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

[mystery1]

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

He seemed ok. He said he needs to look into the case as he not familiar with the account!

Fair enough.

He said he has no problem with giving the extension. However he needs to look into the case and see what the situation is and then come to agreement on length of extension.

It's up to 28 days and it's holiday time. Is he thick ?

He said the reason is that aktiv kapital could take much longer in terms of providing the documentation as they themselves may need to go back to the original company.

That's got feck all to do with you. What does he want ? Sympathy ?

He said dont worry i will allow for a sensible time so that you are treated fairly and have enough time to contact the court with the extension.

28 days and you want written confirmation of the DATE so you can fulfil your cpr duties and inform the court. remember this is extra time for YOU TO FILE A DEFENCE and not extra time for them to comply with cpr 31.15.

He is due to get back to me later today or tomorrow morning.

Watch the sneaky barstewards. Keep on top of them. Let them away with nothing.

M1

[HB10]

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

Never got the call back. So will wait till 9.30 tomorrow as thats the other time he gave.

Interestingly a comment he made on the phone - he said that he needs to look into the situation as Aktiv could take long in providing documents, as an example 6 weeks or so etc. The claimant address for Aktiv on the court document is Switzerland.

Surely if Hegarty issued the court doc on behalf of IND they should have the documents in place for them to peruse in the first place?

[mystery1]

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

Never got the call back. So will wait till 9.30 tomorrow as thats the other time he gave.

Interestingly a comment he made on the phone - he said that he needs to look into the situation as Aktiv could take long in providing documents, as an example 6 weeks or so etc. The claimant address for Aktiv on the court document is Switzerland.

Surely if Hegarty issued the court doc on behalf of IND they should have the documents in place for them to peruse in the first place?

There is no legal requirement to have the documents. They can use moneyclaimonline and thus do not have to submit any documents with the claim form.

http://www.justice.gov.uk/courts/pro...pd_part07e#5.1

5.2A The requirement in paragraph 7.3 of Practice Direction 16 for documents to be attached to the particulars of contract claims does not apply to claims started using an online claim form, unless the particulars of claim are served separately in accordance with paragraph 5.2 of this practice direction.


However, we then get to the particulars of claim which are to be verified by a statement of truth. The particulars of claim should detail the claim which simply can't be done without mention of the contract. If they mention the contract and say you broke it's terms, how do they know if they haven't read the terms of the contract ? The debt purchasers certainly can't have prior knowledge of the contract. How then, could they sign the statement of truth with an honest belief in it's truth ? I say they can't. This borders on contempt of court.


The pre action protocols and the over riding objective both encourage exchange of information. If they had sent a letter before action you'd have been within your rights to seek sight of the documents. They would not be in a position to comply.

Then we get to cpr 31.

http://www.justice.gov.uk/courts/pro...s/part31#31.14

Documents referred to in statements of case etc.
31.14
(1) A party may inspect a document mentioned in –
(a) a statement of case;
(b) a witness statement;
(c) a witness summary; or
(d) an affidavit(GL).
(e) Revoked.
(2) Subject to rule 35.10(4), a party may apply for an order for inspection of any document mentioned in an expert's report which has not already been disclosed in the proceedings.
(Rule 35.10(4) makes provision in relation to instructions referred to in an expert’s report)
Back to top
Inspection and copying of documents
31.15 Where a party has a right to inspect a document–
(a) that party must give the party who disclosed the document written notice of his wish to inspect it;
(b) the party who disclosed the document must permit inspection not more than 7 days after the date on which he received the notice; and
(c) that party may request a copy of the document and, if he also undertakes to pay reasonable copying costs, the party who disclosed the document must supply him with a copy not more than 7 days after the date on which he received the request.
(Rule 31.3 and 31.14 deal with the right of a party to inspect a document)




They have disclosed (mentioned) the documents in the statement of case. The rules say they have 7 days to allow inspection once you asked. The fact they can't comply, whose fault is that ? Not yours, theirs.


Make them work for their money. As you can clearly see by their actions so far, they won't make things easy for you. (unwittingly they actually might be but they haven't worked that out yet. Hopefully they will when we've done with them)

I think they've dug a hell of a hole for themselves and we're going to use our JCB to make it bigger.

M1

[HB10]

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

Received a callback from the same person today.

He said he has reviewed the case and is happy to extend to 6th Jan 2014. I said it makes no sense to just do 14 days during the holiday period. He replied by saying some times it works better during the quieter period to get the work done. I did say postal and all will be delayed during this period - yet he said 6th Jan 2014 but can review it again closer to the time.

He said he works for IND - in house solicitor and will have Hegarty LLP send the letter. I requested that I would like an email confirmation as the postal delivery would be delayed. He said he will request that from Hegarty but that can take his word and mention his name that the extension has been granted. I will chase up for the email confirmation.

He said they had requested for the documentation on the 6th Dec.

No idea why he did not just give the 28 days. Once i get the email confirmation - do i just email the court of the extension or is there some procedure.

Thanks

[Gorang]

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

As M1 has said previously INSIST on 28 days, don't be fobbed off

Phone back and insist on 28 days NOT 14, as the 28 days is for YOU to get time to compile your defence not for them to find the docs

28 days = 7 days for them to find and 21 days for you to compile your defence

[Gorang]

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

He said he works for IND - in house solicitor and will have Hegarty LLP send the letter.

He is either trying to BS you or he has NO idea what he is talking about as it is the solicitor that HAS to agree to the extension and provide you with a CLEAR email stating they consent to a 28 day extension (EDIT) NOT the claimant

Also INSIST that they include in the email, the expiry date of the 28 extension


DON'T let them fob you off

[Gorang]

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

If they get awkward then tell them that if they don't agree to the 28 day extension then you will be left with little choice other than making an application for a unless order for them to comply or their claim be struck out

That should get their attention and show them that you know a bit about what you are talking about


Also keep a transcript of each phone call and get them to confirm (via email) what was said as this will show the judge how awkward they are being with your basic requests

[HB10]

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

Thanks Gordon

Trying calling back - but told he in meeting now! though he was able to send message back saying that he has instructed Hegarty to do the letter. He did say that Hegarty being the solicitors will issue the letter and not him.

Will push for extension with calls

[mystery1]

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

Honestly, it makes zero sense. However they can do what they want. You have a right to ask but they are not duty bound to give 28 days. This could help you get an unless order if required. Make sure you email them with the details of the call for evidence.

As soon as you get it forward it to the court and add your note about how you've agreed per cpr 15.5 with the name of both parties and the case number etc.

After that you need to hassle them about when they'll comply. I would also get to work on the unless order because time is short.

M1

[HB10]

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

ive tried calling twice now - left message for call back....once in meeting, another time on another call

ive been emailing them details of each of the calls ive been making to them

now im waiting for their email regards the extension - though will try still pushing for 28 days

do i need to do the unless order now as they have only agreed to 14 days? can you help me on that please.

thanks

[mystery1]

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

From about post 40 or so on http://www.legalbeagles.info/forums/...highlight=zhan

Any questions or if you want to check your just ask. I am working next 3 days so won't be around much.

You should also phone Northampton and find out opening hours from now until holidays end.

M1

[HB10]

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

when i sent email for my AoS - i had an auto email back showing the holiday timings.

Please note our office will be closing at 4pm on 24th December and will re open on Monday 30th

We will also be closing at 4pm on 31st December and will re open on 2nd January

[mystery1]

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

That's good. Gives more time than i thought to apply for an unless order, if needed.

M1

[HB10]

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

sorry to bother - quick question....ive tried couple of time this morning to get hold of that guy who gave 14 day extension...trying to contact him again but no luck...should i be logging them calls as well....i have made notes but not emailed these calls to them yet.

[mystery1]

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

Everything.

M1