CPR/defence timescales

[abducted51]

Hi all, i'm creating this thread in response to posting in someone else's thread a little further down the page.

The credit card account being discussed is with MBNA and according to my Noddle/Credit Expert file was opened in 2006. I'm pretty sure this would have been taken out online. It seems it was transferred to Expero Credite in 2010, as I have a letter from them dated Oct 2010. Since then I've received letters from Experto, Credit Management Consultants and Aktiv Kapital.

End of October I received a letter from IND Ltd titled 'Last letter before legal proceedings' informing that AK had appointed IND to collect on its behalf and I had until 12/11/2013 to pay off the £5xxx in full before a claim form would be issued in Northampton CC.

4/11/13 I CCA'd Aktiv Kapital and IND plus also sent a SAR request to MBNA.

Aktive responded immediately with a letter stating that whilst they endeavor to obtain documents within prescribed time scales, they may be unable to do so as they are not the original creditor and that my account is on hold and has been removed from the collection process.

No response from IND or from MBNA with regard to the SAR.

2/12/2013 Received an N1 from Northampton(CCBC).

7/12/2013 received CCA response from INDLtd. Envelope contained a cover letter with a case number on it, informing they've enclosed the documents I requested. Also included are 5 photocopied/scanned pages of what looks like a Credit Card Agreement, and photocopies/scans of statements from Sept 09 to Jan 2010. Why such a limited time frame when the card was taken out in 2006, I have no idea?!

20/12/2013 I sent my Acknowledgement of Service and my intention to defend via email and have a response confirming receipt.

Does the Christmas/New Year period effect the timescale for my defence and ability to CPR Hegarty? Does the timeframe go on 'working days'?

Thanks in advance.

[Gorang]

Re: CPR/defence timescales

Hi all, i'm creating this thread in response to posting in someone else's thread a little further down the page. Thank you as this will give us a clearer picture of what has happened and when

The credit card account being discussed is with MBNA and according to my Noddle/Credit Expert file was opened in 2006. I'm pretty sure this would have been taken out online. It seems it was transferred to Expero Credite in 2010, as I have a letter from them dated Oct 2010. Since then I've received letters from Experto, Credit Management Consultants and Aktiv Kapital.

End of October I received a letter from IND Ltd titled 'Last letter before legal proceedings' informing that AK had appointed IND to collect on its behalf and I had until 12/11/2013 to pay off the £5xxx in full before a claim form would be issued in Northampton CC.

4/11/13 I CCA'd Aktiv Kapital and IND plus also sent a SAR request to MBNA Send a CCA to MBNA as well if they are the OC

Aktive responded immediately with a letter stating that whilst they endeavor to obtain documents within prescribed time scales, they may be unable to do so as they are not the original creditor and that my account is on hold and has been removed from the collection process.

No response from IND or from MBNA with regard to the SAR. MBNA have 40 days to comply with the SAR



2/12/2013 Received an N1 from Northampton(CCBC).

7/12/2013 received CCA response from INDLtd. Envelope contained a cover letter with a case number on it, informing they've enclosed the documents I requested. Also included are 5 photocopied/scanned pages of what looks like a Credit Card Agreement, and photocopies/scans of statements from Sept 09 to Jan 2010. Why such a limited time frame when the card was taken out in 2006, I have no idea?!

20/12/2013 I sent my Acknowledgement of Service and my intention to defend via email and have a response confirming receipt.Good work

Does the Christmas/New Year period effect the timescale for my defence and ability to CPR Hegarty? Does the timeframe go on 'working days'? No actual days

Thanks in advance.

Lets see If I have this all correct

MBNA is the OC (original Creditor)
AK is acting on MBNA's Behalf
IND are acting on behalf of AK

End Oct IND send a LBA to you
4th Nov you send CCA to AK who reply quick with "they are not the OC and account is on hold until they comply with request"
4th Nov you send CCA to IND
4th Nov you send SAR to MBNA

2nd Dec you get the summons with Hegarty as the solicitor acting on behalf of........ who is the claimant????

7th Dec you get response from IND to your CCA, giving you,

Envelope contained a cover letter with a case number on it, informing they've enclosed the documents I requested. Also included are 5 photocopied/scanned pages of what looks like a Credit Card Agreement, and photocopies/scans of statements from Sept 09 to Jan 2010.

What is the date on the Credit Card Agreement they sent??

20th Dec you acknowledge you will defend in full
Your defence or application needs to be in on the 4th Jan (from what you said on HB10's thread)

Have I got all this correct????

What is the wording used on the POC Box of the summons??
You said on HB10's thread that this is not Statute Barred

When did you stop paying into this account and why???
Is this a small claim under £5k or £10k

If MBNA are the OC and the claimant then get a CCA request sent to them
Also send a CPR 31.14 sent to Hegarty

[Gorang]

Re: CPR/defence timescales

Also

Have you phoned and confirmed with the court what date you need to have something in by

If not then do this today so there is no mistake with it being hol time

[abducted51]

Re: CPR/defence timescales

Lets see If I have this all correct

MBNA is the OC (original Creditor) Yes
AK is acting on MBNA's Behalf Yes
IND are acting on behalf of AK Yes

End Oct IND send a LBA to you Yes
4th Nov you send CCA to AK who reply quick with "they are not the OC and account is on hold until they comply with request" Yes
4th Nov you send CCA to IND Yes
4th Nov you send SAR to MBNA Yes

2nd Dec you get the summons with Hegarty as the solicitor acting on behalf of........ who is the claimant???? Aktiv Kapital Portfolio as Zug

7th Dec you get response from IND to your CCA, giving you,
What is the date on the Credit Card Agreement they sent?? 18/06/2006

20th Dec you acknowledge you will defend in full
Your defence or application needs to be in on the 4th Jan (from what you said on HB10's thread)

Have I got all this correct?Yes, correct

What is the wording used on the POC Box of the summons?? The claimant is the Assignee of a debt(s) due in relation to a/various Credit Agreements regulated by the Consumer Credit Act1974 entered into between MBNA Europe Bank Ltd and the Defendant. Notice of Assignment was provided to the Defendant by the Claimant in writing. The agreement was terminated upon the defendant failure to comply with the terms of the Agreements and or the Statutory notice of Default served by MBNA Europe Bank Ltd. The claimant complied with Section III and IV and annex B of the PD of the Pre-Action Conduct.
And the claimant claims:
Credit card account number XXXXXXXXXXXXXXXX balance of £5xxx as of 30/01/10. interest under s69 of the County Court Act 1984 at the rate of 8% a year from the default date to 2/12/13 of £1xxxx and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of 1.31 AND costs.

You said on HB10's thread that this is not Statute Barred I dont think I said this. I have no way of knowing if this is statute barred as I do not know when the last payment to MBNA was made and they have not responded to my SAR request. I'm pretty sure I have not made any payments to any DCA's.

When did you stop paying into this account and why?? Last payment I have evidence of is Oct 06. Have a copy of a bank statement from this time showing a payment. No longer bank with this bank and have no later statements to hand. Got in some pretty rough financial difficulty and stopped paying my monthly payments. Have other debts that are currently with DCA's but not as far along as this one.
Is this a small claim under £5k or £10k More than 5k but less than £10k

If MBNA are the OC and the claimant then get a CCA request sent to them
Also send a CPR 31.14 sent to Hegarty

Do i have enough time for this? I can get both these documents printed today but I'm pretty sure the Post Offices are now closed until Friday 27th. If I post Friday and they receive Saturday with 7 days to respond that takes us up to the 4th when my defense needs to be submitted.

[abducted51]

Re: CPR/defence timescales

Also

Have you phoned and confirmed with the court what date you need to have something in by

If not then do this today so there is no mistake with it being hol time

Will do this now.

Thank you

[abducted51]

Re: CPR/defence timescales

Just rang the court. Deadline for defense is 4th Jan.

I have no idea what my next step is now. How can I get a CPR31 off to Hegarty, get a response and submit my defense all by the 4th Jan? Pretty worrying Christmas

[Gorang]

Re: CPR/defence timescales

So Akitve are the claimant but yet they said this

Aktive responded immediately with a letter stating that whilst they endeavor to obtain documents within prescribed time scales, they may be unable to do so as they are not the original creditor and that my account is on hold and has been removed from the collection process.

and they still have NOT complied with your CCA, is that right??

If it is they are a bunch of cheeky beggers

You said on HB10's thread that this is not Statute Barred I dont think I said this. I have no way of knowing if this is statute barred as I do not know when the last payment to MBNA was made and they have not responded to my SAR request. I'm pretty sure I have not made any payments to any DCA's.

Sorry wrong thread and person I was thinking of at the time of posting my reply to you

When did you stop paying into this account and why?? Last payment I have evidence of is Oct 06. Have a copy of a bank statement from this time showing a payment. No longer bank with this bank and have no later statements to hand. Got in some pretty rough financial difficulty and stopped paying my monthly payments. Have other debts that are currently with DCA's but not as far along as this one.

So this could well be statue barred then hence why they only supplied you statement copies going back 4 years

Send the CPR 31.14 (to the sols) as soon as you can, so they get it soon as, then after Xmas phone them to see if they are working
If they are working then ask them for a CPR 15.5 28 day extension for you filing your defence, if they say no then remind them that Aktive has STILL not fulfilled your CCA request and as the CCA1974 s77(6)(a) says

(6) If the creditor under an agreement fails to comply with subsection (1)—
.

(a) he is not entitled, while the default continues, to enforce the agreement;

If they agree then make sure that you get them to email you conformation that they agree to a 28 day extension and get them to put a date on the email of when the extension is up

then you need to email the court saying you and claimant agree to xx days extension and also forward the their conformation email to the court


If they are not working then we can look at what options are open to you

What ever you do, DO NOT let your date with the court lapse, as if you do then they could win by default

I have to go out now and prob will not be on for a couple of days but any other questions then just post up as someone will be around to answer

[Gorang]

Re: CPR/defence timescales

Just rang the court. Deadline for defense is 4th Jan.

I have no idea what my next step is now. How can I get a CPR31 off to Hegarty, get a response and submit my defense all by the 4th Jan? Pretty worrying Christmas

PLEASE enjoy your Xmas as there ARE options available if you get NO responses to any requests

a couple of them are, you can either get them to agree to an extension for time or you can make an application to force them to comply and there are others too so please don't worry

so as you see there IS options available for you to do by the 4th so all can be dealt with AFTER Xmas, so PLEASE enjoy your Xmas and we will evaluate everything between Xmas and New Year

All is NOT as dark as it seems

EDIT

But yes send the CPR 31.14 request as soon as you can and send via Special delivery if you can afford it, so they get it asap and you have proof of delivery from the track and trace

[mystery1]

Re: CPR/defence timescales

You need to ask for an extension.

http://www.justice.gov.uk/courts/pro...es/part15#15.5

M1

[Gorang]

Re: CPR/defence timescales

I was thinking about your thread today and there is one other thing you could do

When did you stop paying into this account and why?? Last payment I have evidence of is Oct 06. Have a copy of a bank statement from this time showing a payment. No longer bank with this bank and have no later statements to hand. Got in some pretty rough financial difficulty and stopped paying my monthly payments. Have other debts that are currently with DCA's but not as far along as this one.

The account you were paying this debt from, would that of been the only account you would of paid this debt from???
If it is, then it could be worth while sending a SAR to get your statements for that account too, especially if you think there could be more statements for that account.

Yes the SAR can take 40 days but you may get lucky and get them quicker

Could be worth a try to confirm when the last payment was made to this debt.

As claimants have been known to Paul Daniels printouts with payments on them, but if you can show the judge statements then you stand a better chance of getting the judge to make the claimant prove the printouts

Personally I would get that SAR sent as soon as I could to get that ball rolling too

[abducted51]

Re: CPR/defence timescales

You need to ask for an extension.

http://www.justice.gov.uk/courts/pro...es/part15#15.5

M1

Can I do this with a telephone call, get them to send me an email to confirm the extension, then forward this to the court?

Thank you.

[abducted51]

Re: CPR/defence timescales

I was thinking about your thread today and there is one other thing you could doThe account you were paying this debt from, would that of been the only account you would of paid this debt from???
If it is, then it could be worth while sending a SAR to get your statements for that account too, especially if you think there could be more statements for that account.

Yes the SAR can take 40 days but you may get lucky and get them quicker

Could be worth a try to confirm when the last payment was made to this debt.

As claimants have been known to Paul Daniels printouts with payments on them, but if you can show the judge statements then you stand a better chance of getting the judge to make the claimant prove the printouts

Personally I would get that SAR sent as soon as I could to get that ball rolling too

I will do this today and get it posted tomorrow along with the CPR31.14 I have to send to the solicitors. Would it be worth phoning the solicitors tomorrow and trying to get an extension agreed or will I have to wait till they've received my CPR31.14?

[abducted51]

Re: CPR/defence timescales

Can someone check over the wording in my CPR31.14 please?

CPR31.14 Request

On xx/xx/xxxx I received the Claim Form in this case issued by you out of the Northampton County Court

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim:

1: the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing.Further, that any general conditions incorporated in the contract should also be attached.

2: the assignment

3: the default notice

4: the termination notice

[Although your claim is for a sum which is not more than £10,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defense, at this moment in time I have not delivered my defense and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter.Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

Where I have mentioned a document and there is in your possession more than one version of that same
document owing to a modification, obliteration or other marking or feature,each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defense. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

I do hope this will not be necessary and look forward to hearing from you.

[Gorang]

Re: CPR/defence timescales

Can I do this with a telephone call, get them to send me an email to confirm the extension, then forward this to the court?

Thank you.

Yes and make sure they confirm the date that the extension takes you too

[Gorang]

Re: CPR/defence timescales

I will do this today and get it posted tomorrow along with the CPR31.14 I have to send to the solicitors. Would it be worth phoning the solicitors tomorrow and trying to get an extension agreed or will I have to wait till they've received my CPR31.14?

If they don't agree to an extension then we will need to choose another application to submit to the court, but we can cross that bridge when/IF we come to it

EDIT

Yes phone the sols tomorrow and let them know that a CPR 31.14 is being/been posted to them and at the same time ask for the extension