in, as its just 20mins from me....gives 4 days or so to prepare it. Thanks in advance

[Kafka]

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

The Notice of Assignment is just a daft template. That is not evidence that a compliant NoA was sent to you as required under the Law of Property Act 1925.

I've just looked back to the start of this long thread and seen the POC in post #1 that includes this:
Notic of Assignment was provided to the Defendant by Claimant in writing

If you made a formal request for relevant documentation and they haven't provided this copy that they claim then that needs to be a major feature of the defence. A template will not suffice as evidence that a NoA was sent.

[HB10]

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

I've just looked back to the start of this long thread and seen the POC in post #1 that includes this:
Notic of Assignment was provided to the Defendant by Claimant in writing

If you made a formal request for relevant documentation and they haven't provided this copy that they claim then that needs to be a major feature of the defence. A template will not suffice as evidence that a NoA was sent.

When i went for the first hearing - in discussion with the legal rep before meeting the judge - i mentioned to her that there is no notice of assignment copy. She immediately called IND and her response was that IND can not produce the original - and that template is fine - which i found strange - when i questioned it - she said it would then come down to dispute of quality of evidence.

[mystery1]

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

You have, or had, the notice unless you say you didn't in which case they have to prove it was sent and then you have to persuade the court you didn't get it. They are not obligated to keep a copy.

M1

[HB10]

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

You have, or had, the notice unless you say you didn't in which case they have to prove it was sent and then you have to persuade the court you didn't get it. They are not obligated to keep a copy.

M1

thanks m1

can you guide me pls on preparing the defence. thanks.

[HB10]

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

Hi all,

can someone please guide me sorting the defence. needs to be handed in by 4pm Monday. many thanks

[mystery1]

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

Either tonight or tomorrow

M1

[HB10]

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

Thanks m1....i'll be on it all day tomorrow. Enjoy the weather!

[HB10]

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

Either tonight or tomorrow

M1

Hi m1,

Hope you having a gd weekend. Can you let me know approx time when we can work on the defence, thanks.

[mystery1]

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

As soon as i get peace from family. after 18:30 for sure.

It'll be a basic SB defence but adding in that the court has ruled it's sb. Can you post a brief timeline of the applications and responses ?

I'd also add anything else available such as s78 etc but unless you can recap i'll need to reread the thread to get that

M1

[HB10]

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

As soon as i get peace from family. after 18:30 for sure.

It'll be a basic SB defence but adding in that the court has ruled it's sb. Can you post a brief timeline of the applications and responses ?

I'd also add anything else available such as s78 etc but unless you can recap i'll need to reread the thread to get that

M1

I'll do the brief time line now

[HB10]

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

Timeline

- 20 Nov 2013 – Court claim received
- 7 Dec 2013 – AoS
- 9 Dec 2013 – CPR 31.14 request
- 9 Dec 2013 – s78 request

- 20 Dec 2013 – Claimant agreed to extend filing till 6 Jan 2014
- 3 Jan 2014 – Unless order (n244) to provide docs cpr 31.14
- 21 Jan 2014 – Court letter for hearing 25 Apr 2014
- 9 Apr 2014 - Received documents from claimant that were requested in application on 3 Jan 2014
- 22 Apr 2014 – Witness statement sent by defendant for 1^st hearing

- 25 Apr 2014 - 1st Hearing
- 3 May 2014 – Court order for Claimant to file bank statement by 9 May 2014
- 7 May 2014 – Claimant submits witness statement but no statement
- 2 Jun 2014 – Unless order to provide statement as per judge’s order (3 May)
- 4 Jun 2014 – Court letter for hearing 23 Jun 2014 – application for an unless order

- 23 Jun 2014 - 2nd Hearing
- 3 Jul 2014 – Court letter (General for of judgement or order) – For the claimant to comply with order of 25 Apr 2014 to supply statement by 14 Jul 2014 – Defence by 28 Jul 2014
- 11 Jul 2014 – Claimant submits witness statement – stating last payment – but no bank statement

[HB10]

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

what other parts would be added to the defence?

- Default date 31 dec 2009
- Default notice 11 Jan 2010 (surely this has to be before default date)

- Last letter before legal proceedings - letter from IND on 29 Oct 2013 - states MBNA assigned to Aktiv full amount with effect from 29 Feb 2012. Credit file shows Aktiv Kapital with default date (or would that be the case even if MBNA did the default)

- Amethyst also noted, statement dec 2009 shows payment due date 5th Jan 2010 - so date of default in their withness statement can not be right.

- Notice of assignment - they are not obliged to keep a copy but if its mentioned in PoC so shouldnt they be providing a copy?

[mystery1]

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

http://www.compactlaw.co.uk/free-leg...t.html#Defence

That's how you lay it out.


1. I am xxxx a brain surgeon.

2. On 25/4/14 a disclosure application hearing was held as asked for by the defendant. Judge x 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 9th May 2014".

3. The claimant tried to circumvent Judge x's order by submitting a witness statement and a default notice.

4. The defendant applied again to the court and a hearing was held with Deputy District Judge Davies at Leicester county court. DDJ Davies ordered that "the claimant shall by 4pm on 14th July 2014 comply with paragraph 1 of the order of April 25th 2014. In the event it is not complied with, it will be assessed that the last payment made was at last 6 years ago"

5. The claimant has sent a witness statement again but has not filed a statement as required by the judges order. Consequently the court order is that the last payment is assumed to be at least 6 years ago.

6. The Defendant contends that the debt claimed is statute barred pursuant to the provisions of Section 5 of the Limitation Act 1980. The claim appears to be based on simple contract and an excess of 6 years have elapsed since any cause of action may have accrued. The claim that the Claimant's are entitled to payment of £xxxxx, or any other sum, or relief of any kind, is denied.

7. The defendant sent a request pursuant to section 78 of the consumer credit act 1974. The claimant failed to send a signed statement as they are obliged to do and therefore s78(6) makes any debt unenforceable and the defendant denies any debt is enforceable against him. The documents provided are not easily legible as they must be under the Consumer credit (cancellation notices and copies of documents) regulations 1983.

8. The claimant relies on a default notice which states the provision of the agreement that has been breached is paragraph 8. However paragraph 8 of the copy supplied in relation to the S78 request is about how the original creditor handles debits and credits and there are no duties placed upon the defendant. If the default notice is incorrect then the notice is bad and cannot be relied upon. Harrison v Link Financial Ltd [2011] EWHC B3 (Mercantile) (28 February 2011). If the s78 is incorrect then the S78 copy is not a true copy and S78(6) applies and the account is unenforceable. Carey v HSBC Bank Plc [2009] EWHC 3417 (QB) (23 December 2009).


9. The Claimants attempts at claiming post judgement interest are an attempt at unjust enrichment. The Defendant refers to s74 County Courts Act 1984 and section 2 of the County Courts (Interest on Judgement Debts)Order 1991 as a statutory bar on the Claimants claim to interest.Furthermore no contract entitling the Claimant to post judgement interest has been adduced in evidence and accordingly there is no entitlement to post judgement interest. Interest being owed as claimed is denied.

10. The claimants claim should be dismissed.


I think that's all i see for now but it should be enough.

M1