Aktiv Kapital Portfolio AS vs Fiveyearplan's friend

[fiveyearplan]

Hello

I'm trying to help my friend with CCJ papers she recently received. It is for an Egg card. Claimant is Aktiv Kapital, Claimant's solicitors are Judge Priestly, Bromley Kent


Date of issue: 28 March 2014
Date of service: 3 April 2014

The particulars of the claim are:

The claimant claims the sum of £8,xxx.00 for debt and interest. On xx/11/2002 the defendant entered into an agreement with Egg for a credit card under reference number xxxxxx. On xx/12/2008 the defendant defaulted on the outstanding balance £6,7xx.00. The debt was assigned to Aktiv Kapital Portfolio, Notice of Assignment was sent to defendant in accordance with s136 Law of Property Act 1925 an the claimant claims:
1. Sum of £6,xxx.00
2. Statutory interest pursuant to Section 69 of County Courts Act 1984 at a rate of 8.00% per annum .....

I know she has sent a few CCA requests in the past and she has record of this. Her last payment was approximately November 2009.

We just did the AoS online requesting 28 days so if the date of issue is 28 March the 28 days would be 25 April correct?

She will also send out the detailed CCA request to the claimant and CPR request to the claimant's solicitors (should this be addressed to the claimant c/o solicitor?). Both will be sent out tomorrow.

Thank you all in advance!

FYP

[mystery1]

Re: Aktiv Kapital Portfolio AS vs Fiveyearplan's friend

Date of service is 5 days after date on form and then add 28 days to that.

Claimants solicitor is fine as long as you included reference numbers.

M1

[Nibbler]

Re: Aktiv Kapital Portfolio AS vs Fiveyearplan's friend

Waves to FYP and subbing.

[fiveyearplan]

Re: Aktiv Kapital Portfolio AS vs Fiveyearplan's friend

I've updated the original post with the particulars of claim and date of last payment etc.

Thank you Mystery1 and Nibbler for your replies. So 28 days after 5 days after date on claim makes it 30 April. AoS has been done online and 2 letters have been done and will be posted tomorrow.

I guess we have a few days now to wait for a reply.

[fiveyearplan]

Re: Aktiv Kapital Portfolio AS vs Fiveyearplan's friend

Okay, my friend has received no reply (surprise surprise) to CCA request to the claimant and CPR request to the claimant's solicitors that she sent. Can anyone please help with the wording on her defence?

Please let me know if you need any further information. Thanks in advance.

[mystery1]

Re: Aktiv Kapital Portfolio AS vs Fiveyearplan's friend

I wouldn't defend personally. I would follow http://www.legalbeagles.info/forums/...ic-information

M1

[fiveyearplan]

Re: Aktiv Kapital Portfolio AS vs Fiveyearplan's friend

I'll follow the instructions via the link you sent Mystery1. Thanks for that. To be clear, I need to:
fill in N244 form
Draft Order for Directions (just like the example in the link ie so it says 'Order' and doesn't mention the word Draft)
Witness statement

Does she need to include the fee of £155 and does all this get sent to Northampton Court or is it done online?

I really appreciate any help received!

[mystery1]

Re: Aktiv Kapital Portfolio AS vs Fiveyearplan's friend

You can pay by phone until 15:15 and then email it. Get the email address when you phone.

:okay:

First of all though, approach the opponent and ask for an extension to the period for filing a defence as an extra 28 days will stop you doing it in such a rush

M1

[fiveyearplan]

Re: Aktiv Kapital Portfolio AS vs Fiveyearplan's friend

You can pay by phone until 15:15 and then email it. Get the email address when you phone.

:okay:

First of all though, approach the opponent and ask for an extension to the period for filing a defence as an extra 28 days will stop you doing it in such a rush

M1

If I ask the claimant for an extension how do I make sure the court are notified and we don't receive a judgement in our absence?

[mystery1]

Re: Aktiv Kapital Portfolio AS vs Fiveyearplan's friend

It is up to the defendant (you) to notify the court if you agree an extension.

M1

[fiveyearplan]

Re: Aktiv Kapital Portfolio AS vs Fiveyearplan's friend

I'm getting the forms filled in ready to file tomorrow and I have a couple of questions that I'd be most grateful for some help (they may seem simple but I would like to just be perfectly clear). On the N244 I got the following text from the link provided above. If we are submitting and dating everything with tomorrow's date, what do we put in red below? Do we put 21 days from tomorrow's date?

An order (a draft of which is attached)that the Claimant shall provide the Defendant with copies of the documents listed in the draft order, pursuant to its duties under CPR 31.14 within 7 days of the date of the order.

In default of the above the Claim stands struck out without further order.

In the event the Claimant complies with the above paragraph then the Defendant shall file and serve his Defence by 4pm on ................................... 2014 (not less than 21 days from the date of compliance)

The Claimant shall pay the Defendants costs in this application.



Also, on the Order do we leave it as 'Order' or do we need to put 'Draft Order'? What dates do we put in red below?

IN THE XXXXXXXXXXXXXXXXX COUNTY COURT
Claim No. XXXXXXXX

BETWEEN:
XXXXXXXXXX
Claimant
- and –
Defendant
XXXXXXXXXX

_________________________________

ORDER
_________________________________


Before District Judge Sitting at the Northampton County Court CC BC, 4th floor, St Katharine's House, 21-27 St Katharine's Street, Northampton Northamptonshire, NN1 2LH, on the ............. day of .............. 2014

UPON reading the Defendant’s Application Notice dated .......Todays Date.........

And


UPON the Court noting that the Claimant remains in breach of the Civil Procedure Rules Pre Action Protocol Practice Direction and CPR Rule 31.14.

IT IS ORDERED THAT:

1: The Claimant shall by 4pm on .................................... 2014 (7 days from the date of this order) provide the Defendant copies of the following documents mentioned in the Claim Form pursuant to CPR Rule 31.14.

a) The Credit Agreement
b) The Default Notice
c) The assignment

2: If the Claimant fails to comply with paragraph 1 the Claim shall stand struck out without further order.

3: Upon the Claimant complying with paragraph 1 the Defendant shall file and serve his Defence by 4pm on.................................... 2014. (21 days after compliance with para 1)

4: The Claimant do pay the Defendant’s costs in this application to be assessed if not agreed.

[fiveyearplan]

Re: Aktiv Kapital Portfolio AS vs Fiveyearplan's friend

Oh, I also should mention she received a letter today from the claimant's solicitors saying they have gone back to the original creditor asking for requested documents and

"We confirm our file will be placed on hold and no further action will be taken until the relevant documentation has been provided to you."

I'm assuming she still needs to file the N244 as planned? Otherwise how will she know that court proceedings have halted?

[mystery1]

Re: Aktiv Kapital Portfolio AS vs Fiveyearplan's friend

The court will put in the dates.

I'd put draft order.

I'd add to the witness statement and include the letter as an exhibit. What they are proposing is to take the mick out of the defendant and the court. One could argue it's an abuse of process.

M1

[fiveyearplan]

Re: Aktiv Kapital Portfolio AS vs Fiveyearplan's friend

Fabulous! So we just need to fill in the things that were in green from the original link?

Last thing (I think) where does the form and supporting documents get submitted and where/how do we pay the £155 fee?

I really appreciate all this help!

[mystery1]

Re: Aktiv Kapital Portfolio AS vs Fiveyearplan's friend

Phone the court and pay. 15:15 is the latest to pay each day. they will also give the correct address and/or email address as you wish.

M1