MBNA and Aktive capital default notice issue.

[dubs1967]

Hi all . Looking for advice regarding Default notice. I received a partial settlement offer on 2 accounts from MBNA in 2009. This ran until sept 25th 2009. My account was defaulted on 30th august and default date on letter was 7th sept 2009. The default notice contained a account number that wasn't my account no.cut along story short MBna sold one account and took me to court for the other. I defended a summary judgement and came to a settlement with MBNA(restons).this left the other account outstanding. I made some payments to the Dca and they then sold said account to Aktive capital. These payments ceased and I ignored request for payment as it was in dispute. Took me to court last week and I was confident I could succeed ;((. Very wrong!! Judge gave me nothing . Struck out my original default notice and stated the claimant had the correct one !! I rang MBna today and the lady said my account number would change on the de fault notice ? Hence I have the original with changed ax no and claimant has mock up with original ac no ?? WTF HELP. Thanks in advance

[mystery1]

Re: MBNA and Aktive capital default notice issue.

http://www.legislation.gov.uk/uksi/1.../contents/made

M1

[dubs1967]

Re: MBNA and Aktive capital default notice issue.

You have lost me ? Rubbish ? Don't follow ?

[nemesis45]

Re: MBNA and Aktive capital default notice issue.

Hi this a little confusing, " partial settlement offer"?? running until 25/2009. Did you accept and make a partial settlement?
The date on a default notice is not the date a default is registered and reported to credit reference agencies, this may be up to 6 months after a default notice issued. This may be where the confusion starts.

So what to you claim was the original default date and what did the judge find was the default date?
Which company obtained the summary judgement?

nem

[nemesis45]

Re: MBNA and Aktive capital default notice issue.

You have lost me ? Rubbish ? Don't follow ?

Mystery 1's post is appropriate here.
If you would care to make post one coherent and consider the questions in post 4 we may be able to help.

nem

[dubs1967]

Re: MBNA and Aktive capital default notice issue.

Hi . I dint make the payment for partial settlement as MBna defaulted the account before I had chance to settle. MBna tried for summary judgement but failed due to defective DN. Yes it is confusing.my point is how can my DN be accepted as defective in SJ case . But not in this case with a DCA

[nemesis45]

Re: MBNA and Aktive capital default notice issue.

If you answer the questions it would help.
Is this one account or two?
The " default date" on the letter was this letter a Default Notice?
" defended a summary judgement" do you mean an application to set aside or an application for summary judgement?
You refer to " your original default notice" being struck out by the judge for what reason did the judge do this?

Really need to know why the default was defective in the first place?
I presume the judgement stands?

nem

[mystery1]

Re: MBNA and Aktive capital default notice issue.

The part under *********************************signature******** **************************** is my, err, signature and appears under every post i make. It it is intended to encourage people who want help to help those helping them by providing enough information so that the help is useful.

M1

[Amethyst]

Re: MBNA and Aktive capital default notice issue.

Centre and bold it M1 xxx like mine (ish)

[dubs1967]

Re: MBNA and Aktive capital default notice issue.

2 accounts included in the settlement offer. One kept by mbna and one sold on. Defended summary judgement by mbna, and came to a settlement full and final. One account outstanding being the one I am talking about where judgement was entered . Defective DN !! I had original and the claimant had mock up ! With different account number ! The judge ruled that claimant had correct one ? Claiming full balance and not stating arrears to put account in order !!

[nemesis45]

Re: MBNA and Aktive capital default notice issue.

The settlement offer it seems is irrelevant.
Keep the accounts totally separate.
So the account remaining with MBNA is settled and of no relevance now?
What was the outcome of last weeks hearing, was this a set aside hearing?



Is this Aktive Kapital that was in court last week?

[dubs1967]

Re: MBNA and Aktive capital default notice issue.

Hi nemesis . Yes you are correct the mbna issue was settled. Ak have this account and judgement was entered against me . I wish to appeal the judgement on the grounds of the defective DN and selling the account while I had a settlement offer in place .

[dubs1967]

Re: MBNA and Aktive capital default notice issue.

Precedent set ?

[nemesis45]

Re: MBNA and Aktive capital default notice issue.

You will need to apply for the judgement to be set aside, to do this you must be able to show that you have a viable defence to the original claim, the is of course a cost top pay.

You can appeal a district judges findings again this will not be inexpensive.

Can you tell me why the judge rejected your Default Notice?

nem

[mystery1]

Re: MBNA and Aktive capital default notice issue.

Set aside ? He wants and needs to appeal. The court decided already and he reckons the default notice relied upon was faulty and the judge has erred in law.

M1