Court Claim - Aktiv Kapital / MBNA - 9-9-2014

[Vindaloo]

Received a claim? Yes
Issue Date: 9-9-2014
Amount approx: 1. The sum of 4063.62
Claimant: Aktiv Kapital
Solicitor: Robert Marr
Original Credit: MBNA

Particulars of Claim:
The claimant claims the sum of 4877.91 for debt and interest.. On 24/10/05 the defendant entered into an agreement with MBNA for a credit card under the reference xxxx

On 31/8/10 the defendant defaulted on the agreement with an outstanding balance of 4063.62

On 29/9/10 the debt of 4063.62 was assigned to Varde Investments (ireland) Ltd.

On 29/2/12 the debt of 4063.62 assigned to Aktiv Kapital Portfolio AS, Oslo, Zug Branch.

Notices of the assignment were sent to the defendant in accordance with S136 Law of Property Act 1925

AND THE CLAIMANT CLAIMS

1. The sum of 4063.62
2. Statutory Interest persuant to To Section 69 of the County Courts Act 1984 at a rate of 8.00% per annum from 29/2/12 to 1/9/14 814.29 and thereafter at a daily rate of0.89 until judgment or sooner payment

Stat Barred? No

Have sent:

Other Info:
My wife received this on Saturday. The court letter is in her maiden name (I can't see that making a difference but I just thought I'd highlight this).

Whether it is strange or not, I don't know, but this is not showing up anywhere on her Experian history. I am aware there are other agencies but we thought it was a little strange.

My wife applied for the card online if that is useful to know.

I'd greatly appreciate some pointers. Many thanks.

[QCKate]

Re: Court Claim - Aktiv Kapital / MBNA - 9-9-2014

Is the claim the first contact you or your wife have had from Activ Kapital??

No previous letters??

QCK

Received a claim? Yes
Issue Date: 9-9-2014
Amount approx: 1. The sum of 4063.62
Claimant: Aktiv Kapital
Solicitor: Robert Marr
Original Credit: MBNA

Particulars of Claim:
The claimant claims the sum of 4877.91 for debt and interest.. On 24/10/05 the defendant entered into an agreement with MBNA for a credit card under the reference xxxx

On 31/8/10 the defendant defaulted on the agreement with an outstanding balance of 4063.62

On 29/9/10 the debt of 4063.62 was assigned to Varde Investments (ireland) Ltd.

On 29/2/12 the debt of 4063.62 assigned to Aktiv Kapital Portfolio AS, Oslo, Zug Branch.

Notices of the assignment were sent to the defendant in accordance with S136 Law of Property Act 1925

AND THE CLAIMANT CLAIMS

1. The sum of 4063.62
2. Statutory Interest persuant to To Section 69 of the County Courts Act 1984 at a rate of 8.00% per annum from 29/2/12 to 1/9/14 814.29 and thereafter at a daily rate of0.89 until judgment or sooner payment

Stat Barred? No

Have sent:

Other Info:
My wife received this on Saturday. The court letter is in her maiden name (I can't see that making a difference but I just thought I'd highlight this).

Whether it is strange or not, I don't know, but this is not showing up anywhere on her Experian history. I am aware there are other agencies but we thought it was a little strange.

My wife applied for the card online if that is useful to know.

I'd greatly appreciate some pointers. Many thanks.

[Vindaloo]

Re: Court Claim - Aktiv Kapital / MBNA - 9-9-2014

Hi, Thank you for replying. My wife says she's had no letters to her knowledge.

May I just ask how this would pan out with regards to it being in her maiden name please? We got married in Vegas and the wedding has never been registered here. I am wondering if they have not linked her married name to her maiden name.

Thanks again for the reply, it's appreciated.

[Vindaloo]

Re: Court Claim - Aktiv Kapital / MBNA - 9-9-2014

I've now subscribed to this as I forgot and didn't realise you took time to answer.

[Amethyst]

Re: Court Claim - Aktiv Kapital / MBNA - 9-9-2014

It would be up to your wife to notify creditors etc of a change of name.

Did Elvis sing at your wedding ?

Quite a comprehensive Particulars of Claim, two lots of assignment notices they will need to provide, I'd add both into your CPR request letter.

So, first steps (within 14 days of receiving the claim)

1: ACKNOWLEDGE THE CLAIM - you can do this online usually at www.moneyclaim.gov.uk
You'll need your claim reference and password from the front of the claim form

2: Send A CCA REQUEST to the CLAIMANT ( see here )
This applies to all credit cards / loans / hire purchase / store cards type debt. It doesn't apply to Mobile Phones / Utilities or Overdrafts.

3: Send a CPR request to the CLAIMANT'S SOLICITORS ( see here )
This applies to everything unless they happen to have supplied you with a bunch of paperwork to back up their claim (v. unlikely)


Have a read through those bits and please shout if you aren't sure of anything.

Basically we're collecting information and ensuring their claim is valid, without a proper response to your CCA request ( full MBNA agreement and terms from inception and as varied ) they cannot enforce the debt and can't get judgment on it. So that's ultimatly what we want, but if they do come up with it, there's other things we might be able to defend on, and if not, its a matter of negotiation to get a reasonable result for you dependant on your circumstances, but we can go through that once you have your letters sorted and acknowledged the claim.

[Vindaloo]

Re: Court Claim - Aktiv Kapital / MBNA - 9-9-2014

Thank you so much for the reply, I honestly appreciate it.

Yes, Elvis did sing at the wedding!!! It could have been Tom Jones though...those weddings are hilarious!

Anyway, on to more serious matters, We will start with acknowledging the claim. I will update here once there is movement on this front.

Thanks again.

[Vindaloo]

Re: Court Claim - Aktiv Kapital / MBNA - 9-9-2014

Can I just ask a quick question please as this has been bothering me?

we cannot find the firm of solicitors on the court documents so I am sending the CPR to Aktiv. Is this correct please? The court docs are signed Robert Marr (Claimants Solicitor)

Thank you

[MIKE770]

Re: Court Claim - Aktiv Kapital / MBNA - 9-9-2014

Robert Marr LL.B, LL.M, MICM, ACIArb, FRSA

Litigation Director at Aktiv Kapital
Bromley, Greater London, United Kingdom (Bromley, United Kingdom) Financial Services

[Vindaloo]

Re: Court Claim - Aktiv Kapital / MBNA - 9-9-2014

You're a star. Thank you

[Vindaloo]

Re: Court Claim - Aktiv Kapital / MBNA - 9-9-2014

Sorry, last one from me today. We've

1) Acknowledged the Claim (online...hope this is ok?)
2) Sent CCA Request
3) Sent CPR Request

If we click on the link at MCOL for the case, it asks about defending the case. Do I need to do this now?

[Amethyst]

Re: Court Claim - Aktiv Kapital / MBNA - 9-9-2014

No, you just tick 'intend to defend in full' and leave the rest xx

Ahhh you have already acknowledged - so no don't do anything until your 28 days is up xxx

[Vindaloo]

Re: Court Claim - Aktiv Kapital / MBNA - 9-9-2014

Would we state that as this is not showing on my wife's Experian report, she is not sure about the debt? We have therefore requested the CCA and CPR's.

or

Leave it alone for now?

Thank you

[Vindaloo]

Re: Court Claim - Aktiv Kapital / MBNA - 9-9-2014

Sorry, ignore my last post then. Thank you so much Amethyst.

[Streetwise]

Re: Court Claim - Aktiv Kapital / MBNA - 9-9-2014

Sorry, last one from me today. We've

1) Acknowledged the Claim (online...hope this is ok?)
2) Sent CCA Request
3) Sent CPR Request

If we click on the link at MCOL for the case, it asks about defending the case. Do I need to do this now?

Did you enclose a pound for the C.C.A. request.

[basa48]

Re: Court Claim - Aktiv Kapital / MBNA - 9-9-2014

Do you have a copy of the credit card agreement ? If so, is it legible (particularly the prescribed terms) ?

How much did the Default Notice ask for ?