CCJ application from Aktiv KApital/PGA Group

[Nibbler]

Re: CCJ application from Aktiv KApital/PGA Group

On those terms of mediation I can't see how you could possibly agree to go ahead.

[FlamingParrot]

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?

On those terms of mediation I can't see how you could possibly agree to go ahead.

Those are the standard mediation terms. If nothing has changed since the defence was submitted in terms of them sending documents then mediation cannot go ahead, unless you'd changed your mind about defending and wish to settle instead of going forward.

[Nelix]

Re: CCJ application from Aktiv KApital/PGA Group

OK, so when they call I will be telling them that I cannot agree to all 4 of their statements.

What tends to happen once mediation is unable to proceed?

Cheers

[FlamingParrot]

Re: CCJ application from Aktiv KApital/PGA Group

OK, so when they call I will be telling them that I cannot agree to all 4 of their statements.

The letter says they will call within eight days of the date on that letter so it should be some time this week. You can't say you cannot agree to all four statements, point 2 for a start would be one you'd agree to, and point 4 only refers to your availability on the date specified. Basically mediation would fail on point 3. because you can't say you've got enough information and have no requirement for further evidence if they've not supplied you with the paperwork. :nono: And if they've not done it so far, it's highly unlikely the'll whip it up in the next couple of weeks. :flypig: :flypig:

What tends to happen once mediation is unable to proceed?

Cheers

The case progresses to court. :ranger:

[Nelix]

Re: CCJ application from Aktiv KApital/PGA Group

So, Hi again everyone.

This is still ongoing so thought I would update you all.

First off, we have been told that mediation can not go ahead/will not work in this case. We have just had a call from the court to say that the case has been passed back by the judge as they do not appear to have a defence, even though I have sent the above to them.

Am I right in thinking that the witness statement is different from a defence?

If so, how should the defence be formatted and what should it contain over and above what is already in the witness statement?

We are also awaiting statements from MBNA after god knows how long of them trying to find the account so I am also going to ask for the application to be stayed to allow more time for us to receive the statements.

Any advice relating to the above 2 questions would be greatly appreciated.

P.S. I also need to add a note informing them why the mother in law cannot attend court, due to bad nerves, poor health etc, some guidance on the best way to word this would also be greatly appreciated.

Kind Regards

Nelix

[FlamingParrot]

Re: CCJ application from Aktiv KApital/PGA Group

So, Hi again everyone.

This is still ongoing so thought I would update you all.

First off, we have been told that mediation can not go ahead/will not work in this case.

Hi

That's usually the case when you have not been provided with the documents, as you wouldn't be willing to compromise on a claim they can't evidence.

We have just had a call from the court to say that the case has been passed back by the judge as they do not appear to have a defence, even though I have sent the above to them.

If it's got this far it would be because you filed a defence in the first place, otherwise the claimants would just have requested default judgment without the need for N180 questionnaires or mediation! Sounds like an admin glitch, I think there was another case on here where the court had somehow misplaced the defence. :confused2:

Am I right in thinking that the witness statement is different from a defence?

Yes, the defence was what you submitted (online or via the response pack) saying this debt was SBd I believe, from what I can see reading back through this thread.

If so, how should the defence be formatted and what should it contain over and above what is already in the witness statement?

This is what you'd previously posted as your defence:

The defense was as follows:

I have written to this company on 2 occasions (I have enclosed a copy of the 2 letters for ease of reference) stating that the last payment or acknowledgement of this debt was made over 6 years ago and requesting documentation stating otherwise. I have to this date not had any response.
I would like to request that this order is set aside until such time as I receive the requested documentation.

Not the best defense in the world I agree but we were rushed as the allowed time to respond had expired (sent on day 15 of the 14 limit).

Regards

Nelix

We are also awaiting statements from MBNA after god knows how long of them trying to find the account so I am also going to ask for the application to be stayed to allow more time for us to receive the statements.

If you submitted a SBd defence, the burden of proof is on THEM to show it isn't, not on yourselves to show it is. :thumb:

[Nelix]

Re: CCJ application from Aktiv KApital/PGA Group

Thanks for the info, I'll re-submit the defence.

How do you think I should word the fact that she will not be attending the hearing due to nerves, poor health etc?

Thanks again

[nemesis45]

Re: CCJ application from Aktiv KApital/PGA Group

Thanks for the info, I'll re-submit the defence.

How do you think I should word the fact that she will not be attending the hearing due to nerves, poor health etc?

Thanks again

Just simply Nelix.

The defendant Ms xxxxxxxxxxxx is in poor health suffering from acute anxiety add anything else that precludes attending the hearing.
and respectfully asks the court to consider he defence in her absence.

[Nelix]

Re: CCJ application from Aktiv KApital/PGA Group

Hi All

I have received the attached letter from the courts.

I find it strange that they have offered mediation again as it has already been down that route and they said they would be unable to help in this case. I have in the meantime accepted the offer of mediation and am awaiting a response from them.

PGA have still not sent us the documents that we have asked for so I am assuming that they don't have them so will be unable to what we believe in that this is statute barred.

I will keep you all updated on the progress.

Kind Regards

[Nelix]

Re: CCJ application from Aktiv KApital/PGA Group

Hi

Just another update.

We received the attached today from PGA's Solicitors. Turns out they did have the documents that we asked for months ago and have only just sent them.

The transaction log that they have shows that the last payment on the account was made on 7th Dec 2009, we thought it was Statute Barred but unfortunately, for the sake of a few weeks, it turns out that it is not.

Nevermind.

Thanks for all the help and advice, it was really appreciated, shame we could not have got this delayed for a month but at the end of the day the parents in law owe the money so will be coming to an arrangement with them.

Thanks again everyone.

[nemesis45]

Re: CCJ application from Aktiv KApital/PGA Group

Hi

Just another update.

We received the attached today from PGA's Solicitors. Turns out they did have the documents that we asked for months ago and have only just sent them.

The transaction log that they have shows that the last payment on the account was made on 7th Dec 2009, we thought it was Statute Barred but unfortunately, for the sake of a few weeks, it turns out that it is not.

Nevermind.

Thanks for all the help and advice, it was really appreciated, shame we could not have got this delayed for a month but at the end of the day the parents in law owe the money so will be coming to an arrangement with them.

Thanks again everyone.

Good evening Nelix,

Before giving up did you ever receive a copy of the agreement for this credit card?
If you did have you posted it here?

nem

[Nelix]

Re: CCJ application from Aktiv KApital/PGA Group

Good evening Nelix,

Before giving up did you ever receive a copy of the agreement for this credit card?
If you did have you posted it here?

nem

The only agreement that we received was in the form of a badly photocopied document that I posted in post #23 of this thread.

Thanks

[Nelix]

Re: CCJ application from Aktiv KApital/PGA Group

Hi again

Just had a phone call from the mediation service and they have arranged a meeting via telephone for tomorrow. I am waiting for them to call me back to confirm that PGA's solicitor also agreed.

Never done this before, I know that as the money is owed then it should be pretty straight forward but what's the best way to handle this?

[nemesis45]

Re: CCJ application from Aktiv KApital/PGA Group

Hi again

Just had a phone call from the mediation service and they have arranged a meeting via telephone for tomorrow. I am waiting for them to call me back to confirm that PGA's solicitor also agreed.

Never done this before, I know that as the money is owed then it should be pretty straight forward but what's the best way to handle this?

Do you have all the documents that are mentioned in the claim so you can refer to them?
You need to work out what you can reasonably afford to pay without causing hardship to you and / or your family, an offer simply must be reasonable, affordable and sustainable over a prolonged period.

Listen carefully to what the mediator says when he/she relays the creditor points to you, make notes.
The mediator is not a solicitor or barrister and cannot give you legal advice.

The result if payments are agreed will be a Consent (Tomlin) order binding on all parties this stays the claim as long as the terms of the order are met.
No CCJ is handed down.
If you break the agreement the creditor can apply for summary judgement.

nem

[Nelix]

Re: CCJ application from Aktiv KApital/PGA Group

Thanks nem

I have the paperwork, I would have thought the agreement that they sent would be more than a single page.

In the latter they mention that they are willing to accept a figure and state that it is substantially less that the original debt, however the figure they quote is actually more than the original debt, I appreciate that there will be costs on top of that too so that is probably why it is higher.

I'll go through income and expenditure with the in laws tonight in preparation for tomorrow.

Thanks again

Nelix