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

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

    Yes I'd say so 10) The documents to be sent to the other party and the court must include the statements of all witnesses

    You have already done Witness Statement previously haven't you, so it will just be a case of updating that to include the more recent things, and still attaching those exhibits you've already sorted out.

    Leave a comment:


  • HB10
    replied
    Re: Please help - very worried. Ref: IND/Hegarty LLP/Aktiv Kapital/MBNA

    Originally posted by Amethyst View Post
    That looks fine to me, does the order not specify you need to submit a witness statement as well ?
    ive copy and pasted part of the order - pdf attached

    it seems like i need to submit a witness statement - see part 10???
    Attached Files

    Leave a comment:


  • HB10
    replied
    Re: Please help - very worried. Ref: IND/Hegarty LLP/Aktiv Kapital/MBNA

    In the docs listen in the covering letter do i need to add the following?

    Regards the documents sent by Aktiv as per the CPR request –

    Notice of assignment –

    There is only a letter stating Aktiv brought the interest from Varde Investments – there is no name, date, address or reference.

    A doc after this Notice of assignment – ‘Form of exercise notice’ just has date 2012 and mentioned Aktiv and Verde.

    Last legal letter before proceedings is dated 29th Oct 2013 – would I need to include this?

    Leave a comment:


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

    That looks fine to me, does the order not specify you need to submit a witness statement as well ?

    Leave a comment:


  • HB10
    replied
    Re: Please help - very worried. Ref: IND/Hegarty LLP/Aktiv Kapital/MBNA

    Ive completed the over letter - attached doc – do you think there is anything more to add?

    Ive included banks statements that Aktiv sent me, ie last one they have and one with the last payment showing 21st Dec 2006.

    Ive included the s78 request – there was no response to that from them.


    Regards the documents sent by Aktiv as per the CPR request –

    Notice of assignment –

    There is only a letter stating Aktiv brought the interest from Varde Investments – there is no name, date, address or reference.

    A doc after this Notice of assignment – ‘Form of exercise notice’ just has date 2012 and mentioned Aktiv and Verde.

    Last legal letter before proceedings is dated 29th Oct 2013 – would I need to include this?

    Thanks for the help
    Attached Files
    Last edited by HB10; 14th November 2014, 07:38:AM.

    Leave a comment:


  • mystery1
    replied
    Re: Please help - very worried. Ref: IND/Hegarty LLP/Aktiv Kapital/MBNA

    Just a cover letter i think.

    In the matter of xxxx v yyyyyyyyy in Disneyland court

    Please find enclosed the documents the defendant seeks to rely on.

    List.

    Exhibit 1................
    etc.

    That's what i'd do.

    M1

    Leave a comment:


  • HB10
    replied
    Re: Please help - very worried. Ref: IND/Hegarty LLP/Aktiv Kapital/MBNA

    Thanks M1

    would the format be in the same form as previously - ie the way a witness statement was outlined. Can you guide me on this pls....thanks.

    Leave a comment:


  • mystery1
    replied
    Re: Please help - very worried. Ref: IND/Hegarty LLP/Aktiv Kapital/MBNA

    The documents you need will need should be obvious from your defence and witness statements.

    I'd include way more than is probably required e.g. you mention court orders which i'd include but probably aren't reuired as everyone already has them, in theory. Don't want caught short though.


    Order of DJ Reed. Defence 2.

    Witness statement and default notice as per def. 3.

    Order of DJ Davies per def 4.

    Witness statement def 5.

    s78 request (s) and responses.

    Any default notice you had which is not the one above.

    ETC.



    Essentially if you make a point and have evidence to back it up send the evidence.

    M1

    Leave a comment:


  • HB10
    replied
    Re: Please help - very worried. Ref: IND/Hegarty LLP/Aktiv Kapital/MBNA

    hi all,

    can anyone help with the preparation of the docs pls...i would need to send by fri morning.... thanks

    Leave a comment:


  • HB10
    replied
    Re: Please help - very worried. Ref: IND/Hegarty LLP/Aktiv Kapital/MBNA

    hi,

    will need to send the docs of to court and aktiv by fri morning.....ie needs to reach them by 17th.

    help in preparing the required docs would be much appreciated.... thanks again.

    Leave a comment:


  • HB10
    replied
    Re: Please help - very worried. Ref: IND/Hegarty LLP/Aktiv Kapital/MBNA

    Hi M1,

    Here is a brief summary of recent activity -

    328
    - Summary till 27th July 2014 - dates

    355 - Defence sent to court

    358 - Court letter - allocation to fast track

    365 - questionnaire sent

    387 - hearing documents received from court


    Documents need to be sent by 17th Nov, hearing is set for 26th Jan 2015.

    Thanks
    Last edited by HB10; 10th November 2014, 09:01:AM.

    Leave a comment:


  • HB10
    replied
    Re: Please help - very worried. Ref: IND/Hegarty LLP/Aktiv Kapital/MBNA

    Hi M1,

    im delayed with work today, so will get the summary posted tomorrow morning. Thanks

    Leave a comment:


  • HB10
    replied
    Re: Please help - very worried. Ref: IND/Hegarty LLP/Aktiv Kapital/MBNA

    Hi M1,

    Im away till tomorrow (sunday)....i'll sort the summary on my return.... thanks

    Leave a comment:


  • mystery1
    replied
    Re: Please help - very worried. Ref: IND/Hegarty LLP/Aktiv Kapital/MBNA

    Can you post a summary with links to pocs defence etc so i can see where we are please ?

    M1

    Leave a comment:


  • HB10
    replied
    Re: Please help - very worried. Ref: IND/Hegarty LLP/Aktiv Kapital/MBNA

    Just checked with the courts....they paid it in Oct

    Leave a comment:

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