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

[mystery1]

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

So the statement showing around £7500 was in fact not showing the state of account at either date and is a load of pish as far as complying with S78. Just another abject failure.

M1

[HB10]

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

So the statement showing around £7500 was in fact not showing the state of account at either date and is a load of pish as far as complying with S78. Just another abject failure.

M1

They have included statements up to Dec 2009

[mystery1]

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

They have included statements up to Dec 2009

It's the statement of account, which must be a signed statement, for the purposes of s78 that i'm looking at. For this purposes the other statements are meaningless.

M1

[Amethyst]

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

THe signed statement is march 2007..... they have included statements all the way to 2009 - one which does show a payment 30 sep 2009

That's the important one then. Were they all sent together then with the top one signed ? I should think that covers the court order.

[MENTION=5354]mystery1[/MENTION] - these are I think the rest of the cca previously sent - current terms and recons of illegibles.

• terms and conditions.pdf
• 
  tc4.pdf
• 
  tc3.pdf
• 
  tc2.pdf
• 
  tc1.pdf

Need a bit of a regroup then HB.

Check these bits

1) You have the CCA originals
2) You have recon of legible terms
3) You have current terms ( well updated before default)
4) You have signed statement bundle showing last payment of Sept 2009

[HB10]

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

That's the important one then. Were they all sent together then with the top one signed ? I should think that covers the court order.

Check these bits

1) You have the CCA originals
2) You have recon of legible terms
3) You have current terms ( well updated before default)
4) You have signed statement bundle showing last payment of Sept 2009

- Yes the statements were all sent together with the top one signed.

[mystery1]

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

That's the important one then. Were they all sent together then with the top one signed ? I should think that covers the court order.

@mystery1 - these are I think the rest of the cca previously sent - current terms and recons of illegibles.

• terms and conditions.pdf
• 
  tc4.pdf
• 
  tc3.pdf
• 
  tc2.pdf
• 
  tc1.pdf

Need a bit of a regroup then HB.

Check these bits

1) You have the CCA originals
2) You have recon of legible terms
3) You have current terms ( well updated before default)
4) You have signed statement bundle showing last payment of Sept 2009

£20 charges would make that old ones wouldn't it ?

M1

[HB10]

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

a bit confused now on the direction to take....case was primarily based on the initial statements they gave and then they provided the last payment statement after the due date.....

[HB10]

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

how would the Judge view the process?

- initially the cpr reply was few months late

- twice applied for hearing for IND to provide correct information

- case was based on last payment - (statute barred) - as they provided no statement - although kept saying they not relying on last payment

- in the final filing to court - again no evidence of last payment within 6 years.

- statements and reply to s78 delieverd late.

[mystery1]

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

Can you do a timeline please ?

Is this a full hearing ?

You should object to any evidence which has previously been debarred and/or hasn't been adduced in time.

M1

[HB10]

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

Hi M1,

Yes, this is the full hearing.

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

417 - final hearing witness statement sent by me

425 - final hearing docs sent by IND

- 21st Nov 2014 - IND file late docs - ie s78 and statements

[HB10]

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

Please can you also let me know how this hearing would be conducted?

ie questions im likely to face etc.....thanks

im away for 1 1/2hrs... but will be at screens through the day after....

[Amethyst]

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

£20 charges would make that old ones wouldn't it ?

M1

So those are the recons of the illegible cca.

So we are missing current terms I believe - can you just check through your docs HB see if they are there. They will be a set of terms with default charges of £12 as they would be from 2009.

[Amethyst]

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

My personal thoughts (sorry) - M1 may disagree but I'd feel crap if I didn't say what I was thinking and I'm not about much over the rest of the weekend.

I don't think not having the current terms will not be enough to see you through court ( even though it should )

The Statute Barred argument has taken you through this far but they have now managed to kybosh that, yes they were late and they should face the actual sanction specified by the Judge and those documents not be accepted - BUT they will be accepted and the Statute Barred argument will be lost on.

It's in fast track and there is a substantial costs risk if you lost at the hearing.

I would negotiate settlement under a Tomlin. Using the slightly faulty docs and lateness of statements
(ie making out you can use those to win - which you possibly could if you had a really good barrister with you grrrr - and that's not taking anything away from you, you have done amazingly throughout this extended process, it is a sad fact of life in the county court system.)

[HB10]

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

So those are the recons of the illegible cca.

So we are missing current terms I believe - can you just check through your docs HB see if they are there. They will be a set of terms with default charges of £12 as they would be from 2009.

These are the only terms they have provided, nothing current.

The 2009 statements show £12 late default charge

[HB10]

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

My personal thoughts (sorry) - M1 may disagree but I'd feel crap if I didn't say what I was thinking and I'm not about much over the rest of the weekend.

I don't think not having the current terms will not be enough to see you through court ( even though it should )

The Statute Barred argument has taken you through this far but they have now managed to kybosh that, yes they were late and they should face the actual sanction specified by the Judge and those documents not be accepted - BUT they will be accepted and the Statute Barred argument will be lost on.

It's in fast track and there is a substantial costs risk if you lost at the hearing.

I would negotiate settlement under a Tomlin. Using the slightly faulty docs and lateness of statements
(ie making out you can use those to win - which you possibly could if you had a really good barrister with you grrrr - and that's not taking anything away from you, you have done amazingly throughout this extended process, it is a sad fact of life in the county court system.)

What can i do now... the hearing is on Monday - so its all at the hearing. How can i negotiate a settlement at this stage?