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

[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

the S78 is a letter they sent, with a copy of the s78 law.....and the person has writted on one of the statements...

im stuck in hospital at the moment....my boy was admitted for the day for investigation....

i will scan through what they sent tomorrow morning....

thanks

[mystery1]

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

[HB10]

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

Attaching the docs IND sent 21st Nov...which was after the due date for filing with courts...

They include reply to s78 and also provide statement showing last payment.

Would the court consider this late filing?

[HB10]

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

Hi all...,

Hope everyone had a good xmas and a happy new year.

The final hearing is on Monday... not looking forward to that at al!

Can you let me know things I need to prepare for pls....

Also IND sent some statements showing last payment etc.....as per what they been stating - although this was well after filing docs to Court....how would court view this? I will scan the docs they sent tomorrow...im away till then....

many thanks in advance.

[mystery1]

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

3. A specification of:—


(a)the provision of the agreement alleged to have been breached; and
(b)the nature of the alleged breach of the agreement, specifying clearly the matters complained of; and either
(c)if the breach is capable of remedy, what action is required to remedy it and the date, being a date not less than seven days after the date of service of the notice, before which that action is to be taken; or
(d)if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach and the date, being a date not less than seven days after the date of service of the notice, before which it is to be paid.



It has to be specific. " Here we are dealing with a statute which, for good and obvious reasons, requires a lender or owner to set out precisely what needs to be done to put right the alleged breach of contract." http://www.bailii.org/ew/cases/EWCA/Civ/1998/1209.html


They may try and argue it de minimis however it has been pointed out and the witness is saying para 8 is correct and in any event Woodchester appears to agree it's not.


http://www.bailii.org/ew/cases/EWCA/Civ/2014/1413.html

"There is nothing merely technical in the statutory requirement that these matters be clearly and accurately set out for the consumer."

M1

[Amethyst]

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

Relevant bit in Default Notice



seems to go more with PAra 3 of the terms and conditions



than para 8

[Amethyst]

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

If she talks out the italicising and within the quotation of

A charge would be the minimum payment amount required on the account. This
shows that 0 payment is required as it will be debited from the account and if there
are no funds provided then the Defendant will default which they have done. "

part of her witness statement as an error how does the rest of paragraph 8 add up to what she is trying to explain it (very badly) as meaning.


Just going to look through the agreement and see what term that DN SHOULD have pointed to.

Para 3 possibly - 3.3 / 3.5 / 3.6 ?

or Para 15 ?

[mystery1]

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

I think they are being a bit naughty as para 8 doesn't say that after c)..... due.

I'll screenshot it





so of this bit in their WS

24. Paragraph 8 is denied. The Claimant provides the following comment,
"Paragraph 8of the agreement states that:
8.1: we will debit to the accaunt the amount of
"
b) Any interest due under the agreement, on the statement date; and
c) Any other charge due under this agreement, on the date that it becomes due.


is right

and this bit

A charge would be the minimum payment amount required on the account. This
shows that 0 payment is required as it will be debited from the account and if there
are no funds provided then the Defendant will default which they have done. "

Should not be in italics or have a " after it as it is a lie.

So the default notice is bad, and if we accept her evidence, the s78 is not a true copy either.

M1

[Amethyst]

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

I think they are being a bit naughty as para 8 doesn't say that after c)..... due.

I'll screenshot it





so of this bit in their WS

24. Paragraph 8 is denied. The Claimant provides the following comment,
"Paragraph 8of the agreement states that:
8.1: we will debit to the accaunt the amount of
"
b) Any interest due under the agreement, on the statement date; and
c) Any other charge due under this agreement, on the date that it becomes due.


is right

and this bit

A charge would be the minimum payment amount required on the account. This
shows that 0 payment is required as it will be debited from the account and if there
are no funds provided then the Defendant will default which they have done. "

Should not be in italics or have a " after it as it is a lie.

[mystery1]

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

To my mind, and i'm just an amateur remember, the court made an order and stipulated a specific sanction for failure to comply. They failed to comply so the sanction takes effect. They could, if they were not so idiotic, just apply for relief from sanctions which given Denton they would get but have some costs to pay. As a litigant in person you could plead ignorance to this and get away with it (the relief from sanctions part) however if they ask you to agree to it you pretty much have to.

The part when she says para 8 contains xxxx, is that accurate or has she just put in to evidence that either the s78 copy is not honest and accurate or the default notice is bad ?

M1

[Amethyst]

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

• Just list of docs for ease of access
  
  witness_st_ind.pdf
  
  
• 
  terms and conditions.pdf
  
• 
  tc4.pdf
  
• 
  tc3.pdf
  
• 
  tc2.pdf
  
• 
  tc1.pdf
  
• 
  statement_jan2007a.pdf
  
• 
  statement_dec2009_a.pdf
  
• 
  statement_dec2009_2a.pdf
  
• 
  sol_ch2.pdf
  
• 
  sol_ch1.pdf
  
• 
  s3_a.pdf
  
• 
  s2_a.pdf
  
• 
  order_3may2014.pdf
  
• 
  order_3jul2014_a.pdf
  
• 
  order.jpg
  
• 
  notice of assignment_a.pdf
  
• 
  N181_filled.pdf
  
• 
  ind_11jul2014_2_a.pdf
  
• 
  ind_11jul2014_1_a.pdf
  
• 
  ind3.pdf
  
• 
  ind2.pdf
  
• 
  ind1.pdf
  
• 
  HFO CAPITAL V ROBINSON JUDGEMENT (1).pdf
  
• 
  hearing_letter.jpg
  
• 
  hearing_docs.pdf
  
• 
  final_hearing.pdf
  
• 
  final_hearing.pdf
  
• 
  final_heaing_witness_statement.pdf
  
• 
  final_heaing.pdf
  
• 
  exhibit_ind.pdf
  
• 
  defence_no_name.pdf
  
• 
  defence_no_name.pdf
  
• 
  defence_no name.pdf
  
• 
  default notice_a.pdf
  
• : default notice_a.pdf
  
• 
  c_allocation_12aug2014.pdf
  
• 
  b1.pdf
  
• 
  aktiv_ind_final_hearing_reply_13nov2014.pdf
  
• 
  agreement_a.pdf
  
• 
  activ_questionnaire_18aug2014.pdf
  
• 
  activ_draft_directions_18aug2014.pdf
  
• 
  a1.pdf
  
• 
  4_hearing_21oct.pdf
  
• 
  3_hearing_21oct.pdf
  
• 
  3.pdf
  
• 
  2_hearing_21oct.pdf
  
• 
  1_hearing_21oct.pdf
  
• 
  1a.pdf
  
• 
  10a.pdf

[Amethyst]

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

Really it will be based on whether the court decides it's previous order stands.

[Amethyst]

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

The Claimant does not hold a copy of the
statement showing this payment, however the last payment has been confirmed by
the original debt owner MBNA.

They need to provide the evidence of MBNA confirming this payment then at the very least.

The account fell into default on the 31 December
2009,

That backs up entirely your last payment of Sept 2009. There is a cause of action argument there, as if the last payment was Sept 2009 the lender wouldnt have know until at least the next payment due date and had no right to default until 2 or 3 months missed payments under the agreement - so those terms need looking at on the agreement.

Ah they have bought that argument up in para 17.

[HB10]

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

Hi,

Had docs come through which IND sent courts - attached


Just something regards the court order

.c) a full statement of account identifying all payments made on the credit account with MBNA Europe Bank Ltd

they provided just 2 statements which were also the statement we used in the defence.

[Amethyst]

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

We're at Witness Statement and documents to rely on rather than Skellys & bundles xxx