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

[HB10]

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

attached is aktiv's reply

- aktiv questionnaire reply (6 pages)

- draft directions

[MIKE770]

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

did not know Aktiv Kapital was a human with wet signature on court form???

[Amethyst]

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

Yip, D2 and J has been completed by Activ Kapital as well Can pretty much copy what they put, and the directions are pretty standard and ask for small claims as well.

[HB10]

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

Yip, D2 and J has been completed by Activ Kapital as well Can pretty much copy what they put, and the directions are pretty standard and ask for small claims as well.

copy all as per aktiv - ie the ticked boxes etc?

would i need to include a draft directions or just the questionnaire?

[HB10]

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

Hi,

Ive filled in some parts of the questionnaire - but need some help. Not sure on the following points -

A:

1. Given that the rules require you to try to settle the claim before the hearing, do you want to attempt to settle at this stage?
2. If Yes, do you want a one month stay?

(aktiv have answered yes to both)


D1. Applications

Have you made any application(s) in this claim?

(does this mean the applications for extension for filing and hearings etc)

D2: Track - is the wording ok in this section?

G:

How long do you estimate the trial or final hearing will take?


J – not sure what to write in this section

Do i need to do a Draft Directions?

many thanks for the help

[HB10]

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

can anyone help pls..... i need to submit tomorrow

[MIKE770]

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

admin alerted

[Amethyst]

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

You're fine just agreeing with their directions as they were pretty standard.


A:

Do you want to settle or negotiate with Activ ? If you say No then you will have to give a reason why not. Reason would be that you still do not have any relevant documents from the claimant.


D1. I believe the N181 'any applications' is for any applications that have not been dealt with so tick no.


D2: Absolutely fine

G: 2 hours

J – No

I'd just put the first line that Activ have put in theirs - you don't need to write it all in.

[HB10]

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

You're fine just agreeing with their directions as they were pretty standard.


A:

Do you want to settle or negotiate with Activ ? If you say No then you will have to give a reason why not. Reason would be that you still do not have any relevant documents from the claimant.


D1. I believe the N181 'any applications' is for any applications that have not been dealt with so tick no.


D2: Absolutely fine

G: 2 hours

J – No

I'd just put the first line that Activ have put in theirs - you don't need to write it all in.

Thanks for your immediate help. Sorry to bother again but just wanted to ask -

Part A: If i answer No (do i want to settle or negotiate) - you mentioned that i still do not have any relevant documents - but this is what the judge asked at one stage if i have all now - obviously the statement was never produced.

J - did you mean no to a draft directions?

I have filled the J box with one line - as per attached....so i would just need to send this questioonaire and no additional draft direction?

Unable to attach but in box J i have written

The Defendant would ask that the claim be admitted to the Small Claims Track.


thanks again

[HB10]

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

admin alerted

Hi MIKE770,

any chance of making another admin alert pls. thanks

[Amethyst]

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

Your defence is still that the debt is statute barred isn't it - as they haven't produced the statement - only their witness statement, so really there is nothing to negotiate until they produce that statement as ordered. Obviously up to you - I don't think putting Yes will have any detrimental affect on your case either.

No draft directions needed, and yes the wording for the box at J is fine xx

[HB10]

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

Your defence is still that the debt is statute barred isn't it - as they haven't produced the statement - only their witness statement, so really there is nothing to negotiate until they produce that statement as ordered. Obviously up to you - I don't think putting Yes will have any detrimental affect on your case either.

No draft directions needed, and yes the wording for the box at J is fine xx

Thanks again Amethyst..

so would this wording be fine for that section - i will answer No.

Defendant still does not have any relevant documents from the claimant.

or do i need to specify the statement.

thanks

[Amethyst]

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

The statement is the sticking point, so maybe

The Claimant has failed to provide the statement as ordered by DJ X and until such time as the Claimant complies with that order I am unable to negotiate as the debt is Statute Barred.

???


btw you can always pm me or M1 if you don't get an answer for a while, M1 might have a better idea for the wording of that actually so maybe worth sending him a message to have a look.

[HB10]

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

Hi Amethyst,

Thanks for your help. M1 does not have the option to send him a private message.

little confused as to what wording to use for this part.

[Amethyst]

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

I've asked him to take a look I'm inclined to leave it to the directions Activ have put but on the other hand we might want to mention the order rather than have bog standard disclosure (if it doesn't go to small claims) I'd like to see what M1 reckons xx