Akiv Kapital Portfolio AS V Zaggacom

[zaggacom]

Re: Akiv Kapital Portfolio AS V Zaggacom

I think so, but dont have anything to check it with, the last statement they sent with the witness statement is Sept 2009 where the balance was £5,609 and arrears of £966. So must have paid some of it off before Jan 2010 when the DN was issued.

They should have quoted para 3 of the agreement on the DN as that refers to paying off the balance. Do you think this is why they have not sent me a copy of the DN as I requested it in the CPR request and they said they do not need to send it.

[mystery1]

Re: Akiv Kapital Portfolio AS V Zaggacom

Normally they don't keep copies, only a template. They should however tell you the document is not in their control.

If you have yours though, it doesn't matter.

M1

[zaggacom]

Re: Akiv Kapital Portfolio AS V Zaggacom

They have not sent the up to date terms with the cpr request, I also did a cca request dated 7th April 2014 to Activ Kapital one copy went to their west bromley office and one went to Zug in switzerland, as that was the address on the letter, they have cashed i think one of the cheques for £1, should I follow this up or leave it.

[zaggacom]

Re: Akiv Kapital Portfolio AS V Zaggacom

But do they need to supply a copy of the DN in court to prove the account has been defaulted?

[mystery1]

Re: Akiv Kapital Portfolio AS V Zaggacom

The cpr request is now dead. You have what you have.

The cca request is outstanding. That is part of your defence. Had you have had more time then writing would have been a good idea as it'd make you seem more reasonable in court. You need to compile the defence aspa and file it so no point writing to them.

M1

[mystery1]

Re: Akiv Kapital Portfolio AS V Zaggacom

But do they need to supply a copy of the DN in court to prove the account has been defaulted?

Not really. If you supply evidence that it's bad they have to overcome it. Initially however they will supply a template and a record of posting.

M1

[zaggacom]

Re: Akiv Kapital Portfolio AS V Zaggacom

In their witness statement for the application hearing they have agreed to allowing me more time for the defence, so I will contact them tomorrow to advise i have cancelled the hearing and ask them for 28 days to submit my defence as agreed by them. do you think i have a good case as i am worried about if i lose i will face massive costs

regards

[mystery1]

Re: Akiv Kapital Portfolio AS V Zaggacom

Massive costs ? It's small claims. Unless the contract states otherwise thecourt has pretty strict limts on costs.

Besides which a duff d/n and/or s78 request is a bar to enforcement so you should win.

Obviously all litigation is not guaranteed.

M1

[zaggacom]

Re: Akiv Kapital Portfolio AS V Zaggacom

Thanks, so my defence is illegible copy of credit agreement, bad default notice, non reply to cca request, plus i have had to do cpr request which they could not fulfil in time and they have not provided up to date terms and conditions.

regards

[zaggacom]

Re: Akiv Kapital Portfolio AS V Zaggacom

Hi I now have received a letter from the court advising that the hearing did take place, and was dismissed, so i have to pay their costs of £120, apparently you cant just cancel the hearing the judge has to decide, anyway I now have till 16th JULY to get my defence in, so I am doing this now,

My question is , I have a copy of the DN which says I have defaulted on section 8 of the t&C but on the t&C they have sent section 8 doesent relate to missing payments, so I am saying in my defence that either the DN is faulty or the t&C they have sent are not the correct original ones, but can the claimant provide different T&C at the court case, once they have seen my defence or do they have to rely on the ones they have sent me as part of my cpr request?

[mystery1]

Re: Akiv Kapital Portfolio AS V Zaggacom

They can use different ones but the judges directions should give at least a 14 day deadline before the date for serving documents relied upon. After that they have issues.

M1

[zaggacom]

Re: Akiv Kapital Portfolio AS V Zaggacom

Not sure I understand, so if they turn up at court with the correct t&c's then I havent got a case?

[mystery1]

Re: Akiv Kapital Portfolio AS V Zaggacom

If they turn up at court with documents they have not previously disclosed to you then you complain to the judge. I'd argue they should no longer be allowed to use them as per the Mitchell guidelines or at the worst the case should be adjourned at their expense.

If they wish to use something at trial it'll need to be disclosed in advance. The same applies to both sides.

M1

[zaggacom]

Re: Akiv Kapital Portfolio AS V Zaggacom

I submitted my defence on the 16th July as requested, but have not yet paid the £120 costs to the claimant because my application was dismissed. I received a form N24 General Form of Judgement or Order dated 5th June advising the following

1. The Defendant's application dated 28th April to be dismissed
2. The Defendant do file with the Court and Serve upon the Claimant solicitors his fully pleaded Defence (CPR Compliant) by 16th July
3. The Defendant do pay the Claimant the sum £120 such sum do be payable on or before 16th July.

Dated 5th June

Now today 8th August I have received an amended N24 form General Form of Judgment or Order. It is the same as above except now it has point 4 added which says

4. Because this Order has been made on the application of a party without notice of the hearing being given, any other parties have the right to apply to have the order set aside, varied or stayed. A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this order.

dated 4/8/14

I do not know what this means, or what i need to do, does anyone know or have any advice, also as i have not paid the £120 costs for the hearing will this affect how the court looks at this, and should i pay it.

Kind regards

[zaggacom]

Re: Akiv Kapital Portfolio AS V Zaggacom

I submitted my defence on the 16th July as requested, but have not yet paid the £120 costs to the claimant because my application was dismissed. I received a form N24 General Form of Judgement or Order dated 5th June advising the following

1. The Defendant's application dated 28th April to be dismissed
2. The Defendant do file with the Court and Serve upon the Claimant solicitors his fully pleaded Defence (CPR Compliant) by 16th July
3. The Defendant do pay the Claimant the sum £120 such sum do be payable on or before 16th July.

Dated 5th June

Now today 8th August I have received an amended N24 form General Form of Judgment or Order. It is the same as above except now it has point 4 added which says

4. Because this Order has been made on the application of a party without notice of the hearing being given, any other parties have the right to apply to have the order set aside, varied or stayed. A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this order.

dated 4/8/14

I do not know what this means, or what i need to do, does anyone know or have any advice, also as i have not paid the £120 costs for the hearing will this affect how the court looks at this, and should i pay it.

Kind regards

Can anyone help with this, as I do not understand this, anyone got any advice or help please.