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

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

    Hi,

    Please help as i am very worried about the situation. I would like to battle through it after a very bad period in my life.

    I have received a Court Claim and i need to confirm AoS by tomorrow. I believe I can do that online or via email. (Northampton CCBC)

    Aktiv Kapital have been harrassing me with calls during the past few weeks - I would answer calls and tell them to send me details and communicate in writing. Numerous calls followed - few a day at times. Very stressfull.

    28th Oct 2013 - Received a letter from IND (PO Box - Peterborough address)

    THe letter was simply saying - please see statement of your account with Aktiv. There is only one entry - ie the outstanding balance. £9xxx.00. Also stating the amount is seriously overdue and must make payment immediately.

    The statement has 'Creditor' as Aktiv and 'Original creditor' as MBNA.
    Default date: 31/12/2009


    29th Oct 2013 - Letter from IND - Last letter before legal proceedings.

    Letter stating some details - such as MBNA has assigned to Aktiv full amount owed with effect 29/2/2012.
    Active has appointed IND Ltd to collect this balance on its behalf.

    Its asking for immediate payment - or would start legal proceedings - outlining interest and court fees etc. Also stating that the court proceedings would start on 13/11/2013

    There is also a paragraph stating that "on behalf of Aktiv we will comply with any request for a copy of personal information that we hold about you. To request please send sae wth admin fee of £10.


    I received the Court Claim form dated 20th Nov 2013

    Claimant: Aktiv Kapital (address Switzerland)
    Address for return docs or payments: Hegarty LLP

    PoC

    The claimant is the assignee of a debt(s) due to the realtion to a/various Credit Agreement(s) regulated by the Consumer Credit Act 1974 enetered into between MBNA Europe Bank Ltd and the Defendant. Notic of Assignment was provided to the Defendant by Claimant in writing. The agreement(s) was/were terminated upon the Defendant failure to comply with the terms of the Agreement(s) and or the statutory Notice of Deafult served by MBNA europe bank ltd. The claimant complied with Section lll and lV and annex B of the PD pre-action conduct.

    And the Claimant Claims:
    Credit card account number: xxxxxxxxxxxx balance £9xxx.xx as of 31/12/09.
    Interest under s69 of the county court act 1984 at the rate of 8% a year from the deafult date(s) to 20/11/13 of £2xxx.00 and also interest at the same rate up to the date of judgment or earlier payment at daily rate of 1.xx and costs.

    Looking at the credit report - the start date is 20/08/2002. no payment has been made to aktiv.

    Can you please help as to what i can do. Procedure etc. Would they still have the original agreement etc from 2002?

    Any help would be appreciated.

    Kind regards

    HB
    Tags: None

  • #2
    Re: Please help - very worried. Ref: IND/Hegarty LLP/Aktiv Kapital/MBNA

    Have a read. http://www.legalbeagles.info/forums/...mmons-received

    Acknowledge asap.

    S78 asap.

    31.14 request asap.

    Do you have any communications from them ? Default notice, arrears notices, notice of assignment, your own copy of the agreement etc ?

    M1
    Last edited by mystery1; 8th December 2013, 14:25:PM. Reason: The link would help

    Comment


    • #3
      Re: Please help - very worried. Ref: IND/Hegarty LLP/Aktiv Kapital/MBNA

      Originally posted by mystery1 View Post
      Have a read.

      Acknowledge asap.

      S78 asap.

      31.14 request asap.

      Do you have any communications from them ? Default notice, arrears notices, notice of assignment, your own copy of the agreement etc ?

      M1

      Thank you for your reply.

      Acknowledge - with full defence?

      can you please point me in the right driection for templates for s78 and 31.14.

      Who do i need to send to? aktiv, IND or Hegarty?

      IND sent me a letter on 28th and then the very next day regards last letter before legal proceedings. Then on the court claim the name is Hegarty and no mention of IND.

      I only have the current 2 letters from IND at the moment. The time frame was extremely short from the last letter to the court proceedings - no chance to even organise anything.

      I do not have the original agreement - its from 2002.

      Thanks

      Comment


      • #4
        Re: Please help - very worried. Ref: IND/Hegarty LLP/Aktiv Kapital/MBNA

        I've added the link in now.

        If you intend to defend then yes. Negotiation can continue regardless if you wish to settle at any point.

        I'm away out now and won't be around so i'm not ignoring you.

        M1

        Comment


        • #5
          Re: Please help - very worried. Ref: IND/Hegarty LLP/Aktiv Kapital/MBNA

          Hi M1,

          Ive sent email for acknowledgment - email confirmation that its been received came through also.

          Now working on next steps - those will be sent tomorrow.

          I found templates from FlamingParrott for CCA request and CPR31.14. Any particular wording i need to change on the two letters as per the 'Particulars of Claim' wording. (FP mentions that the 31.14 wording would need to change according to the PoC wording.

          Help is very much appreciated. Thank you for your time.

          kind regards

          HB

          Comment


          • #6
            Re: Please help - very worried. Ref: IND/Hegarty LLP/Aktiv Kapital/MBNA

            Those templates should be fine as they've mentioned all normal items you want to see.

            Make sure you get proof of posting and a receipt.

            M1

            Comment


            • #7
              Re: Please help - very worried. Ref: IND/Hegarty LLP/Aktiv Kapital/MBNA

              Originally posted by mystery1 View Post
              Those templates should be fine as they've mentioned all normal items you want to see.

              Make sure you get proof of posting and a receipt.

              M1
              Hi, is it fine to send both letters together in one envelope?

              I should send p.o. Of £1 - IND in their final letter mentioned to send £10 to cover admin charge if I requested information - I should ignore that?

              Shall I send letters to IND and Hegarty LPP?

              Thanks again.

              Comment


              • #8
                Re: Please help - very worried. Ref: IND/Hegarty LLP/Aktiv Kapital/MBNA

                IND are, I believe, a debt collection agency.

                I would think that they are no longer part of the equation, as the alleged debt has been passed to a solicitor.

                The £10 mentioned above would be the fee required for a Subject Access Request via the Data Protection Act, I guess.
                As you haven't asked for this, don't worry about it for the time being.

                The most important thing is to acknowledge service of the claim, which you have done.

                I believe the CCA request, along with the £1 fee, goes to the new 'owner', AK.

                & the CPR 31.14 goes to the sols, with an advice that you have requested info as per CCA s77-79 from AK. (No harm in sending a copy of it; you do not need to send any payment to the sols, though).

                Make sure you get proof of sending (either email, or proof of postage via land mail).

                Btw, for clarity, when was the last time you acknowledged this debt, either by payment or in writing?
                CAVEAT LECTOR

                This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                You and I do not see things as they are. We see things as we are.
                Cohen, Herb


                There is danger when a man throws his tongue into high gear before he
                gets his brain a-going.
                Phelps, C. C.


                "They couldn't hit an elephant at this distance!"
                The last words of John Sedgwick

                Comment


                • #9
                  Re: Please help - very worried. Ref: IND/Hegarty LLP/Aktiv Kapital/MBNA

                  Charitynjw – thanks for your time

                  You mention that the new owner is AK – the address on the court claim for AK is in Switzerland.

                  The letter IND sent mentioned that they have appointed IND ltd to collect the balance on its behalf.

                  Address for sending docs and payments as per the court claim has Hegarty LLP.

                  I will be sending the CPR 31.14 to Hegarty.

                  Should I be sending the CCA request to Switzerland?

                  Last time a payment was made: im not exactly sure…but would be over 3 years ago….but not longer then 6 years….i would say 3-4 years ago

                  Thanks

                  Comment


                  • #10
                    Re: Please help - very worried. Ref: IND/Hegarty LLP/Aktiv Kapital/MBNA

                    sorry to hassle again - the 31.14 letter by FP has the following wording.....the claim against me is over 10k....what wording do i need to input.... thanks

                    Although your claim is for a sum which does not exceed £10,000.00 and thus in all likelihood it will be allocated to the small claims track once I deliver my defence, however as I am unable to lodge my defence at this moment, the case has not been allocated to a track for determination upon delivering a defence, as a consequence the provisions of CPR 27(2) have no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.


                    Comment


                    • #11
                      Re: Please help - very worried. Ref: IND/Hegarty LLP/Aktiv Kapital/MBNA

                      Originally posted by HB10 View Post
                      sorry to hassle again - the 31.14 letter by FP has the following wording.....the claim against me is over 10k....what wording do i need to input.... thanks

                      If your claim is for a sum which does not exceed £10,000.00 and thus in all likelihood it will be allocated to the small claims track once I deliver my defence, as I am unable to lodge my defence at this moment, & the case has not been allocated to a track for determination upon delivering a defence, as a consequence the provisions of CPR 27(2) have no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.


                      That paragraph is inserted to pre-empt them saying that if the claim is for less than £10k, it will be 'small claims', which is covered by CPR 27.

                      That's not so, as until the court allocates the claim to an appropriate track, CPR 31 is applicable anyway.

                      The slight rewording above should cover all bases.
                      CAVEAT LECTOR

                      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                      You and I do not see things as they are. We see things as we are.
                      Cohen, Herb


                      There is danger when a man throws his tongue into high gear before he
                      gets his brain a-going.
                      Phelps, C. C.


                      "They couldn't hit an elephant at this distance!"
                      The last words of John Sedgwick

                      Comment


                      • #12
                        Re: Please help - very worried. Ref: IND/Hegarty LLP/Aktiv Kapital/MBNA

                        I agree with Charity that something should be left in but I would take out the first line and amend slightly, as the actual amount claimed is £9k and goes over £10k with the interest.

                        thus;

                        As I am unable to lodge my defence at this moment and the case has not yet been allocated to a track, the provisions of CPR 27(2) have no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.
                        #staysafestayhome

                        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                        Received a Court Claim? Read >>>>> First Steps

                        Comment


                        • #13
                          Re: Please help - very worried. Ref: IND/Hegarty LLP/Aktiv Kapital/MBNA

                          Hi, thanks for your help guys - appreciated....sorry to post this message again....but could you help me here on where to send the CCA....AK in Switzerland? or IND....or better both?

                          You mention that the new owner is AK – the address on the court claim for AK is in Switzerland.

                          The letter IND sent mentioned that they have appointed IND ltd to collect the balance on its behalf.

                          Address for sending docs and payments as per the court claim has Hegarty LLP.

                          I will be sending the CPR 31.14 to Hegarty.

                          Should I be sending the CCA request to Switzerland?

                          Last time a payment was made: im not exactly sure…but would be over 3 years ago….but not longer then 6 years….i would say 3-4 years ago

                          Thanks

                          Comment


                          • #14
                            Re: Please help - very worried. Ref: IND/Hegarty LLP/Aktiv Kapital/MBNA

                            I think in this case the request should go to IND as AK are using them as agents, but cc a copy of your request (minus the payment) to Hegarty .
                            #staysafestayhome

                            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                            Received a Court Claim? Read >>>>> First Steps

                            Comment


                            • #15
                              Re: Please help - very worried. Ref: IND/Hegarty LLP/Aktiv Kapital/MBNA

                              Originally posted by Amethyst View Post
                              I think in this case the request should go to IND as AK are using them as agents, but cc a copy of your request (minus the payment) to Hegarty .
                              Sorted, lol!

                              & as (according to post #1) the return address for all docs is the sols, if it were me I would request that they passed the info onto their clients.
                              CAVEAT LECTOR

                              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                              You and I do not see things as they are. We see things as we are.
                              Cohen, Herb


                              There is danger when a man throws his tongue into high gear before he
                              gets his brain a-going.
                              Phelps, C. C.


                              "They couldn't hit an elephant at this distance!"
                              The last words of John Sedgwick

                              Comment

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                              SHORTCUTS


                              First Steps
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                              If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





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