MBNA- Active Kapital went to Court and got a judgment. Could you help, please?

[strawberrybabe]

Re: MBNA- Active Kapital went to Court and got a judgment. Could you help, please?

AK does not have the original papers. They have produced papers that are NOT original and false. What shall we do now? Would you help, please?

[Amethyst]

Re: MBNA- Active Kapital went to Court and got a judgment. Could you help, please?

ooo strawberry, you talking to yourself ? I'm so sorry to have missed posts am just having a read back.

[Amethyst]

Re: MBNA- Active Kapital went to Court and got a judgment. Could you help, please?

So you applied for the card Online in May 2003, when you received the card you'd have had to fill in the agreement to send back ( as you couldn't sign agreement online till I think late 2004 - FP knows the exact date better) however the copy they have sent you doesn't have your husbands signature on it and you think it has been added. - Do you have other examples of your husbands signature from 2003 ?

The should have sent you two copies of terms, one from inception (the original you signed) and one from the end of the agreement (ie before you defaulted). They should also have sent you more than they have done, as there was a leaflet with those signature strips that contain the rest of the terms - these are usually reconsturcted for CCA requests, but they do need to be there to make it enforceable. The copy of the signature page you have also looks quite illegible.

Any chance you can scan in the default notice? ( email it me if easier than zipping files - admin@legalbeagles.info )

You've put in your application to set aside the judgment already ? or are you still heading for the hearing to vary the payment amounts ?

[strawberrybabe]

Re: MBNA- Active Kapital went to Court and got a judgment. Could you help, please?

[QUOTE=Amethyst;492329]So you applied for the card Online in May 2003, when you received the card you'd have had to fill in the agreement to send back ( as you couldn't sign agreement online till I think late 2004 - FP knows the exact date better) however the copy they have sent you doesn't have your husbands signature on it and you think it has been added. Yes, it looks different than the signature he used to use in 2003. In fact, it looks more like the signature he uses at the moment. We think that they copied it from the Court papers signature. - Do you have other examples of your husbands signature from 2003 ? Yes, we have checked his signature in his passport, and it looks different.

The should have sent you two copies of terms, one from inception (the original you signed) and one from the end of the agreement (ie before you defaulted). AK did not send us two different copies of the terms. Only two copies of terms that you can see attached. They should also have sent you more than they have done, as there was a leaflet with those signature strips that contain the rest of:

the terms - these are usually reconsturcted for CCA requests, but they do need to be there to make it enforceable. These terms were not sent at the time when the card was taken out. The copy of the signature page you have also looks quite illegible. Yes, can you see that the copy with signature looks alike the copy in the following thread:

http://www.legalbeagles.info/forums/...4&d=1359218251

Any chance you can scan in the default notice? ( email it me if easier than zipping files - admin@legalbeagles.info ) Thank you very much. I will scan it tomorrow, as my scanner is not working at the moment.

You've put in your application to set aside the judgment already ? No, not yet. We have got the paperwork here but am not sure what to put as a reason for asking for the judgement to be set aside. Shall I put down that AK produced 'fake'documents because we think they are fake?

or are you still heading for the hearing to vary the payment amounts ? I rang the Court Office the other day. They said to put the Application in. Now because the judgment is valid at present then still to head for the hearing to vary the payments. So can we tell the judge about the application. Shall we put it asap or wait till mid week next week and put it in just before the hearing? I don't suppose AK will send an agent for a 10-min. hearing next week. So perhaps it would easier to put the Application in in the beginning of next week or even mid-week?

[strawberrybabe]

Re: MBNA- Active Kapital went to Court and got a judgment. Could you help, please?

Hi Amethyst, thank you so much for your help. Now, I cannot find the Default Notice but it looked like one in one your threads that it was said there, that if you have one like that, then it would mean that you have a 'faulty' Default Notice (sorry, I can't find that thread now...). Moreover, it said there that MBNA should have asked in the Default Notice for arrears only to be payable by certain date and NOT the full amount. Is that so?

[strawberrybabe]

Re: MBNA- Active Kapital went to Court and got a judgment. Could you help, please?

AK sent an apparent MBNA DEfault Notice from MBNA. Notice dated 11th January 2010. On another exibit that AK produced at Court, a letter from MBNA to show that Varde Investments (Ireland) Ltd. have now been assigned the account (No date on the letter). What is curious that on this letter it says that the Default Notice was given on.... 31/12/2009. Does it matter?

[Amethyst]

Re: MBNA- Active Kapital went to Court and got a judgment. Could you help, please?

just moved you into the court claim forum so I can see your thread easier and you won't get missed.

[Amethyst]

Re: MBNA- Active Kapital went to Court and got a judgment. Could you help, please?

Okay we best get this application to set aside it.



So in section 3 use the first line and last line and in the middle explain what happened with regards the defending the case and your husbands Op and recuperation. Any detail of telling court and claimant about Op and being away etc.

You have a bit of a delay between Judgment and now so explain that it has taken time for you to get advice on what to do.


Then Para 10 put see attached Witness Statement


Then we write the witness statement, draft order and the defence.


so Draft Order
----------------------------------------------------------------------------------------------------

IN THE XXXXXXXXXXXXXXXXX COUNTY COURT

Claim No. XXXXXXXX

BETWEEN:
XXXXXXXXXX
Claimant
- and –
Defendant
XXXXXXXXXX

_________________________________

DRAFT ORDER
_________________________________


IT IS ORDERED THAT:

Upon reading the defendant's application dated xxxxxxxxxxxxx

It is ordered that:


The judgment dated [insert date of judgment] be set aside.

The Defendant shall file and serve its Defence by 4pm on [insert date].

The Claimant do pay the Defendant's costs of this application to the sum of £155

The Claimant has permission to file and serve a reply if so required.

------------------------------------------------------------------------------------------------------




witness statement for an idea.... basically list everything that happened all letters etc - it is factual this happened, that happened, not what you think about what happened (ie not that the agreement was dodgy etc)

IN THE XXXXXXXXXXXXXXXXX COUNTY COURT

Claim No. XXXXXXXX

BETWEEN:
XXXXXXXXXX
Claimant
- and –
Defendant
XXXXXXXXXX

_________________________________

WITNESS STATEMENT OF xxxxxxxxxxxxxxxxxxxxxx
_________________________________



I XXXXXXXXXX of XXXXXXXXXX address XXXXXXXXXX being the Defendant in this case will state as follows;

1. I make this Witness Statement in support of the application for an order that the judgment in this case (Claim No. XXXXXXXXXXX Judgment dated XXXXX) be set aside.

2: CPR 13.3 states (1) In any other case, the court may set aside or vary a judgment entered under Part 12 if –
(a) the defendant has a real prospect of successfully defending the claim; or
(b) it appears to the court that there is some other good reason why –
(i) the judgment should be set aside or varied; or
(ii) the defendant should be allowed to defend the claim.

3. I received the claim in this case on xxxxxxxxxxxxxxxxxx

4. On xxx date xxx I submitted my defence in the case which stated xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

5. On xxx date xxxx I received xxxxxxxxxxxxxxxxxxxxxxxxxxx

5. On xxxxxxxdatexxxx I sent a letter to the Claimant asking them for a copy of the credit agreement under s.78 of the consumer Credit Act.

5. On xxx date xxxx I received xxxxxxxxxxxxxxxxxxxxxxxxx

6. On xxx date xxxx I informed the court I would be unavailable to attend a hearing between xxxxxxxxxxxxxxx and xxxxxxxxxxxxxxxxx

7. On xx date xxx I had an operation to xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

8. On xx date xxx I stayed at my parents for recuperation xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

9. On xx date xx I returned home and found a letter from xxxxxxxxxxxxxxxxxxxxxxxx 'General form of Judgment or Order' stating xxxxxxxxxxxxxxxxxxxxxxx

10: On xxx date xx I contacted the court/claimant and said xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

11. I am a litigant in person and it has taken me some time to find out how to xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

12.

13. On XXXXXXXXXX 2014 I made a written/telephone request to the Claimant solicitors inviting them to consent to set aside the judgment due to the reasons in paragraph 4.

14. The Claimant did not respond to my request / turned down my request.

15. I therefore ask that the Court sets aside the judgment in this claim and allows 14 days for me to submit my defence.

16. There is a hearing set for my application to vary the order dated xxxxxxxxxxxxxxxxxx and I request that the court hear this application to set aside the judgment at the same time.


Statement of Truth

I, XXXXXX, the Defendant, believe the facts stated within this Witness Statement to be true.


Signed: ________________________________

Dated:

[Amethyst]

Re: MBNA- Active Kapital went to Court and got a judgment. Could you help, please?

Then we get on with the defence....