Akiv Kapital Portfolio AS V Zaggacom

[zaggacom]

Re: Akiv Kapital Portfolio AS V Zaggacom

I have emailed the sols, with reference to the above on the 22nd April, as advised, but the emails are all coming back as undelivered, funny how they seem to be rejecting my emails, do you think this is a tactic done on purpose, anyway I have written to them by normal post , and completed a message on their contact page on their website, is this normal for them to reject my emails?

[mystery1]

Re: Akiv Kapital Portfolio AS V Zaggacom

Phone them and you'll find out if they are having "technical issues" or deliberately wasting your time. You'll get another address if needed too.

M1

[zaggacom]

Re: Akiv Kapital Portfolio AS V Zaggacom

Do you think I should complete form N244 to advise the courts they are unable to comply with my cpr request, does this force the case to be struck out if they cannot supply the docs i.e credit agreement and default notice? what about if the credit agreement and default notice is not actually mentioned in the particulars of claim, just the account number? do they have to supply these docs within 7 days if I do the N244?

[zaggacom]

Re: Akiv Kapital Portfolio AS V Zaggacom

They have replied to my email now finally, but they just advise they are waiting for the documents, and there is nothing they can do to hurry it up. Do I go for the N244 form to the court advising that they have not complied with the cpr 31 request?



Aktiv Kapital Portfolio AS Zug Branch – v – Jonathan McCloskey
Claim Number: XXXXXXXX

We cannot see how we can be of any more assistance to you. We have stated that we have requested supporting documents from our client including copies of the Agreement and Notices of Assignment. We should receive these in the next few weeks and will pass the same on to you once we receive them from our client. At this point, all we can state that the claim relates to your MBNA Platinum Plus credit card account which was opened by you on xxxxxxxxxx 2002 with original account number xxxxxxxxxxxx. You defaulted on the repayment terms of this account on 30^th September 2009 and the account was subsequently assigned to our client on 3^rd March 2012.

Your previous letters strongly suggest that you know what this claim relates to, not least your offer to settle this matter for a lump sum payment coming from your parents. As you seem to be willing to settle the matter you must have a basic understanding of the circumstances which have given rise to this claim. We would therefore suggest that you have enough information to file a defence to this claim. You are, of course, free to bring up any of the points you have previously raised in your defence.

We would state that we issue all our claims in bulk electronically through the County Court Business Centre (formerly the Northampton County Court Bulk Centre) and as such we cannot attach copies of agreements to our clients’ claims when we issue them. The character limit on our statement of case would obviously preclude us from typing out the entire agreement.

Once this claim is allocated to the small claims track the Court will give directions for the disclosure of documents and we will endeavour to comply with such directions when the time comes. Until then we can do little more than to reiterate that we will provide you with the documents you have requested as soon as we obtain them but nothing is preventing you from filing a defence to the Court in the meantime.

[mystery1]

Re: Akiv Kapital Portfolio AS V Zaggacom

That's what i'd do although note the cost is now £155 for a hearing.

M1

[zaggacom]

Re: Akiv Kapital Portfolio AS V Zaggacom

Do you have to have a hearing, how much is it without a hesaring, and do I have to go to Northampton to attend a hearing? Also do I have to put a cheque in with the n244 form, or do the other side have to pay if i am successful,

Also is there any threads you know about where this strategy has worked and the case has been struck out?

I have not done this before so i am scared of getting it wrong

thanks for any help

[mystery1]

Re: Akiv Kapital Portfolio AS V Zaggacom

Do you have to have a hearing

No. It is better though.

how much is it without a hesaring

£50.

and do I have to go to Northampton to attend a hearing?

No. Local court. Northampton is just the processing place.

Also do I have to put a cheque in with the n244 form

You can also pay by phone until 15:15 each day.

or do the other side have to pay if i am successful

They do normally have to pay costs if they lose.

Also is there any threads you know about where this strategy has worked and the case has been struck out?

http://www.legalbeagles.info/forums/...ighlight=wally

http://www.legalbeagles.info/forums/...highlight=zhan

http://www.legalbeagles.info/forums/...out#post424952

http://www.legalbeagles.info/forums/...ght=struck+out



http://consumercreditlitigationandde...all-claim-yet/

http://consumercreditlitigationandde...een-very-busy/

http://consumercreditlitigationandde...re-the-basics/

M1

[zaggacom]

Re: Akiv Kapital Portfolio AS V Zaggacom

Thank you M1, I have issued the N244 Notice today by registered post and paid the £155 fee over the phone for a hearing.

Does this mean I do not need to put in my defence now and wait to see what happens?

[mystery1]

Re: Akiv Kapital Portfolio AS V Zaggacom

:okay:

M1

[zaggacom]

Re: Akiv Kapital Portfolio AS V Zaggacom

I have sent the application and received confirmation that the case will be moved to my local court, also i have received the following email from the Claimants Solicitors.


Aktiv Kaptial Portfolio AS Zug Branch –v- XXXXXXXXXXXXXXXXXXXX
Claim Number: XXXXXXXXXX

We write further to receipt of a Notice of Transfer to the County Court at Manchester following an application made by yourself.

We note that you have not provided a copy of your application.

We therefore request that you send a copy of your application as we see no reason why a without notice application should have been made at this stage.

Do I have to send them anything or should I ignore this request?
regards.

[mystery1]

Re: Akiv Kapital Portfolio AS V Zaggacom

The rules do not compel you to send them a copy. There is no real harm in doing so as they will get a chance to challenge it afterwards in any event.

They are talking b0llocks when they say they see no reason. How many times did you tell them you'd do it already ? At least twice from what i see.

M1

[ncf355]

Re: Akiv Kapital Portfolio AS V Zaggacom

Stop sitting on that fence mystery, you'll get splinters!

;-)

[zaggacom]

Re: Akiv Kapital Portfolio AS V Zaggacom

I have sent them a reply as below.

"Unfortunately the rules do not compel me to send a copy to you. I previously advised you my intentions and you were fully aware of my reasons as previous letters and emails I can provide illustrate."

[zaggacom]

Re: Akiv Kapital Portfolio AS V Zaggacom

hello, I have received notification that the hearing will take place on 5th June, does anyone know what happens now, do i have to turn up at court or is it decided without me, does anyone kbow what happens in the hearing?

regards

[mystery1]

Re: Akiv Kapital Portfolio AS V Zaggacom

It depends on the judge really.

The judge will normally start with introductions. The meat and bones is on you as it's your application. This can range from not much because the judge has read your application and agrees with you so it would mostly be the other side trying to turn the judges opinion. The opposite is the other side of the coin where you have to explain to the judge every nook and cranny of your argument because they are loathe to grant your application.

Essentially you need to be prepared for the hard way and if the easy way comes along, bonus.

M1