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

[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

[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

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

When did you send s78 ? When did they reply ?

Also it appears at first glance that the agreement you just posted cannot be a valid s78 reply. There are no updated terms and conditions for starters.

M1

- s78 was applied 6th dec 2013

- their reply was 21st nov 2014 (this was the late filing they did along with the statements)

- yes i would think the payment was real

[mystery1]

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

When did you send s78 ? When did they reply ?

Also it appears at first glance that the agreement you just posted cannot be a valid s78 reply. There are no updated terms and conditions for starters.

Is the payment real ?

M1

[HB10]

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

[HB10]

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

These are the agreement docs they filed with the Court in Nov - for the hearing.

There was no agreement attached with the late filing docs - s78 etc

[mystery1]

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

The signed statement they sent shows last payment made March 2007. - that fulfills their court order doesn't it.

''Court Claim form dated 20th Nov 2013''

Don't know. I just deal with what's asked at the time. I haven't the will or time to read back tons of pages in all the threads i read. (if that makes me sound like a dick, i'm sorry)

From a s78 point of view, i'm wondering what was the state of account at the point the s78 was placed/answered and if the statement is accurate. The info from the letters is hugely contrasting so needs investigated.

M1

[Amethyst]

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

The signed statement they sent shows last payment made March 2007. - that fulfills their court order doesn't it ? And makes it statute barred as that is over 6 years before the bought the court claim.

''Court Claim form dated 20th Nov 2013''


The DN is dated Jan 2010 but your argument all along has been last payment was over 6 years ago - and that still stands doesn't it ??

These are the statements they have sent.

st_with_sig.pdf (224.9 KB, 5 views)

• statement_jan2007a.pdf
• 
  statement_dec2009_a.pdf
• 
  statement_dec2009_2a.pdf

''DDJ Davies ordered that “the claimant shall by 4pm on 14th July 2014 comply with paragraph 1 of the order of April 25th 2014. In the event it is not complied with, it will be assessed that the last payment made was at last 6 years ago”.''

''6. The Defendant contends that the debt claimed is statute barred pursuant to the provisions of Section 5 of the Limitation Act 1980. The claim appears to be based on simple contract and an excess of 6 years have elapsed since any cause of action may have accrued. The claim that the Claimant's are entitled to payment of £9,002.75 plus interest, or any other sum, or relief of any kind, is denied.''

[Amethyst]

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

So they haven't sent an agreement? Just these from ages ago (reading back to find out ) ahhh yes http://www.legalbeagles.info/forums/...605#post492605 so we still only have that 'agreement'

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

[mystery1]

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

Attaching the s78 info they sent

3 attachments - IND letter, s78, statement with sig

There is no agreement there ?

I do note however the statement is for £7k + and the letter states you owe £9k +. Depending on when the s78 was and what the balance actually is there could be an issue with that.

M1

[HB10]

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

Attaching the s78 info they sent

3 attachments - IND letter, s78, statement with sig

They should be required to apply for relief from sanction if they have missed a deadline. Having said that if relief should be granted (not if it will be but should be) then you may annoy a judge who will see little/no prejudice since you had ages to take note of the evidence.

Is the s78 reply accurate or is it defendable ?

M1

[Amethyst]

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

Hi, We really need to look at the agreement they have sent xx Hope your boy is okay xxx

[mystery1]

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

but deadlines given by the courts should be respected - otherwise why would they set dates?

I'm not arguing. There might be mileage in it but Denton v White has kind of dulled down Mitchell v Newsgroup. Ideals are one thing and practicalities are another (usually).

I don't always recall all details in a case soi might be wrong in your case since i don't recall the details precisely.

M1

[HB10]

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

They should be required to apply for relief from sanction if they have missed a deadline. Having said that if relief should be granted (not if it will be but should be) then you may annoy a judge who will see little/no prejudice since you had ages to take note of the evidence.

Is the s78 reply accurate or is it defendable ?

M1

but deadlines given by the courts should be respected - otherwise why would they set dates?