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

[HB10]

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 29^th Oct 2013 – would I need to include this?

[HB10]

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 ?

ive copy and pasted part of the order - pdf attached

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

[Amethyst]

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.

[HB10]

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

yes i will do a witness statement

shall i ignore the other docs as mentioned in post 406?

whats the best way to label exhibits? a plane sheet of paper with exhibit number before each one?

[HB10]

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

my witness statement is similar to the defence i sent in...is that fine?

do i need part 8 and 9 in this witness statement?

also im not sure how to put in the account statements and defence part into the witness statement....

would appreciate some help on t his... thanks again

[Amethyst]

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

Just slot in the exhibits in date order within the rest of the document and expand on them a little more.

so 5 is the witness state - add the date and exhibit ref
para 7 you mention the s 78 request
para 8 you mention the default notice
add in a para for the account statements - where they came from and what they show
add in your last witness statement and the order from DJ Davies


and yes keep paras 8 and 9 in xx

and yes I'd add these in as well - the notice of assignment and the LBA in the relevant date order.

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

Labelling Exhibits - yes you are meant to do a sheet of paper as a header sheet for each exhibit with the case title and number on, and title of the exhibit

[HB10]

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

account statement i put first - due to the date received? is that correct? - just wondering if it looks right starting with that - pdf attached

im not sure how to add notice of assignment and LBA - ie what to write and where to slot in... these were received with the bank statements - ie through cpr request

[HB10]

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

do i need to add the defence i had sent in?

[HB10]

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

hi, im away from 10.30 tomorrow morning.... looking to mail away before then.....any help to finalise would be most appreciated.... thanks,

[Amethyst]

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

I'm just going through it now xxx

[Amethyst]

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

Hiya, I've just switched about a little to make it more 'witness statementy' - changed The Defendant to I / me etc as a WS is spoken in the first person and hopefully made it tell the story of the claim a little more.



1. I xxxxxxxxxxx of xxxxxxxxxxxxxxxxxxxxxx being the Defendant, am a litigant in person in this case. I make this Witness Statement in support of my Defence.

2. I contend that the debt claimed is statute barred pursuant to the provisions of Section 5 of the Limitation Act 1980. The claim appears to be based on simple contract and an excess of 6 years have elapsed since any cause of action may have accrued. The claim that the Claimant's are entitled to payment of £9,002.75 plus interest, or any other sum, or relief of any kind, is denied.

3. The Claimant's contend that the debt is not statute barred however have produced no evidence to back up this contention, despite being ordered to so, twice, by District Judge Reed ( see paragraph 4 and 10 below)

4. On 9th April 2014 I received from the Claimant two account statements dated 12th December 2009 and 15th January 2007. Account statement dated 15th January 2007 [ Exhibit 1 ] shows the last payment was made to the account on 21st December 2006 [ Exhibit 2 ]

5: I received the Court Claim in this case on 20th November 2013.

6. On 25th April 2014, following an application made by myself for disclosure of documents, an application hearing was held.

7. At this hearing, District Judge Reed ordered that “The claimant shall file and serve a copy of the statement showing the last payment by the defendant to the accounts by 4pm on 9th May 2014”. [Exhibit 3 – 25th Apr 2014]

8. The Claimant tried to circumvent District Judge Reed's order by submitting a Witness Statement [Exhibit 4] and a copy of a Default Notice.[Exhibit 4a – 7th May 2014]

9. I applied again to the court [Exhibit 5 – 2nd Jun 2014] and a further hearing was held with Deputy District Judge Davies at Leicester county court.

10. DDJ Davies ordered that “the claimant shall by 4pm on 14th July 2014 comply with paragraph 1 of the order of April 25th 2014. In the event it is not complied with, it will be assessed that the last payment made was at last 6 years ago”. [Exhibit 6 – 23rd Jun 2014]

11. The Claimant has sent a Witness Statement again but has not filed a statement as required by the judge’s order. Consequently the court order is that the last payment is assumed to be at least 6 years ago. [Exhibit 7 – 11th Jul 2014]

12. I sent a request to the Claimant pursuant to section 78 of the Consumer Credit Act 1974 [Exhibit X]. The Claimant failed to send a signed statement as they are obliged to do and therefore s78(6) makes any debt unenforceable while their default continues.

13. The Claimant relies on a Default Notice [Exhibit 4a – 7th May 2014] which states ''the provision of the agreement that has been breached is paragraph 8''. However paragraph 8 of the copy of the alleged agreement [Exhibit X] ] supplied in relation to my 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).

14. The Claimants attempts at claiming post judgement interest are an attempt at unjust enrichment. The Defendant refers to s74 County Courts Act 1984 and section 2 of the County Courts (Interest on Judgement Debts) Order 1991 as a statutory bar on the Claimants claim to interest. Furthermore no contract entitling the Claimant to post judgement interest has been adduced in evidence and accordingly there is no entitlement to post judgement interest. Interest being owed as claimed is denied.

[HB10]

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

Thanks Amethyst for the above - made the changes - attached - just a few things before i complete and send off

1 - exhibit 9 - copy of agreement - the one they have given as signed is not even complete - only up to paragraph 2 - although they do provide a copy of terms and conditions after - best to send both in?

2 - notice of assignment and LBA - not including this? notice of assignment - has no names etc - poor quality of evidence sent by them?

thanks again for the support - very much appreciated.

[Amethyst]

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

I think it is best to have it in, yes. Sorry I forgot the NOA last night.

only need to put ''The Claimant sent me a copy of the alleged Notice of Assignment on xxxxxxxx [EXHIBIT X]'' - don't worry about the LBA (unless it makes them look bad of course )

[HB10]

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

I think it is best to have it in, yes. Sorry I forgot the NOA last night.

only need to put ''The Claimant sent me a copy of the alleged Notice of Assignment on xxxxxxxx [EXHIBIT X]'' - don't worry about the LBA (unless it makes them look bad of course )

shall i just add it after part 4 - ie acc statements

ie as NOA was sent with the statements.... or just include it in the same paragraph....

thanks

[Amethyst]

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

I think new paragraph for it xx