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

[HB10]

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

On the witness statement they say they have attached documents ALH1, ALH2, ALH3 (agreement, terms etc)

Did they ?

Hi Amethyst,

Yes they have included all the documents.

[Amethyst]

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

Hi M1 and others,


I've received docs from IND - they sent them 8th, received 9th or 10th. Day after they sent another letter mentioning change of solicitor. The hearing is for the 25th.


I am attaching the letters they sent. Would appreciate help on next steps.


Thanks again.

On the witness statement they say they have attached documents ALH1, ALH2, ALH3 (agreement, terms etc)

Did they ?

[HB10]

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

Hi M1 and others,


I've received docs from IND - they sent them 8th, received 9th or 10th. Day after they sent another letter mentioning change of solicitor. The hearing is for the 25th.


I am attaching the letters they sent. Would appreciate help on next steps.


Thanks again.

[mystery1]

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

The hearing is when the court say it is. The date here is unfortunate as it gives them time to comply but as they hadn't complied before the hearing was asked for then they will be liable for costs of this if they comply in the meantime.

However on the flip side if they still haven't complied by then a judge is going to be seriously unimpressed and the application should be a simple rubber stamp job, in theory.


HB10, in prep for the hearing you need to learn why the judge should grant your application. So study the relevant rules, the case you quoted and http://civillitigationbrief.wordpres...ll-case-watch/

M1

[jefstudent]

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

HI,

Thanks for the update. I thought when you submit N244 order giving claimant 14 days to disclose all relevant case documents. the hearing should be straight after the 14 days expire or a bit later but I might be wrong thinking that way.

25th April is a long way from 21st Jan;14.

[HB10]

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

Hi, ive attached the document received. pls let me know if you are able to open the attachment. thanks

[mystery1]

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

Has the judge added any orders or just that there is a hearing ?

M1

[HB10]

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

Hi all, sorry for the delay in reply - have been away on work.

Received Hearing date last week. The date is set for 25th April 2014 - 45min.

The docs i received - front page with the info of hearing

- my application notice n244
- my draft order for directions
- my witness statement
- exhibit 1 - which is the CPR 31.14 request
- exhibit 2 - postal evidence

(i had sent other exhibits of communication etc but they are not attached.

Is there anything i need to do at this stage? thanks in advance.

HB

[jefstudent]

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

HI HB10,

Hope you well. just wondering as no updates from your side at all.
Please keep us updated with any news.

thanks

[HB10]

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

hi,

no updates - waiting for hearing date.

tomorrow would be the final day if hegarty had granted 28 days extension for the defence -(though thats what they said when the initial 14 days was about to expire). heard nothing from them - hence nothing has been sent regards the requested documents.

[jefstudent]

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

hi,

Just wondering any updates from HB10 please.

Thanks

[toomanycalls]

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

I dont know if I can help but in exactly the same situation obviously AKTIV have bought the debt at a very low price the document from Northampton has a Swiss Adress on and A solicitors address Hegarty when you ring Hegarty its IND not lawyers debt recovery.

I made a SAR request to AKTIV uk address Bromley recorded delivery and put in my defence to avoid a CCJ by default as tet some computer produce statements a credit agreement cant read the date on it and regard to a 2nd MBNA credit card no credit agreement now waited ten weeks still nothing.

Aktiv changed solicitor from Hegarty to IND but IND are not lawyers now pursuing through the small claims been reallocated to a local court , at present IND are proceeding with no credit agreement no copy noitce of assigment no default notice awaiting the hearing date.

I have also asked under disclosure for confirmation of who owns the alleged debt and what they paid for it surely a judge cannot without admission enforce a debt with no credit agreement

IND are giving the impression lawyers but they are chancers buying debt at minimum price then trying to get a CCJ by default the one thing that concerns me is why pursue pay court fees if little chance of recovering the funds, simply waiting of the hearing date - any comments appreciated all these cases seem to have the same procedure

I'm in the same boat too. IND and Heggarty are one and the same, same offices etc.

You need to push for disclosure, a draught order at AQ stage is probably your best bet if you have already entered a defence. I've also s78 to Aktiv at Bromley.

There are many chancer DCA's that do this kind of thing, its just a numbers game to them I'm sure.

[cashbook]

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

I dont know if I can help but in exactly the same situation obviously AKTIV have bought the debt at a very low price the document from Northampton has a Swiss Adress on and A solicitors address Hegarty when you ring Hegarty its IND not lawyers debt recovery.

I made a SAR request to AKTIV uk address Bromley recorded delivery and put in my defence to avoid a CCJ by default as tet some computer produce statements a credit agreement cant read the date on it and regard to a 2nd MBNA credit card no credit agreement now waited ten weeks still nothing.

Aktiv changed solicitor from Hegarty to IND but IND are not lawyers now pursuing through the small claims been reallocated to a local court , at present IND are proceeding with no credit agreement no copy noitce of assigment no default notice awaiting the hearing date.

I have also asked under disclosure for confirmation of who owns the alleged debt and what they paid for it surely a judge cannot without admission enforce a debt with no credit agreement

IND are giving the impression lawyers but they are chancers buying debt at minimum price then trying to get a CCJ by default the one thing that concerns me is why pursue pay court fees if little chance of recovering the funds, simply waiting of the hearing date - any comments appreciated all these cases seem to have the same procedure

[HB10]

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

thanks m1

jefstudent - not received the date for the hearing yet.

fee - as above £80...paid over phone first - then given a payment ref. - the application was then emailed.

few points from a helpful person on phone at ccbc

- make payment first then email docs to the ccbc-defendants email address. (or can post the documents)
- max size of email is 5MB
- be careful if sending a zip folder with all your docs - some people at the receiving end could have limited IT knowledge (i attached each doc)
- in subject line of email, start with 'Defence' - emails are dealt with immediately this way, otherwise could be treated as general correspondence

[mystery1]

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

Hi all...,

quick question - when i applied for the order to the court, did i need to send anything to Hegarty LLP?

Don't think so. Part 23 of the cprs deals with applications.

M1