MBNA and Aktive capital default notice issue.

[dubs1967]

Re: MBNA and Aktive capital default notice issue.

The claimants solicitor said that because my original default notice had the in correct ac no it didn't relate to my account!! The judge did say it had the same balance outstanding on it . On his summing up he said that the claimant had the correct DN (reconstituted) .so we have two different DNs my original defective one and the mock up.neither stated a figure needed to remedy the account ie arrears!!

[nemesis45]

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

Just trying to get to the basics of what has occurred, tow accounts mentioned only one relevant it seems.

nem

[dubs1967]

Re: MBNA and Aktive capital default notice issue.

Precedent set ?and to add no notice of assignment from mbna.solicitor for claimant argued notice of assignment could come from DCA. Judge agreed . Bullshit letter stating Aktive cap acquired the debt in 2012 from mbna??this was dismissed as it wasn't in my witness statements ! Feeling shafted

[dubs1967]

Re: MBNA and Aktive capital default notice issue.

Letter from claimants solicitor stating my witness statements were late arriving. And asking to take this into account as it could prejudice the trial ? Did the judge dismiss my evidence ? Not that he told me , although it would seem so.

[dubs1967]

Re: MBNA and Aktive capital default notice issue.

Yes just the one ac outstanding.AK

[dubs1967]

Re: MBNA and Aktive capital default notice issue.

......?

[dubs1967]

Re: MBNA and Aktive capital default notice issue.

Any Xperts on CCA s. Default and termination notices ?

[nemesis45]

Re: MBNA and Aktive capital default notice issue.

NOA's can come from either the original creditor and/or the DCA often in the same envelope.

nem

[dubs1967]

Re: MBNA and Aktive capital default notice issue.

Thanks nem. Any timescales ?

[dubs1967]

Re: MBNA and Aktive capital default notice issue.

Daily court interest ? How much can they add ? Ta

[nemesis45]

Re: MBNA and Aktive capital default notice issue.

What time scales they vary in the litigation process.

nem

[dubs1967]

Re: MBNA and Aktive capital default notice issue.

If i appeal the ccj.am i liable for costs if the appeal fails ?The track was small claims. Thanks

[FlamingParrot]

Re: MBNA and Aktive capital default notice issue.

Any Xperts on CCA s. Default and termination notices ?

Not making any claims of expertise but it's always useful if you post up such documents (remove all personal details before you do) so they can be assessed. :typing:

[mystery1]

Re: MBNA and Aktive capital default notice issue.

If i appeal the ccj.am i liable for costs if the appeal fails ?The track was small claims. Thanks

Limited costs, yes.

http://www.law-lords.com/blog-detail...ourt-of-appeal

M1