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

[HB10]

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

ive emailed regards the mediation....can not get through on the phone number they provided.

[HB10]

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

Hi,

Received email reply from Small Claims -

Thank you for your email.

Your interest in mediation has been noted. If the other party contacts us and is also willing to mediate, you will be contacted by the Small Claims Mediation Team so that an appointment can be scheduled.

Please also continue to prepare for the court hearing in the event that mediation cannot be arranged.


Today would also be the date (5th Nov) Aktiv need to make the £335 payment for the hearing.

[Amethyst]

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

Maybe give the court a call tmw and see if they have, but regardless I'd start prepping your docs and WS . xx

[HB10]

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

Just checked with the courts....they paid it in Oct

[mystery1]

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

Can you post a summary with links to pocs defence etc so i can see where we are please ?

M1

[HB10]

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

Hi M1,

Im away till tomorrow (sunday)....i'll sort the summary on my return.... thanks

[HB10]

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

Hi M1,

im delayed with work today, so will get the summary posted tomorrow morning. Thanks

[HB10]

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

Hi M1,

Here is a brief summary of recent activity -

328 - Summary till 27th July 2014 - dates

355 - Defence sent to court

358 - Court letter - allocation to fast track

365 - questionnaire sent

387 - hearing documents received from court


Documents need to be sent by 17th Nov, hearing is set for 26th Jan 2015.

Thanks

[HB10]

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

hi,

will need to send the docs of to court and aktiv by fri morning.....ie needs to reach them by 17th.

help in preparing the required docs would be much appreciated.... thanks again.

[HB10]

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

hi all,

can anyone help with the preparation of the docs pls...i would need to send by fri morning.... thanks

[mystery1]

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

The documents you need will need should be obvious from your defence and witness statements.

I'd include way more than is probably required e.g. you mention court orders which i'd include but probably aren't reuired as everyone already has them, in theory. Don't want caught short though.


Order of DJ Reed. Defence 2.

Witness statement and default notice as per def. 3.

Order of DJ Davies per def 4.

Witness statement def 5.

s78 request (s) and responses.

Any default notice you had which is not the one above.

ETC.



Essentially if you make a point and have evidence to back it up send the evidence.

M1

[HB10]

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

Thanks M1

would the format be in the same form as previously - ie the way a witness statement was outlined. Can you guide me on this pls....thanks.

[mystery1]

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

Just a cover letter i think.

In the matter of xxxx v yyyyyyyyy in Disneyland court

Please find enclosed the documents the defendant seeks to rely on.

List.

Exhibit 1................
etc.

That's what i'd do.

M1

[HB10]

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

Ive completed the over letter - attached doc – do you think there is anything more to add?

Ive included banks statements that Aktiv sent me, ie last one they have and one with the last payment showing 21^st Dec 2006.

Ive included the s78 request – there was no response to that from them.


Regards the documents sent by Aktiv as per the CPR request –

Notice of assignment –

There is only a letter stating Aktiv brought the interest from Varde Investments – there is no name, date, address or reference.

A doc after this Notice of assignment – ‘Form of exercise notice’ just has date 2012 and mentioned Aktiv and Verde.

Last legal letter before proceedings is dated 29^th Oct 2013 – would I need to include this?

Thanks for the help

[Amethyst]

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

That looks fine to me, does the order not specify you need to submit a witness statement as well ?