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

[Vindaloo]

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

Hi Basa,

I'm really sorry but I keep missing the notifications that there are replies.

To answer your questions:

1) My wife doesn't have the original agreement

2) They are seeking £4063.62


Just a little update:

They do NOT have the original copy of the agreement which none of you will be surprised by! My wife got this letter:

Dear ,

We refer to your request for documentation/further information regarding your agreement with Varde Experto [who is this??????] under S77 to 79 of the CCA.

Whilst we endeavour to obtain documents within the prescribed timescale, due to the fact that we have to try to obtain documents from the original creditor we may be unable to do so, your account is on hold and has been removed from the collection process whilst we await the requested information.

Yours sincerely

scribbled name [no printed name]
Aktiv Kapital UK LTD


It's been 11 days since my wife made the request. Obviously they have 7 days. Could anyone please tell us what to do next?\Thank you.

[Vindaloo]

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

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

Damn, didn't see this reply as well. Very sorry

Yes, my wife sent £1 in coppers against my wishes!!

[FlamingParrot]

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

My wife got this letter:

Dear ,

We refer to your request for documentation/further information regarding your agreement with Varde Experto [who is this??????] under S77 to 79 of the CCA.

Whilst we endeavour to obtain documents within the prescribed timescale, due to the fact that we have to try to obtain documents from the original creditor we may be unable to do so, your account is on hold and has been removed from the collection process whilst we await the requested information.

Yours sincerely

scribbled name [no printed name]
Aktiv Kapital UK LTD

It's been 11 days since my wife made the request. Obviously they have 7 days. Could anyone please tell us what to do next?\Thank you.

When did she get the letter? Has she submitted a defence?

You said on your opening post that the date on the claim was Sept 9th, that means a defence should have been submitted by Oct 12th, otherwise the claimant can apply for default judgment. :scared: :scared: :scared:

I see she's got a letter saying they are removing the account from the collection process, however, this is no ordinary collection process, these are court proceedings and that reads like a bog standard templated response to a CCA request from AK which doesn't seem to take into account the fact that court proceedings have been issued. Once it goes to court, you need to get the solicitors acting for the claimant to agree to an extension of 28 days which is the maximum allowed by CPR 15.5, then the defendant (your wife) would need to notify the court of the agreement in writing (email should be fine). :typing:
Without either an agreed extension or a defence, the door is wide open for the claimant (or their solicitors), to request default judgment against her. :scared: :scared:

Issue Date: 9-9-2014

[Vindaloo]

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

Thank you for the reply flaming Parrot.

I'm not sure if we have entered a defence! We said on the Court papers that she was fighting it, if that's what you mean!? Sorry for being daft.

Is my wife ok to call tomorrow and tell them they're being obstructive and to send the documents asap?

Or does she call and ask AK for an extension, follow this up in writing?

Thanks and sorry!

[Vindaloo]

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

Just a quick one. I'm at work for 14 hours tomorrow so I'm not ignoring posts! My wife is working until 15:00 so I'll get her to check back in before she calls AK. Thanks everyone.

[FlamingParrot]

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

I'm not sure if we have entered a defence! We said on the Court papers that she was fighting it, if that's what you mean!? Sorry for being daft.

You mean when you acknowledged the claim, you said you intended to defend? That's not the same as submitting a defence.

Is my wife ok to call tomorrow and tell them they're being obstructive and to send the documents asap?

Or does she call and ask AK for an extension, follow this up in writing?

Presumably she sent a CPR request and they haven't provided documents (the CCA request is separate). If so, she should call the solicitors dealing with the claim saying that, as they haven't responded to her request, would they kindly agree to a 28 day extension as allowed under CPR 15.5. She can get them to state their agreement on an email, which should be forwarded to the court a.s.a.p. :clock: :clock:

It's probably best not to tell them they're being obstructive, just ask them nicely.

Just a quick one. I'm at work for 14 hours tomorrow so I'm not ignoring posts! My wife is working until 15:00 so I'll get her to check back in before she calls AK. Thanks everyone.

See above, it's really important to avoid a CCJ in default! :scared:

If they don't agree to an extension, then she'd have to submit a defence based around the fact no documents have been provided to support the claim, but do post up first. :typing:

Time's not on her side, she's over the time limit and default judgment is looming.

[Vindaloo]

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

You mean when you acknowledged the claim, you said you intended to defend? That's not the same as submitting a defence.

Presumably she sent a CPR request and they haven't provided documents (the CCA request is separate). If so, she should call the solicitors dealing with the claim saying that, as they haven't responded to her request, would they kindly agree to a 28 day extension as allowed under CPR 15.5. She can get them to state their agreement on an email, which should be forwarded to the court a.s.a.p. :clock: :clock:

It's probably best not to tell them they're being obstructive, just ask them nicely.

See above, it's really important to avoid a CCJ in default! :scared:

If they don't agree to an extension, then she'd have to submit a defence based around the fact no documents have been provided to support the claim, but do post up first. :typing:

Time's not on her side, she's over the time limit and default judgment is looming.

Thank you. We must have missed out the defence bit. I don't know how as I thought we'd followed everything on here. Never mind!

You are correct, we did the CPR and no documents have been supplied.

Ill beg beg her to remain pleasant on the phone and get her to ask for a 28 day extension under CPR 15.5

thanks again so much.

[Vindaloo]

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

Hi
Called them this morning and asked for an extension. They said that they have documentation but it is not with them and this takes up to eight weeks for them to process.

I asked why they had not informed of what was happening and why there had been no contact from them, the reply was "sorry."

I have asked them to email the conversation to me, nothing yet!

So the waiting begins!
:doggieyes:

[basa48]

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

Just a couple of other things to note:

MBNA were in a habit of issuing Default Notices demanding the full amount of the debt. This is a faulty Notice in that only the arrears should be demanded in a Default Notice. They often then sold the debt to Varde on the back of this bad Notice such that the new *owners* of the debt can only demand the arrears (since that is all that was be due when it was sold).

Did you get a DN of MBNA? and did they *sell* the debt to Varde?

[Vindaloo]

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

Just a couple of other things to note:

MBNA were in a habit of issuing Default Notices demanding the full amount of the debt. This is a faulty Notice in that only the arrears should be demanded in a Default Notice. They often then sold the debt to Varde on the back of this bad Notice such that the new *owners* of the debt can only demand the arrears (since that is all that was be due when it was sold).

Did you get a DN of MBNA? and did they *sell* the debt to Varde?

Hi Basa,

thank you so much for that, it's a bit of relief to hear that. I've just asked my wife and she cannot remember if they issued a DN. She says she may have had one but chose to ignore it (like most men do!)

She says Varde is not ringing any bells at all.

Thanks for taking time out to reply.

[basa48]

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

Hi Basa,

thank you so much for that, it's a bit of relief to hear that. I've just asked my wife and she cannot remember if they issued a DN. She says she may have had one but chose to ignore it (like most men do!)

She says Varde is not ringing any bells at all.

Thanks for taking time out to reply.

Trouble here is if you haven't got the Default Notice, particularly a *bad* one then they can easily issue a new compliant one and you cannot prove the debt was sold following the bad one.

The history of MBNA, Varde, Experto and Aktiv Kapital is long and tedious.

My MBNA account was first sold to Varde and the account chased by their lapdog collection agency Experto Credite. Experto kicked it around two or three other DCAs who all threw in the towel. I think Varde (who I think combined with Experto to become Varde Experto) sold it to Aktiv Kapital. But to be honest I don't know (or care) who owns it now.

I occasionally get a letter from another hopeful DCA but after my *prove it* letters they usually give up.

[Amethyst]

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

Hi
Called them this morning and asked for an extension. They said that they have documentation but it is not with them and this takes up to eight weeks for them to process.

I asked why they had not informed of what was happening and why there had been no contact from them, the reply was "sorry."

I have asked them to email the conversation to me, nothing yet!

So the waiting begins!
:doggieyes:

Did you write to inform the court about the extension agreement ? (just checking)