Claim struck out - no documents - Procedure IND AKTIV KAPITAL

[cashbook]

The story so for Aktiv Kapital appoint IND.

they issue proceedings in respect of two credit cardss with MBNA aktival kaital bought the debt

The case reaches court i have made a sar request request for default notice notice of assignment statement credit agreement back in November 13

I have an acknowledgment my intial defence i have no knowledge of such debt no idea who these people are request case for claimant is struck out.Judge gives an IND a deadline to provide the said document they do not provide ie IND said documents but write to court for more time, never contact or copy me in.

I have have now pointed out on the order the judge states "time is of the essence " point out they have commenced proceedings without said documents , they have had a one month stay , not provided anything since november 2013 and stopping short of this is a "joke" gone back to the judge respectifully reminded him of the general order that without said documents i cannot complete my defence other than burden of proof at present not asked again for the claimants case to be struck out

any advice whats the chances ? why would a judge allow more time if he has already been specific with the claimant that time is iof the essence. Would appreciate some input i am putting up a fight given these DAC are simply buying debt at very low amounts and the adding interest and my policy at present is "no surrender "

I honsetly think the judge should say to the claimant you have had long enough , no struck out but obviously the claimant thinks they ave a case otherwise would have not wrote into court

Comments please. debt £10k combined on two cards "allegedly "

:incourt:

[mystery1]

Re: court Procedure IND AKTIVAL KAPITAL

What were the terms of the judges order ?

M1

[cashbook]

Re: court Procedure IND AKTIVAL KAPITAL

The judges order was very specific by 12.00am 6th February 2014 the claimant must provide credit agreement notice of assignment default notice statement and any other documents the Claimant relies upon. These documents to be served on the court and the defendant.

By 12.00 am 20th March 2014 The defendant should then serve a complete defence

I had submitted a defence back in November but made the point to the judge no documents had been provided my defence being no knowledge of such debt he states that in the event of the claimant providing the documents the defence sent in November would be struck out and would need to re submit a complete defence by 20th March 2014

The order issued by the judge also stated to all parties "time is o the essence " so to be fair he seems to be saying to the claimant produce the documents or else.

I have subsequently contacted the court to be told no documents but a letter requesting more time. I have simply wrote to the court saying the order specified a date , time of the essence,commenced proceedings without documents, changed solicitor now using IND not registrered with the law society and would respectfully request claimants case is struck out.

any comments would be appreciatec

[mystery1]

Re: court Procedure IND AKTIVAL KAPITAL

Did the Judge actually state their was a sanction for non compliance ?

M1

[cashbook]

Re: court Procedure IND AKTIVAL KAPITAL

No not at the moment but he did state time was of the essence

[mystery1]

Re: court Procedure IND AKTIVAL KAPITAL

In that case an application to the court would be advisable. Unless order.

M1

[mystery1]

Re: court Procedure IND AKTIVAL KAPITAL

http://www.bailii.org/ew/cases/EWHC/QB/2014/41.html

Line 1 should be included in your application

M1

[cashbook]

Re: court Procedure IND AKTIVAL KAPITAL

Firstly thank you for your help feel i am doing ok with the fight IND now dropped out of the Equation and now AKTIV Kapital taken things up N244 Form submitted 05th March 2014 one day before the previous Deadline requesting another extension for the claimant it reads " the order of the 6th February 2014 be amended as below using the courts power to grant relief from sanctions contained in 3.9 of the CPR.

AKTIV go onto request an extension to 4.00 31/03/2014 to serve the docs ie Credit agreement Default Notice Notice of Assignment and me the defendant shall file a defence by 4.00 14th April 2014.

AKTIV have not requested a hearing - The Good News The judge has now issued a Notice of Hearing at 10.0AM 08/04/2014.

So can you help given I am Litigant in person my first observation the 08/04/2014 will be post the date that Aktiv should and no doubt will have had to serve the said documents, even if they do I dont have to respond given the Judge has said he wants a hearing to decide on this.

Could you suggest the steps I should take I want this struck out they commenced proceeding back on the 4th November 2013 obviously without any documents this has been my defence which i have re enforced to the court.

Presumably I go along to the Hearing keep quiet listen to the judge and respectively point out who are we dealing with IND AKTIV KAPITAL HEGARTY SOLICITORS the dates remind the judge they have presented nothing but use up an inordinate amount of court time and indeed if they produce the docs - say the Judge these documents have not been considered given i am requesting the case is struck out, your inital judgement stated time was of the essence and the claimant's only response has been to make an application notice for a further extension having had a one month stay.

The fact the judge has stated a hearing is a good thing because they are being called to explain things which is further cost and inconvenience to the claimant.

Anybody with a legal background would be appreciated,need some help now

[mystery1]

Re: court Procedure IND AKTIVAL KAPITAL

I disagree. You study Mitchell and ask for any order to be an unless order. It might be you need to say nothing and if a judge has demanded a hearing that might well be correct but be prepared to complain about the delays and the fact they broke the previous order.

M1

[cashbook]

Re: court Procedure IND AKTIVAL KAPITAL

Thank you for your reply I am confused you say "you disagree" I assume that "you disagree to the assessment that I feel its a good thing the judge has requested a hearing.

I understand its difficut to simply get a claimants case "struck out" However given the claimant has failed to meet the terms of the original order and the hearing is about relief from sanctions, i agree i am proposing to say nothing until the judge speaks to me. i will read the mitchell case the only other point bothering me is if we do get to the 8th April and the claimant has since produced all the required docs, to date they haven't, hence the hearing and been waiting since 08/11/2013, then again proposing to say to the judge yes i have now received the docs, subject to the agreement of relief from sanctions i now need time to submitt a complete defence.

Thank you for your help but given litigant person i confirm the judge has served notice of a hearing, i will be polite and quiet, listen, speak when spoken to, in any event the way i read it, if the claimant has not served the docs by the hearing date then surely i can reinforce my request to ask the judge to strike out the case.

Your further comments would be appreciated

[teaboy2]

Re: court Procedure IND AKTIVAL KAPITAL

Did you do as M1 suggested previously i.e. Did you apply for the unless order?

[Amethyst]

Re: court Procedure IND AKTIVAL KAPITAL

Bit odd for Hegarty to apply for 'relief from Sanctions' and a hearing held regarding 'relief from Sanctions' if there were no sanctions in the order. Their application says [quote the order of the 6th February 2014 be amended as below using the courts power to grant relief from sanctions[/quote]

But the order only says

by 12.00am 6th February 2014 the claimant must provide credit agreement notice of assignment default notice statement and any other documents the Claimant relies upon. These documents to be served on the court and the defendant.

By 12.00 am 20th March 2014 The defendant should then serve a complete defence

Is that EVERYTHING on the order ??

Where is this from?

he states that in the event of the claimant providing the documents the defence sent in November would be struck out

The order issued by the judge also stated to all parties "time is o the essence " so to be fair he seems to be saying to the claimant produce the documents or else.

as it isn't on that order.

Not butting in (well a llitte sorry) I just think we're missing a bit of info somewhere along the line. The Defendant wrote to the court after the order above's Feb 6th deadline by letter asking for a strike out, so I'm wondering if there is a further order, which the Claimants have subsequently applied for sanctions relief from.

[mystery1]

Re: court Procedure IND AKTIVAL KAPITAL

Sorry i obviously didn't read properly. I don't disagree as i thought now i've reread your post.

It is their problem if they have applied for relief from sanctions. This means they have to persuade the court that there is a very good reason or the breach was trivial.

I suggest you study http://civillitigationbrief.wordpres...les-and-posts/ with reference to Mitchell.

If the claim is above the £10k small claim threshold then i suggest a free consultation call with http://www.qualitysolicitors.com/how...le/paul-tilley

Wally, who was in a similar process, was delighted. http://www.legalbeagles.info/forums/...ighlight=wally


M1

[cashbook]

Re: court Procedure IND AKTIVAL KAPITAL

I did not apply for a "unless order " I need to read up on that procedure I did write to the court respectfully reminding the judge of the order and time was of the "essence " an it would appear the claimant had not provided the docs ie credit agreement, defaults notice, notice of assignment.

I assume I cannot do anything else now given his notice reads the hearing of the claimants application for relief will take place on the 8th April 2014 at ----- Court.

if I have got this wrong let me know see other replies to this thread

[cashbook]

Re: court Procedure IND AKTIVAL KAPITAL

Yes I will do that and also from a communication point of view they start with Hegarty Change solicitor to IND then now the notice the application notice has been made by an External account manager individual name by Aktiv Kapital the claimant, not the orgainisation last noted to the court IND. They sarted this 4th November 2013 and now 17th March 2014 still nothing i quote " The claimant can confirm that they are in the process of recoveringcopies of the original documents from the debt owner.