Akiv Kapital Portfolio AS V Zaggacom

[zaggacom]

Date of Issue 1/4/14

Date of Service 3/4/14

Particulars of Claims.

The Claimant is an Assignee of thefollowing debts, Notice of assignmenthaving been given to the Defendent in writing.
MBNA Platinum Plus 5,400.00
Account Number XXXXXXXXXXXXXXXX

Despite demands for payment, the above sum remains due.

The claimant therefore claims the sum of £5,400.00, interest under s.69
County Courts Act 1984 and costs.

The account was opened in 2002, and I last made a payment in 2009, I did a CCA request back in 2009 and they supplied an original copy of the credit agreement, which was signed, but did not have the prescribed terms and also parts are illegible, I took the case to the Financial Ombudsman in 2010, who advised although they could not uphold my claim that it was unenforceable, they advised it may not be legally enforceable in court, so I decised to sit tight and see what they would do, eventually it was passed to Akiv kapital who eventually did a bulk processed county court summons on me.

I have done a CCA request on 7th April, to Akiv Kapital, to their address in Zug, Switzerland and to their UK Address, and done a CPR request to the Solicitors Wright Hassal.

[mystery1]

Re: Akiv Kapital Portfolio AS V Zaggacom

Wait the 7 days for the 31.14 request then give them grief.

The particulars of claim are poor so you really should contact them and ask them to replead. I'm not convinced the case, as pleaded, actually has a cause of action.

M1

[zaggacom]

Re: Akiv Kapital Portfolio AS V Zaggacom

Thanks for the reply, what does, ask them to replead, mean, how do I do that, what do you mean, that you are not convinced the case has a cause of action, I am new to this so do not understand all the terms and jargon?

[zaggacom]

Re: Akiv Kapital Portfolio AS V Zaggacom

thanks

[ncf355]

Re: Akiv Kapital Portfolio AS V Zaggacom

M1,

this is very similar to the pleadings aginst me, so I'd also be intrgued to hear how you feel their POC is poor?

[mystery1]

Re: Akiv Kapital Portfolio AS V Zaggacom

To plead is to make a statement of case. To ask them to replead is to ask them to do them again.

A statement of case should contain enough to explain the claim but not a full argument. Essentially if you read the statement of case anyone should have an idea why the case was started and on what basis. http://www.justice.gov.uk/courts/pro...es/part16#16.2 All they say is you owed money to people who sold the debt to us and we want it. No cause of action.

In the particulars of claim you posted they say the sums remain due. However it does not say what the sums are (hp, fixed sum, running credit) nor does it say whether you have breached any agreement, have been pursued due to default or a contractual termination.

To do this you first need to ask them via any means although phone is quickest. Then if they refuse you can apply to the court.

M1

[zaggacom]

Re: Akiv Kapital Portfolio AS V Zaggacom

I have done the cpr request , maybe i should wait to see what they send me?

[mystery1]

Re: Akiv Kapital Portfolio AS V Zaggacom

That's probably best, for you, now.

I suspect it'll be nothing that they send you though.

M1

[zaggacom]

Re: Akiv Kapital Portfolio AS V Zaggacom

I have received a reply to my CPR request from the Solicitors, they advise they have sent the request to the claimant but it may be a number of weeks for them to obtain the documents from the original vendor, and they will endeavour to provide me with documents as and when they receive them from their client.

They also have offered me a reduced sum to pay now of £4,200 without prejudice, I dont have that amount of money, but my parents could let me have £3,500 I wonder if they would accept that!

What to do now, sounds like they will not be able to get the documents before my date to get a defence in which is around the end of April, not sure what to do now, any help would be appreciated.

[mystery1]

Re: Akiv Kapital Portfolio AS V Zaggacom

I have received a reply to my CPR request from the Solicitors, they advise they have sent the request to the claimant but it may be a number of weeks for them to obtain the documents from the original vendor, and they will endeavour to provide me with documents as and when they receive them from their client.

Usual b0llocks. The rules do not allow for this. Indicates a decent chance of strike out following an almost inevitable unless order application.

They also have offered me a reduced sum to pay now of £4,200 without prejudice, I dont have that amount of money, but my parents could let me have £3,500 I wonder if they would accept that!

Possibly, you can only ask. Also indicates that they have issues.When does the offer expire ?

What to do now, sounds like they will not be able to get the documents before my date to get a defence in which is around the end of April, not sure what to do now, any help would be appreciated.

Horses for courses. For some it's correct to settle for others it's worth the risk of going forward with the action.

M1

[zaggacom]

Re: Akiv Kapital Portfolio AS V Zaggacom

Thanks, If i want to carry on, shall i send them a letter asking for an extension for the defence, something like this copied from another letter.

"I am unable to lodge my defence and/or counterclaim at this moment as I have no information regarding the alleged debt. If you require more time in which to comply with this request you must tell me in writing and state a date by when you will comply with this request. In addition I require a statement that you agree to an extension of the time for me to file my defence. 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 unwilling to comply with my request for specific disclosure please inform me and I will consider entering an application to the court to obtain such.
I look forward to hearing from you within the next 7 days.
Yours sincerely"

The offer for reduced payment is for 14 days,

[mystery1]

Re: Akiv Kapital Portfolio AS V Zaggacom

Just phone them and ask for 28 days. Get them to email confirmation so you can forward it to the court.

M1

[zaggacom]

Re: Akiv Kapital Portfolio AS V Zaggacom

thanks, i will email them, so it is then in writing.

[zaggacom]

Re: Akiv Kapital Portfolio AS V Zaggacom

I have received a reply to my email, asking for and extension of time for them to send me the documents, they agree but say they cannot send me the default notice as this is not required, apparently, also as it will go to the small claims, they do not have to comply with my cpr request, I have copied in the reply below.

What do i do now, just wait to see what they send, or do i need to notify the court in some way?


"Thank you for your email, the contents of which we have noted.

We would refer you to the fact that in our letter of 8th April 2014 we indicated that it would take a number of weeks to obtain the documents relating to your account. As such, we will not be able to comply with your request within the next 7 days.

At this stage, we can provide you with the following details about the account to which this claim relates:

• The claim relates to an MBNA Platinum Plus Credit Card (account numberxxx xxxx xxxx xxxx) which you opened on 18th September 2002;

• You defaulted on your repayment obligations on this account on 30th September 2009;

• After the account remained in default, it was assigned to Varde Investments (Ireland) Limited and then to our client on 3rd March 2012.

We would also state that as the claim is for less than £10,000.00 it is very likely that it will be allocated to the small claims track. You should be aware that CPR Part 31, the part of the CPR under which you have made your request, does not apply to small claims and as such we have no obligation to comply with it.

Finally, we would also state that requests under CPR Part 31.14 are limited to documents referred to in the statements of case. As we have not referred to the Default Notice in our statement of case we are specifically under no obligation to provide this document to you.

We will endeavour to provide supporting documentation to you as soon as possible but cannot give you a specific date by when this will be received.

We will of course delay the time for you to file your defence until we have provided you with sufficient documentation to file a defence.

Yours sincerely"

[mystery1]

Re: Akiv Kapital Portfolio AS V Zaggacom

They are wrong on cpr 31 but ignore this for the moment.

Reply and ask them " are you in agreement to extend the period for filing my defence under cpr 15.5 until xx/xx/xxxx"

Then when you get that you need to forward it to the court along with your own note.

M1