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

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  • #421
    Re: Please help - very worried. Ref: IND/Hegarty LLP/Aktiv Kapital/MBNA

    sorry quick question - witness statement is completed with the exhibits....do i need to send a cover letter with the list of the docs?

    Comment

    • #422
      Re: Please help - very worried. Ref: IND/Hegarty LLP/Aktiv Kapital/MBNA

      You can do, would make it easier to refer to than reading through the WS to find them.
      #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

      • #423
        Re: Please help - very worried. Ref: IND/Hegarty LLP/Aktiv Kapital/MBNA

        Have you made a " skeleton argument sheet",

        Bullet points of everything you wish to put be fore the court, one attached to the bundle, one foe the claimant, one for you.

        Comment

        • #424
          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
          #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

          • #425
            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.
            Attached Files
            • 1 thank

            Comment

            • #426
              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.
              #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

              • #427
                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.
                #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

                • #428
                  Re: Please help - very worried. Ref: IND/Hegarty LLP/Aktiv Kapital/MBNA
                  #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

                  • #429
                    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
                    • 1 thank

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                    • #430
                      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.
                      Attached Files
                      #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

                      • #431
                        Re: Please help - very worried. Ref: IND/Hegarty LLP/Aktiv Kapital/MBNA

                        Originally posted by Amethyst View Post
                        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

                        Comment

                        • #432
                          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 ?
                          #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

                          • #433
                            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

                            Attached Files
                            #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

                            • #434
                              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

                              Comment

                              • #435
                                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.
                                • 2 likes

                                Comment

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