CCJ application from Aktiv KApital/PGA Group

[nemesis45]

Re: CCJ application from Aktiv KApital/PGA Group

I have been speaking with the in-laws regarding attending the court hearing at the local court and they are really worried and quite adamant that they are not able to attend due to nerves, I agree that their nerves are bad. Is there any way in which they can submit their defense in writing.

The mother in law says she would commit suicide if she had to attend court.

Nelix

Oh dear that's not so good Nelix,
The small claims court is held in " chambers" not in an open court but I can
understand their feelings.

You can submit a witness statement in support of the defence and submit it
to the court stating that the defendant is unable to attend in person due to age
and ill health leaving the claim in the hands of the judge who will proceed on the
evidence before him/her.

nem

[FlamingParrot]

Re: CCJ application from Aktiv KApital/PGA Group

I have been speaking with the in-laws regarding attending the court hearing at the local court and they are really worried and quite adamant that they are not able to attend due to nerves, I agree that their nerves are bad. Is there any way in which they can submit their defense in writing.

The mother in law says she would commit suicide if she had to attend court.

Nelix

It may not come to that, the burden of proof is on the claimant to establish the debt is not SB and they may not be able to do that.

You may want to tell them that a small claims hearing is an informal affair and has nothing to do with what you see on courtroom dramas, it's not a magistrates court where you get judged for committing a criminal offence either, it's just a little meeting with a judge and possibly a representative of the other side's, I say possibly because they don't always bother to turn up and if they do, they sometimes send a trainee paralegal who may be more nervous than the defendant. There really is nothing to be concerned about and judgment would be purely on the legal matters surrounding the evidence supplied to the court regarding this debt, not a personal judgment where you would be found guilty or innocent. :juge:

[nemesis45]

Re: CCJ application from Aktiv KApital/PGA Group

It's clear to me Nelix that your mother would not be at all comfortable with
a visit to the court, and if she feels that strongly attempting to persuade her
will be just another trauma to endure.
The defence and witness statement can be amended to illustrate the problem.

nem

[Nelix]

Re: CCJ application from Aktiv KApital/PGA Group

It's clear to me Nelix that your mother would not be at all comfortable with
a visit to the court, and if she feels that strongly attempting to persuade her
will be just another trauma to endure.
The defence and witness statement can be amended to illustrate the problem.

nem

I agree, I have tried explaining what to expect and it is making her upset. I will gather the statements and put together her defense and draft a witness statement on her behalf. Is there a template anywhere that I can use or is it just a matter of typing it up and getting her to sign it then submitting it to the court and AK's Solicitors?

Regards

Nelix

[FlamingParrot]

Re: CCJ application from Aktiv KApital/PGA Group

I agree, I have tried explaining what to expect and it is making her upset. I will gather the statements and put together her defense and draft a witness statement on her behalf. Is there a template anywhere that I can use or is it just a matter of typing it up and getting her to sign it then submitting it to the court and AK's Solicitors?

Not templates as such because they need to be adapted to suit but there are some examples:

• WS: http://www.legalbeagles.info/forums/...ness-Statement
• Generic 'no documents' defence: http://www.legalbeagles.info/forums/...t-Court-Claims
• One that combines not having received documents and SBd: http://www.legalbeagles.info/forums/...011#post494011

Would be best if you could draft and post up before they get sent. Obviously the defence has to be in before it reaches the stage where a WS is necessary. The defence can usually be submitted online. :typing:

[Celestine]

Re: CCJ application from Aktiv KApital/PGA Group

The 'defence' has already been filed, so permission to amend would need to be sought.

[FlamingParrot]

Re: CCJ application from Aktiv KApital/PGA Group

The 'defence' has already been filed, so permission to amend would need to be sought.

That's true, I overlooked that fact when I posted the links because they were asking about the defence but they actually only came here after they filed it. It probably wouldn't be necessary to amend it if the debt is SBd.

[Nelix]

Re: CCJ application from Aktiv KApital/PGA Group

I got the mother in law to call Santander as the agreement had an account number on to see if they could provide statements for this account. She was told that she would have to go into a branch and call from there. she has just informed me that after 45 mins on the phone to Santander that they can not see ANY credit card account that has ever been open in her name, they cannot trace any account using the account number that we supplied, they can see every other account in her name but NOTHING relating to a credit card.

Should I still send another CCA to AK as they did did not send full terms and conditions with the first one that they send, I must admit that we did not send the £1 PO with the first request either.

[FlamingParrot]

Re: CCJ application from Aktiv KApital/PGA Group

I got the mother in law to call Santander as the agreement had an account number on to see if they could provide statements for this account. She was told that she would have to go into a branch and call from there. she has just informed me that after 45 mins on the phone to Santander that they can not see ANY credit card account that has ever been open in her name, they cannot trace any account using the account number that we supplied, they can see every other account in her name but NOTHING relating to a credit card.

I suspected that may be the case as per my earlier post, re-quoted below. The A&L cards were managed by MBNA, not Santander. Santander didn't send any info whatsoever about my old A&L card in their SAR, however, I did get full account history (minus the non-existent agreement), from MBNA, as noted below. If a SAR is going to be sent about an A&L card, then I'd say it should go to MBNA. :typing:

They may be able to obtain a few for the last few months but if they want the whole lot they'll have to send a SAR. Even then, it was a bit of a struggle with Santander to go beyond six months. Eventually I did get six years, but I only got statements of my current and savings accounts, none for the old A&L credit card which had been re-branded MBNA. It didn't concern me because I'd already sent MBNA a SAR in March 2010 but I don't think Santander would have the statements for the MBNA cards. My SAR was sent in Dec 2011 and they didn't supply them back then. :ohwell:

Basically when the A&L went belly up, Santander took over, but left the management of the A&L cards totally up to MBNA and started offering its own credit cards.

Should I still send another CCA to AK as they did did not send full terms and conditions with the first one that they send, I must admit that we did not send the £1 PO with the first request either.

You have the right to send another CCA request once 30 days have passed since your previous request, and it should be sent with the £1 PO. :thumb:

Not having included the PO could be an argument for non-complying with the request at all but not a reason for leaving bits out. :mmph:

[Nelix]

Re: CCJ application from Aktiv KApital/PGA Group

I'll get her to try and contact MBNA.

I'll send another CCA too.

Thanks

[Nelix]

Re: CCJ application from Aktiv KApital/PGA Group

Hi

I'm back, I have had real problems gathering the relevant information from the in-laws, whenever it was mentioned they pretty much did not want to know.

I have drafted the following based on what I know or have prised out of them:









Let me know if anything needs amending or adding as I need to get this sent off ASAP.

Kind Regards

Nelix

[MIKE770]

Re: CCJ application from Aktiv KApital/PGA Group

your name showing ahhhhhhhhhhhhhhhhhhhhhhhhhh

[Nelix]

Re: CCJ application from Aktiv KApital/PGA Group

Oops, I'm out and about at the moment but will re-upload without the name, I've removed the offending doc in the mean time

Thanks for pointing that out. Doh!

EDIT:
OK, so I have removed the name and reposted above.

Thanks again

[Nelix]

Re: CCJ application from Aktiv KApital/PGA Group

I'm currently filling in the Directions Questionaire (Small Claims Track).

Do I send the witness statement attached to it when we send this in?

[Nelix]

Re: CCJ application from Aktiv KApital/PGA Group

OK so we received the below in the post, I must say that we cannot agree with all 4 statements as we do not believe we have been supplied with enough information about the claim.

When they call should I tell them this?

Mediation Redacted.pdf