Akiv Kapital Portfolio AS V Zaggacom

[mystery1]

Re: Akiv Kapital Portfolio AS V Zaggacom

It means your application was dismissed although if i recall correctly you withdrew it anyway ? You were ordered to enter a defence & pay costs. The last bit is just a standard bit when there is no hearing either side can apply to vary the order if there is a mistake as they were not present to ask for it to be corrected.


If you have entered a defence then the next you'll get is the allocation process.

I'd pay the £120 if i were you.

M1

[zaggacom]

Re: Akiv Kapital Portfolio AS V Zaggacom

Thanks, I have written to the sols advising i cant afford the £120 and sent them a £1 cheque, as i am in financial diffs, also i have advised the court of this, i cannot afford the £120 at the moment.

[zaggacom]

Re: Akiv Kapital Portfolio AS V Zaggacom

this case is due in small claims court on thursday 30th October, and the claimant sols have telephoned me today, offering me a deal, they also asked me about my defence I advised them my main defence was that the Default notice was invalid as is stated that I had not complied with paragraph 8 of the credit agreement, when you look at the copy of the credit agreement and paragraph or clause number 8 relates to statements or something and nothing to do with overdue payments. The copy agreement lists each clause as 1 1.2 1.3 etc all the way upto 12 or so, the sols was saying that it is not the numbers which relate to the paragraphs but the actual literal paragraphs, so paragrapgh 8 actually means the 8th paragraph in the agreement, does anyone know if this is correct, otherwise why number the clauses, does anyone have any clarification, as I need to decide whether to fight in court or accept their deal.

kind regards

[mystery1]

Re: Akiv Kapital Portfolio AS V Zaggacom

They're pretty desperate to spout shite like that.

As a matter of interest what does the 8th paragraph say ?

M1

[zaggacom]

Re: Akiv Kapital Portfolio AS V Zaggacom

The actual paragragh 8 is hard to say it depends what you call a paragrapgh as in the middle of the wording is a text box about losing your cards etc, you can see it in a scanned copy i have put earlier in the thread, but paragrapgh 7 or 8 does relate to overdue payments,

I understood paragrapgh 8 to relate to number 8 , otherwise why is it numbered? what do you think, should i fight it, i will try and upload a copy again

[zaggacom]

Re: Akiv Kapital Portfolio AS V Zaggacom

I have uploaded it here, they are saying 1.3 is the 8th paragragh and that is the one referred to in the DN

[zaggacom]

Re: Akiv Kapital Portfolio AS V Zaggacom

The clause 1.3 says
"By the payment due date, shown on the relevant statement, you must make at least the minimum payment shown on the statement unless we allow a payment holiday under condition 2.4"

[mystery1]

Re: Akiv Kapital Portfolio AS V Zaggacom

I have uploaded it here, they are saying 1.3 is the 8th paragragh and that is the one referred to in the DN

I would argue the same as you. It says paragraph 8 noth the 8th paragraph.

http://www.bailii.org/ew/cases/EWCA/Civ/1998/1209.html

CONCLUSION
In my judgment, Mr Hodgkinson is right for the reasons which he has given. This statute was plainly enacted to protect consumers, most of whom are likely to be individuals. When contracting with a large financial organisation they are at a disadvantage. The contract is likely to be in standard form and relatively complex with a number of detailed provisions. If the hirer is said to have broken its terms, the hirer needs to know precisely what he or she is said to have done wrong and what he or she needs to do to put matters right. The lender has the ability and the resources to give that information with precision. If he does not do so accurately then he cannot take what Mr Gruffyd conveniently referred to as "the next step".

http://www.legislation.gov.uk/uksi/1999/2083/made

Written contracts


7. (1) A seller or supplier shall ensure that any written term of a contract is expressed in plain, intelligible language.


(2) If there is doubt about the meaning of a written term, the interpretation which is most favourable to the consumer shall prevail but this rule shall not apply in proceedings brought under regulation 12.




I suggest that a reasonable man would see it as paragraph 8 as in clause 8 i.e. that which is marked as 8 not 1.3.

M1

[zaggacom]

Re: Akiv Kapital Portfolio AS V Zaggacom

Thanks thats what i thought, might as well reject their offer, and go to court

[zaggacom]

Re: Akiv Kapital Portfolio AS V Zaggacom

Also the wording of the DN says i am in breach of paragragh 8 which say i must immediatley repay any arrears on the account their clause 1.3 the 8th Paragragh doesent actually say that, it only says i must make at least the minimum payment, quite different.

[zaggacom]

Re: Akiv Kapital Portfolio AS V Zaggacom

The sols offered a Tomlin order which i said I would look at to them on the phone, I looked at it but rejected it, they are now saying I agreed verbally so it is legally binding and they are going to present a witness statement to the judge tomorrow, can they do this

[zaggacom]

Re: Akiv Kapital Portfolio AS V Zaggacom

Been to court and the claimants sent along a barrister to argue that because I had made a Tomlin Order agreement verbally then it was legally binding and they wanted the judge to make it binding , I argued that I has only agreed it on the premise I would look at the paperwork, and how could I agree to something over the telephone when there was paperwork to look at, the judge agreed with me, and so the barrister then advised they wanted an adjournment as they had not brought along all the Witness statements as they thought the case had been settled, but I had rejected the Tomlin Order yesterday.

So it will be given a new hearing, and the evidence will be heard,

[Kafka]

Re: Akiv Kapital Portfolio AS V Zaggacom

Zaggy

For ease, please can you just summarise the position re the following to save reading the whole thread?

1) The agreement
2) The default process
3) The assignment process
4) Charges added to this account

[zaggacom]

Re: Akiv Kapital Portfolio AS V Zaggacom

The agreement is a credit agreement for a credit card, I have a copy but it is not easily legible, the default notice was served after I was unable to continue paying, then the account was assigned to lots of different debt companies eventually ending up with the current debt company, who served a summons 4 years after the default notice, not sure what you mean about charges to the account.

[zaggacom]

Re: Akiv Kapital Portfolio AS V Zaggacom

As an update to this case, the new Court date was set for 20th Jan 2015, the claimants were ordered to supply any witness statements by 7th November, so I asked them why they have not supplied any witness statements to me, they replied saying thy were not relying on any further witness statements, I then asked them to clarify some points for my witness statements, i asked them about the invalid default notice which says I had breached paragraph 8 of the credit agreement, and they said again that paragraph 8 was indeed referring to claise 1.3 in the credit agreement, they have now clarified this in email to me.

They then gave me a deadline of 14 days to send them an offer of payment to close the case, which they could take to their client. This expired on 28th November, I replied asking them that if they were saying clause 1.3 on the application form was indeed what was referred to in the default notices mention of a breach of paragraph 8, then why does the 8th paragraph in the full terms and conditions turn out to be clause 1.4? Basically the 8th paragraph on the application form is different to the 8th paragraph in the full terms and conditions that they say is a true copy of the agreement, if that is the case then their case falls apart as in no way can they argue that the 8th paragraph in clause 1.3 or maybe clause 1.4, one of which refers to payments and one doesent, but none refer to payment of arrears.

The default notice should in fact refer to paragraph 3 which is the correct paragraph regarding payment of arrears, Now that i have pointed this out to them they have today sent me an email saying they wish to drop the case and sent me a consent form to have the case dropped, they say this is for commercial reasons and the length of time the case has been going.

I feel they have tried to bully and intimidate me by telling me lies about the credit agreement and trying to tell me that paragraph 8 related to clause 1.3, i knew it was absolute B***sh*t and was determined to hold my nerve and push them as far as i could. I have been telephoned and emailed by them trying to push me into making a payment to close the case, but each time i refused as i knew I was right, but the stress has been horrible, and it would have been easy to just make an offer of payment to get them off my back, i am quite angry with their behaviour and the threatening emails and phone calls they have made, trying to intimidate the little guy. they are nothing but bullies.

Here is what their email says.
WITHOUT PREJUDICE SAVE AS TO COST

Dear Sir,

Aktiv Kapital Portfolio AS Zug Branch v XXXXXXXXXXXXXXXXXX
Claim number XXXXXXXXXXXXXX

We continue to act for the Claimant.

Given the protracted nature of this matter and the escalating management and legal costs, our client has decided to take a commercial view and bring this matter to a conclusion. I have been instructed to offer settlement on a drop hands basis. This would bring a conclusion to the claims between the parties in relation to this debt. If you are willing to accept this offer please sign the enclosed Consent Order where indicated and return it to us. We will then sign and date it before sending it to the Court with the appropriate fee.

To accept this offer please sign and return the Consent Order within 14 days.

Yours faithfully,

Litigation Team
Debt Recovery (Litigation) Team

T: uuuuuuuuuuuuuuuuuuuu
E: defended.team@wrighthassall.co.uk
www.wrighthassall.co.uk