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

[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)
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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

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

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

3rd call - seem to be getting somewhere.

Spoke to someone who has been assigned to look into the account. The name given earlier was not on the case!

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

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. 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.

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.

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

[HB10]

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

Thanks.

Yep already made the 2nd call. Different girl on the phone - but she gave the managers name etc.

Next one after lunch now

[mystery1]

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

5 days is plenty and even without an extension i'll not be advising you enter a defence

Keep pestering them. I've seen a few who took more than one call to get an extension but i don't recall anyone not getting it at all even when they thought they were getting nowhere.

There is no hiding place for them.

Time to phone again me thinks.

M1

[HB10]

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

Thanks M1 for your help and support - greatly appreciated.

My concern is the defence deadline of 23rd Dec

[mystery1]

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

Yes send it to that address.

Many companies have meetings first thing in the morning. I would phone every 2 hours at least documenting each one. They'd get sick of me or they'd give me an answer and all the while i'd be building evidence of their delays and non compliance.

In all honesty who gives a crap that they've requested the documents from someone else. That is not your problem or something you can control. If they've issued a claim when they can't comply with the rules then they have a huge problem. The Jackson reforms are going to kill them. Mitchell forces courts to stick to the rules and not let these parasites away with murder. They better hurry up and get the documents or you're going to win by default.

M1

[HB10]

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

Made the phone call to Hegarty LLP

Was passed through to IND as they said they are handling the case. She confirmed they handling the claim, I asked if she is the claim handler and she just asked what the query is. I asked if she is able to make decisions on the account etc. Initially she said she will need to look at the account.

I asked about the CPR 31.14 and she said the system is showing that they have requested the documents from Aktiv Kapital. I did mention that surely you should have the documents – she said they do not keep the physical documents.

I mentioned that you have not complied with the CPR request within 7 days and that if you are providing documents then I need to have an extension for my defence. At this point she said she needs to put me through to the claim handler as she is not authorised to make such decisions. (This was after saying she needs to review the account).

She said the senior managers are in a meeting and that she will request them to call me today or tomorrow. I told her I need a call today as time is running out for the defence application and that the 7 days are already over.

The email address she provided was the general company one but did say I can put it for her attn.

So now I can just wait for the call back or I will call again this afternoon.

Regards the email confirmation – shall I just send the above to confirm the conversation?

Thanks HB

[mystery1]

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

M1 - thanks for your reply - appreciated.

having done some research, i would like to ask few things that i may come across when i call. On the net i read few people calling Hegarty LPP number - and then being passed straight to IND. If this happens to me when i call and im asking about CPR - what do i need to do? Take a note of it and ask if they are the claim handler and can make decisions. Be firm but don't get angry. At the end of the day as long as you can be seen to be reasonable to a judge then you're good. It's them who have failed to allow inspection as per cpr 31.15. In light of the Jackson reforms and Mitchell they have significant hurdles to clear. If they don't that helps you, but you must seek them to comply in order that it looks like the problem is caused soley by them and not you.

Also having read some reports - usually there is a 'typical' answering person on the line who does not know too much about the situation yest continues to reply with - i will not pass you on to anyone else as they will give same information. See answer 1. Remind them that they have failed in their CPR duties and that you will be forced to apply to the court and you'll be seeking the costs of such and will be sighting their unreasonable behaviour to a judge.

Another point was - asking the name - they give name, no surname as they say not required etc. No worries about that.

sorry for the questions - just want to be prepared to handle the situation as i do not have long to file the defence.

thanks once again.

Make sure you get an email address to confirm the details of the call for later use as evidence.

You can't force them to do anything but you do need to try a bit so the judge blames them and not you. If they don't agree with your request apply to the court for it.

Many of the cases you'll no doubt have read are only desperate for the extension because they have let their time run too tight.

M1

[HB10]

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

M1 - thanks for your reply - appreciated.

having done some research, i would like to ask few things that i may come across when i call. On the net i read few people calling Hegarty LPP number - and then being passed straight to IND. If this happens to me when i call and im asking about CPR - what do i need to do?

Also having read some reports - usually there is a 'typical' answering person on the line who does not know too much about the situation yet continues to reply with - i will not pass you on to anyone else as they will give same information.

Another point was - asking the name - they give name, no surname as they say not required etc.

sorry for the questions - just want to be prepared to handle the situation as i do not have long to file the defence.

thanks once again.

[mystery1]

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

Why haven't you complied with cpr 31.15? When will you ? I want an extension for filing my defence until xxx (28 days from the current deadline).

Email an overview of the conversation to them so you have evidence later on for an unless order if they fail to comply.

Don't mention s78 and make sure you speak to the claim handler.

M1

[HB10]

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

Hi, Merry Christmas to all.

7th day for reply for CPR was today and nothing received. I will call tomorrow and find out why they have not complied with cpr 31.14 - is there any thing in particular i need to say, ask, put forward to them? Is there anyone in particular i need to speak to?

I need to file my defence by 23rd Dec. So would need to email CCBC by 22nd Dec. Im concerned if nothing is coming forward from Hegarty or any information via the phone call etc.

Thanks for the help.

[mystery1]

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

Nah royal mail is good enough.

When you start calling them to find out about compliance with 31.14 and 31.15 forget about s78. You also need to confirm the call with a follow up email as you'll need evidence that you have tried everything to get disclosure and if an application to court is needed it is the case that it's your last optiion to use the court. This makes judges more amenable to issuing an unless order.

M1

[HB10]

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

Thanks M1.

Should i call them to confirm they have received the letters - or the postage proof and acceptance of the special delivery is enough?