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

[HB10]

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

I called the guy again at IND - he said that he has requested Hegarty to send the letter and email. He said he has mentioned to the extension but it is ultimately Hegarty who sends the letter, they are the LLP and provide the extension.

I told him but every time i try speaking to them i am passed through to IND, he said because they are handling the account.

He refused the 28 days extension, saying that he feels 14 days is adequate. I asked him if he has the documents to hand he said no, so asked how he came to a conclusion that 14 days would be adequate. He said the documents could even come tomorrow, i told him but thats just assumptions. He said he has no problem in providing further extension if required.

He said that he has entered on file - Do not enter judgment.

I repeated numerous times that I need email confirmation but he said his contact at Hegarty is out today so you should get it tomorrow. When i pushed him that it urgent that i get it tomorrow he kept replying that its Hegarty who need to send.

im getting worried now as i still do not have the extension email and its all going round in circles.

[HB10]

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

Called Hegarty and found out that the person dealing with IND is out today, but he handles this side and he will be in tomorrow. Requested call back. Got his name also.

[mystery1]

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

That guys is talking pish. Extend the extension, do me a favour.

Prepare an unless order and email it to them. If you don't give me an extension i have no choice but to apply immediately.

M1

[HB10]

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

shall i wait till i speak to the guy at Hegarty tomorrow morning?

If they only give 14 days, what are our options?

[mystery1]

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

You're likely going to need the order so prep it.

It's then your choice. Either or is fine.

14 days or 28 days and our options are the same. Give them limited time to disclose and if they fail apply to the court. You could also let them screw you but that'd be a bit daft.

M1

[HB10]

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

Currently they are agreeing only on 14 days extension which is up to 6th Jan. Would we be preparing the order for the 6th Jan deadline?

I have not had the email confirmation through on the extension, hopefully definitely tomorrow. What do i need to do regards the defence deadline of Monday 23rd dec?

[mystery1]

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

No. Do not leave it to the last minute a give things an opportunity to fall through cracks.

Don't get hung up on 14 days. It is stupid but it's their choice.

Once we file the unless order the defence deadline has no relevance. If they mess about tomorrow file it tomorrow. If you get the extension tomorrow inform the court via email. Then they can have a few extra days to comply but i'd apply after the postie has been on the 23rd after phoning them just to confirm they haven't sent the documents.

M1

[HB10]

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

Am i able to file the unless order via email and then make payment over the phone? otherwise i would need to post on sat special delivery for them to receive it on monday?

[mystery1]

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

I think so. Check with the court.

M1

[HB10]

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

I have completed the order - need to check if all is fine on it - so that its ready if needed.

will post here, the form details, draft, witness statement.

Thanks for the continued help. Greatly appreciated.

[HB10]

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

Form:

(3) what order are you asking the court and why?

An order (a draft of which is attached) that the Claimant do provide the Defendant with documents mentioned within the statement of case pursuant to CPR Rule 31.14 and that the Defendant thereafter do have leave to file a Defence.

The Defendant also seeks the costs of the application.

(4) Have you attached a draft of the order you are applying for?


Draft attached

(5) How do you want to have this application to be dealt with?


At a hearing

(6)How long do you think the hearing will last?


45mins

(9) Who should be served with this application?


Aktiv Kapital

(10) What information will you be relying on, in support of your application ?


Witness statement

Not sure on –

7 - Give details of any fixed trial late or period

8 - What level of Judge does your hearing need?

[HB10]

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

Draft:

Date

In the Northampton (CCBC) County Court
Claim Number: XXXX

Between:
Aktiv Kapital (Claimant)

-And-

Me (Defendant)



Draft Order for Directions

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

• Copies of the Credit Agreement and any documents referred to within it which complies with the consumer Credit Act 1974 and all subsequent regulations, which the claimant seeks to rely upon
• Default Notice compliant with s87 (1) Consumer Credit Act 1974 and Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended
• Copies of any statement or other document relied upon
• Document, contract or deed of assignment
• Notice of assignment, with proof of service of the same compliant with s196 of the Law of Property Act 1925.

If the Claimant fails to comply with this order, the claim will be struck out without further order.

The Defendant shall within 14 days thereafter file and serve the following

• An amended defence sufficiently particularised in response to the documents supplied by the claimant

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

[HB10]

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

Witness statement:

Im not sure about section 3. Although they agreed to the 6th jan 2014 as extension they have not sent email confirmation yet - due to get tomorrow. The wording does not seem right as i requested the 31.14 documents even before the extension period? or am i wrong....?


Date

In the Northampton (CCBC) County Court
Claim Number: XXXX

Between:
Aktiv Kapital (Claimant)

-And-

Me (Defendant)

_________________________

WITNESS STATEMENT OF

me
_________________________


1. I _____me____ of xxxxx being the Defendant, am a litigant in person in this case.

2. I make this Witness Statement in support of my application for an order (draft of which attached) that the Claimant do provide me with documents mentioned within the statement of case pursuant to CPR 31.14.

3. On 18^th December 2013, following Claimant’s agreement to extend filing date till 6^th January (Exhibit 1), I have sent to Claimant’s legal representative Hegarty LLP requesting, under CPR 31.14, all documents mentioned in the particulars of claim (Exhibit 2)

4. The request was sent via next day delivery (Exhibit 3) and it was delivered to the legal representative office in Peterborough on 10^th December 2013. (Exhibit 4)

5. Till this day, the Claimant and their legal representative have so far ignored this request and no communication as regards to the reason for the delay nor a date given as to when I should be expecting to receive the relevant documents.

6.The Claimant and their representative have shown clear disregard of CPR31.15 which clearly stated that;
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.

7. I also refer to the ruling of Rix LJ in Expandable v Rubin [2008] EWCA Civ 59 (at paragraph 24)
“The general ethos of the CPR is for a more cards on the table approach to litigation. If a party thinks it worthwhile to mention a document in his pleadings, witness statements or affidavits, I do not see why, subject as I say to the question of privilege, the court should put difficulties in the way of inspection. I look upon the mention of a document in pleadings etc as a form of disclosure. The document in question has not been disclosed by list, or at any rate not yet, but it has been disclosed by mention in what, for the purposes of litigation, is another important and formal category of documents. If so, then the party deploying that document by its mention should in principle be prepared to be required to permit its inspection, and the other party should be entitled to its inspection.”

8. Suffice to say that without the availability of relevant documents as stated in the particulars of claim for my inspection, I will therefore unable to defend the claim brought against me by the Claimant.

9.Statement of Truth:

I, ____me_________, the Defendant, believe the facts stated within this Witness Statement to be true.

Signed:

Dated:

[mystery1]

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

Form:

(3) what order are you asking the court and why?

An order (a draft of which is attached) that the Claimant do provide the Defendant with documents mentioned within the statement of case pursuant to CPR Rule 31.14 and that the Defendant thereafter do have leave to file a Defence.

The Defendant also seeks the costs of the application.

(4) Have you attached a draft of the order you are applying for?


Draft attached

(5) How do you want to have this application to be dealt with?


At a hearing

(6)How long do you think the hearing will last?


45mins

(9) Who should be served with this application?


Aktiv Kapital

(10) What information will you be relying on, in support of your application ?


Witness statement

Not sure on –

7 - Give details of any fixed trial late or period

8 - What level of Judge does your hearing need?

Instead of Aktiv just write claimant. Saves any misnames and typos. 7 leave blank and 8 District.

M1

[mystery1]

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

Draft:

Date

In the Northampton (CCBC) County Court
Claim Number: XXXX

Between:
Aktiv Kapital (Claimant)

-And-

Me (Defendant)



Draft Order for Directions

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

• Copies of the Credit Agreement and any documents referred to within it, which the claimant seeks to rely upon
• Default Notice
• Copies of any statement or other document relied upon
• Document, contract or deed of assignment
• Notice of assignment

If the Claimant fails to comply with this order, the claim will be struck out without further order.

The Defendant shall within 14 days thereafter file and serve the following

• Adefence sufficiently particularised in response to the documents supplied by the claimant

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

For these purposes it only matters that they give what they mentioned. If it doesn't comply it hinders them but for the disclosure.

M1