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

[Amethyst]

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

Yip, D2 and J has been completed by Activ Kapital as well Can pretty much copy what they put, and the directions are pretty standard and ask for small claims as well.

[MIKE770]

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

did not know Aktiv Kapital was a human with wet signature on court form???

[HB10]

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

attached is aktiv's reply

- aktiv questionnaire reply (6 pages)

- draft directions

[mystery1]

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

Fill in D2 as a sub £10k should be small claims track unless you want to take fast track and the costs in to play.

M1

[Amethyst]

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

Usually the court cross through the line that says about a copy of the defence being enclosed, because of the confusion it causes (bad drafting of the forms) so Yes you need to complete this form, however you don't pay the fee only the claimant does that.

Activ's copy should include some directions as to disclosure of documents etc so lets look at that before completing your N181.

[HB10]

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

Hi people, hope everyone well.

been away few weeks and had to deal with few family commitments.

received from court - attached.

activ replied - will attach on next message.

can you please let me know if i need to do anything at this stage.... the deadline is 12th sept.....(was this questionnaire for the claimant only? - as it states the defendant has filed a defence)

thanks

[HB10]

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

sent to the court

Thanks again for your help

[mystery1]

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

When emailing the subject line should read " Defence - x v HB10"

Nothing else required at the moment.

No need to send to the claimant as they court does that.

M1

[HB10]

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

ive many the tweaks - attached with this post.

ready to be emailed across to the court? thanks again m1 and others for the input.

is there anything else that needs to be sent or just this 2 page doc.

(do i need to send a copy to the claimant?)

many thanks

[ironman]

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

Many thanks Mystery 1 for the clarification

[mystery1]

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

A party to litigation is a litigant no matter which side of the fence they sit on.

M1

[ironman]

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

Is litigant not the person bringing the action?

Why would a litigant need to do a defence as he is the claimant


Confused.com

[Amethyst]

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

I MIGHT BE IN ERROR BUT YOU ARE NOT THE LITIGANT IN PERSON AS TO POINT ONE, YOU ARE EITHER THE DEFENDANT OR RESPONDENT

Wait for confirmation before you submit the defence

is this a defence or a witness statement??

It does read a little like a witness statement but to get across the points theres not really any other way of doing it. I think having in the first point that you are a litigant in person is a good idea too as the judge can take that into account when reviewing the rest of the document. I haven't read the rest fully yet was just checking that point as you bought it up.

[mystery1]

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

final defence attached

I have completed the final doc as per the above.....is this all that will be required? ie just a 2 page doc? i should be able to email the defence to the court?

I was expected a larger defence file - ie with exhibits etc - hence expecting to go to court to submit the defence.... but now should be able to just email across.

m1 - the figure i have put in part 6 is their original figure without interest, is this fine?

also little query about part 8 mentioning s78.... is this fine as they have provided most of the docs in cpr 31.14 - and in relation to s78 the signed doc which gives full summary was not provided.

Add plus interest just to be spot on.


7. The defendant sent a request pursuant to section 78 of the consumer credit act
1974. The claimant failed to send a reply together with a signed statement as they are obliged to do and
therefore s78(6) makes any debt unenforceable and the defendant denies any debt
is enforceable against him.


8. The claimant relies on a default notice which states the provision of the
agreement that has been breached is paragraph 8. However paragraph 8 of the copy
supplied in relation to the cpr 31.14 request is about how the original creditor handles
debits and credits and there are no duties placed upon the defendant. If the default
notice is incorrect then the notice is bad and cannot be relied upon. Harrison v Link
Financial Ltd [2011] EWHC B3 (Mercantile) (28 February 2011).

M1

[ironman]

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

As to the claim being dismised, try this as an addition

By reason of the facts and matters set out above, it is denied
that the Claimant is entitled to the relief claimed or any relief.

Just my own suggestion but i am treading on peoples toes so wait for a response first, might be totally barking up the wrong tree