Court Claim - Aktiv Kapital / MBNA - 29-1-2014

[Tokyo]

Received a claim? Yes
Issue Date: 29-1-2014
Amount approx: 13000
Claimant: Aktiv Kapital
Solicitor: Judge & Priestley
Original Credit: MBNA

Particulars of Claim:
The claimant claims the sum of 12,690.90 for the debt and interest. On 25/4/2012 the defendant entered into an agreement with MBNA for a credit card. On the 31/12/2012 the defendant defaulted on the agreement with an outstanding balance of 11,808.35. On 21/02/2013 the debt of 11,808.35 was assigned to Aktiv Kapital Portfolio AS Oslo Zug Branch.

Notice of assignment was sent to the defendant in accordance with s136 Law of Property Act 1925.
AND THE CLAIMANT CLAIMS
1. The sum of 11,808.35
2. Statutory interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8.00% per annum from 21/2/13 to 28/1/14 882.55 & thereafter at a daily rate of 2.59 until judgement or sooner payment

Stat Barred? No

Have sent: Sent a CCA request

Other Info:
Aktiv Kapital have since place an interim charging order on my home, the application is to be heard on the 18th November 2014. Clearly I wish to avoid the debt being secured against my home.

They have failed to provide verification of the claim ie True and certified copies (not photocopies) of the Deed of Assignment and Deed if Novation, they have send photo copies of the statement and contract.

Any advice appreciated, thanks

[Amethyst]

Re: Court Claim - Aktiv Kapital / MBNA - 29-1-2014

Hi

Need to go back to the beginning a little bit here, did you defend the original claim ? or did you admit and offer to pay ? or did you just get a default judgment ? What was the judgment ? forthwith / installment ?
Have you paid anything since getting the judgment.

Sharon
xx

[Tokyo]

Re: Court Claim - Aktiv Kapital / MBNA - 29-1-2014

Hi,

I missed the date to respond to the claim then received Notice of Issue of Warrant of Execution from the county court, no bailiffs were sent then I received an Application for charging order on the 20th Feb 2014.

I have not paid anything since getting the judgement


Prior to receiving the judgement I had dealt with MBNA and Aktiv Kapital using the 3 letter estoppel process

thanks Sharan

[Amethyst]

Re: Court Claim - Aktiv Kapital / MBNA - 29-1-2014

Urghhh (sorry) Just so you know the '3 letter' process is complete and utter b*llocks.

[Amethyst]

Re: Court Claim - Aktiv Kapital / MBNA - 29-1-2014

Hi,

I missed the date to respond to the claim then received Notice of Issue of Warrant of Execution from the county court, no bailiffs were sent then I received an Application for charging order on the 20th Feb 2014.

I have not paid anything since getting the judgement

thanks Sharan

Right ok. What's done is done.

Did you respond to the application for the charging order at all ? Have you been asked to submit witness statement 14 days before the hearing.

What's your circumstances with regards your home?

Equity ?
Family - dependent children ?
Joint ownership ?
Much in the way of other debt ?
Any secured debt (other than mortgage) ?


I'm sorry to say that by ignoring the claim and ignoring the judgment and not arranging any payment with the claimant you have kind of put yourself in the position where it is very likely the charging order will be granted to give the claimant security over your property for the debt.

You will need to make an offer to pay by instalment, backed up with your Income and Expenditure sheets, so that the charging order STAYS as a charging order and doesn't get turned into a sale order.

[Tokyo]

Re: Court Claim - Aktiv Kapital / MBNA - 29-1-2014

I have have not made any response to the charging order nor been asked to submit witness statement, approx 25k equity, no family/dependants, property is sole ownership and no other secured debts ( some other cc debts)

I know my options are limited now, really appreciate your time and advice, went down the 3 letter route at a time when all other options seemed out, so, as you said , what's done is done, lessons learned.

Many thanks

Tokyo

Right ok. What's done is done.

Did you respond to the application for the charging order at all ? Have you been asked to submit witness statement 14 days before the hearing.

What's your circumstances with regards your home?

Equity ?
Family - dependent children ?
Joint ownership ?
Much in the way of other debt ?
Any secured debt (other than mortgage) ?


I'm sorry to say that by ignoring the claim and ignoring the judgment and not arranging any payment with the claimant you have kind of put yourself in the position where it is very likely the charging order will be granted to give the claimant security over your property for the debt.

You will need to make an offer to pay by instalment, backed up with your Income and Expenditure sheets, so that the charging order STAYS as a charging order and doesn't get turned into a sale order.

[Amethyst]

Re: Court Claim - Aktiv Kapital / MBNA - 29-1-2014

Okay thanks

You should put a Witness Statement in to the court at least 7 days before the hearing anyway, just so the judge can read it before hand and you won't have to try remember everything on the day. Gives you a good opportunity to set your arguments out too


You need to do an income and expenditure sheet to show how much you can afford reasonably to pay off this Judgment each month.

You do not have very much I'm afraid in the way of defending the Charging Order and it is likely they will succeed with their application.

Your installment offer needs to be affordable so you can maintain it long term - as if you fail on the payments you could be fighting a sale order.

I'm really sorry that isn;t the greatest news.

I'll get together a basic Witness Statement you can start working on.

And you MUST go along to the hearing else they will just get everything they ask for.

[Amethyst]

Re: Court Claim - Aktiv Kapital / MBNA - 29-1-2014

Actually thinking on it, have you had ANY contact with the court or the claimant (written to them/ phoned etc) since the judgment ?

[Tokyo]

Re: Court Claim - Aktiv Kapital / MBNA - 29-1-2014

I have not had any contact with the court, I sent a letter (25/02/14). to Aktiv Kapital and Judge & Priestly Solicitors Not acknowledging any debt to them and requesting a signed true copy of deed of assignment, they sent photocopy of MBNA agreement, I then sent 3 letter estoppel letters and have heard nothing from either the court, Aktiv Kapital or J & P since, ( last letter sent 15th June)

[Amethyst]

Re: Court Claim - Aktiv Kapital / MBNA - 29-1-2014

Okay thank you. Presumably you had a letter from the court informing you of the final charging order hearing ? Did that say anything on it or just ' you may attend'.

If you want to argue against the CO you need to get a WS in and / or negotiate with the claimants. You do have very little, if any, defence to the Charging Order application so it is just a case of trying to get it in the best terms possible - ie. instalments and they claimants can't go for sale order while you keep those up.