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

[mystery1]

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

Wait until 18th and phone them and ask why they haven't complied with cpr 31.15.

M1

[HB10]

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

Letters received by IND (CCA) and Hegarty LPP (CPA) - Tues 10th Dec 2013

Interestingly both were received by the same person and have the same signature on them.

Is there anything I need to do for now? The 7 days for reply will be 17th Dec.

Thanks for the help.

[HB10]

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

Posted the letters - special delivery - they will receive tomorrow.

thanks for your help M1, charitynjw, Amethyst

Will update.

[charitynjw]

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

I think in this case the request should go to IND as AK are using them as agents, but cc a copy of your request (minus the payment) to Hegarty .

Sorted, lol!

& as (according to post #1) the return address for all docs is the sols, if it were me I would request that they passed the info onto their clients.

[Amethyst]

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

I think in this case the request should go to IND as AK are using them as agents, but cc a copy of your request (minus the payment) to Hegarty .

[HB10]

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

Hi, thanks for your help guys - appreciated....sorry to post this message again....but could you help me here on where to send the CCA....AK in Switzerland? or IND....or better both?

You mention that the new owner is AK – the address on the court claim for AK is in Switzerland.

The letter IND sent mentioned that they have appointed IND ltd to collect the balance on its behalf.

Address for sending docs and payments as per the court claim has Hegarty LLP.

I will be sending the CPR 31.14 to Hegarty.

Should I be sending the CCA request to Switzerland?

Last time a payment was made: im not exactly sure…but would be over 3 years ago….but not longer then 6 years….i would say 3-4 years ago

Thanks

[Amethyst]

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

I agree with Charity that something should be left in but I would take out the first line and amend slightly, as the actual amount claimed is £9k and goes over £10k with the interest.

thus;

As I am unable to lodge my defence at this moment and the case has not yet been allocated to a track, the provisions of CPR 27(2) have no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.

[charitynjw]

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

sorry to hassle again - the 31.14 letter by FP has the following wording.....the claim against me is over 10k....what wording do i need to input.... thanks

If your claim is for a sum which does not exceed £10,000.00 and thus in all likelihood it will be allocated to the small claims track once I deliver my defence, as I am unable to lodge my defence at this moment, & the case has not been allocated to a track for determination upon delivering a defence, as a consequence the provisions of CPR 27(2) have no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.

That paragraph is inserted to pre-empt them saying that if the claim is for less than £10k, it will be 'small claims', which is covered by CPR 27.

That's not so, as until the court allocates the claim to an appropriate track, CPR 31 is applicable anyway.

The slight rewording above should cover all bases.

[HB10]

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

sorry to hassle again - the 31.14 letter by FP has the following wording.....the claim against me is over 10k....what wording do i need to input.... thanks

Although your claim is for a sum which does not exceed £10,000.00 and thus in all likelihood it will be allocated to the small claims track once I deliver my defence, however as I am unable to lodge my defence at this moment, the case has not been allocated to a track for determination upon delivering a defence, as a consequence the provisions of CPR 27(2) have no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.

[HB10]

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

Charitynjw – thanks for your time

You mention that the new owner is AK – the address on the court claim for AK is in Switzerland.

The letter IND sent mentioned that they have appointed IND ltd to collect the balance on its behalf.

Address for sending docs and payments as per the court claim has Hegarty LLP.

I will be sending the CPR 31.14 to Hegarty.

Should I be sending the CCA request to Switzerland?

Last time a payment was made: im not exactly sure…but would be over 3 years ago….but not longer then 6 years….i would say 3-4 years ago

Thanks

[charitynjw]

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

IND are, I believe, a debt collection agency.

I would think that they are no longer part of the equation, as the alleged debt has been passed to a solicitor.

The £10 mentioned above would be the fee required for a Subject Access Request via the Data Protection Act, I guess.
As you haven't asked for this, don't worry about it for the time being.

The most important thing is to acknowledge service of the claim, which you have done.

I believe the CCA request, along with the £1 fee, goes to the new 'owner', AK.

& the CPR 31.14 goes to the sols, with an advice that you have requested info as per CCA s77-79 from AK. (No harm in sending a copy of it; you do not need to send any payment to the sols, though).

Make sure you get proof of sending (either email, or proof of postage via land mail).

Btw, for clarity, when was the last time you acknowledged this debt, either by payment or in writing?

[HB10]

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

Those templates should be fine as they've mentioned all normal items you want to see.

Make sure you get proof of posting and a receipt.

M1

Hi, is it fine to send both letters together in one envelope?

I should send p.o. Of £1 - IND in their final letter mentioned to send £10 to cover admin charge if I requested information - I should ignore that?

Shall I send letters to IND and Hegarty LPP?

Thanks again.

[mystery1]

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

Those templates should be fine as they've mentioned all normal items you want to see.

Make sure you get proof of posting and a receipt.

M1

[HB10]

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

Hi M1,

Ive sent email for acknowledgment - email confirmation that its been received came through also.

Now working on next steps - those will be sent tomorrow.

I found templates from FlamingParrott for CCA request and CPR31.14. Any particular wording i need to change on the two letters as per the 'Particulars of Claim' wording. (FP mentions that the 31.14 wording would need to change according to the PoC wording.

Help is very much appreciated. Thank you for your time.

kind regards

HB

[mystery1]

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

I've added the link in now.

If you intend to defend then yes. Negotiation can continue regardless if you wish to settle at any point.

I'm away out now and won't be around so i'm not ignoring you.

M1