MBNA - Aktiv Kapital x 2

[JammyDodger41]

I am wondering if I have done the right thing with regards to two MBNA debts. We acknowledge the debts and had an agreement with MBNA to pay those. The debts were passed onto Aktiv Kapital last year. I have checked our Credit File and it states Aktiv Kapital as now owning the debts and the MBNA information is showing as settled. I began making payments to Aktiv Kapital for both debts and have continued to do so. I am wondering now if I was too hasty in just accepting that I should pay Aktiv Kapital. I didn't send a Prove t Letter , I just paid them what I had been paying MBNA previously.

Have I done the right thing here do you think and should I continue to pay Aktiv Kapital please ?

Any advice as usual, greatly appreciated.

Thankyou.

[FlamingParrot]

Re: MBNA - Aktiv Kapital x 2

Thankyou again Mike and Flaming Parrot.

The agreement was 2006. I will need to read what you have told me properly , Im not actually sure what a CPR31.14 is, do I send that directly to the solicitors or the court ?

It is a letter requesting documents mentioned in the particulars of claim, you can find one here: http://www.legalbeagles.info/forums/...382#post410382

That has to go to the solicitors, not the court. The second box down on the left of your claim form should have their details and the address for correspondence. There is no fee but it's always a good idea to send it recorded.

Im not sure what I need to write in the defence section to the courts either. I will start a new thread as suggested which will probably be tomorrow now.

You will write your defence later on, once you have their response (or not as the case may be). What you will be doing next is acknowledging service and saying you intend to defend the whole claim. That should give you a further 14 days to file your defence, a total of 33 days from date printed on claim (5 days are allowed for service). You will find instructions here: http://www.legalbeagles.info/forums/...313#post499313

You will need to bear with me if I ask stupid questions , so apologies in advance.

No need to apologise, that's what we're here for.

The day I received the LBA one of my parents was taken into hospital with a terminal diagnosis, I am rushing back there now. I am concerned as to how much time I will have to deal with this properly as it has come at the worst possible time. I will try and read tonight and make it back here tomorrow. Thankyou both so much, your help is much appreciated.

Sorry to hear that. You won't have to spend a lot of time dealing with the claim, once you acknowledge and send the CPR request you'll have a month to file your defence. We'll have to review the details of the account but we have time to do that.

[JammyDodger41]

Re: MBNA - Aktiv Kapital x 2

Thankyou again Mike and Flaming Parrot.

The agreement was 2006. I will need to read what you have told me properly , Im not actually sure what a CPR31.14 is, do I send that directly to the solicitors or the court ? Im not sure what I need to write in the defence section to the courts either. I will start a new thread as suggested which will probably be tomorrow now.

You will need to bear with me if I ask stupid questions , so apologies in advance. The day I received the LBA one of my parents was taken into hospital with a terminal diagnosis, I am rushing back there now. I am concerned as to how much time I will have to deal with this properly as it has come at the worst possible time. I will try and read tonight and make it back here tomorrow. Thankyou both so much, your help is much appreciated.

[FlamingParrot]

Re: MBNA - Aktiv Kapital x 2

Mike and ODC, many thanks for your replies above, had a bit of a family emergency and this is the first chance I have had to log back in.

I referred J&P back to the previous CCA request as you suggested and also enclosed a copy of previous correspondance with regards to this. Due to family problem I didnt manage to send the letter until the 27th May unfortunately. This was sent recorded delivery so would have been received on the 28th May . Today I have received a Court notice dated the 28th May with 14 days to respond with an additional £265 added for Court and Solicitors fees and £600 in interest. They have sent a response pack, but I am unsure where we go now with this now. Any help as usual much appreciated please.

I would suggest starting a new thread in the court claims area: http://www.legalbeagles.info/forums/...-a-Court-Claim and scan or type up the particulars of claim to make it easier to deal with this issue. I nearly missed the fact you had received a claim!

You need to start by acknowledging service and saying you will defend the whole claim. Full details on this thread: http://www.legalbeagles.info/forums/...it-Court-Claim

Just to add, I have checked the Royal Mail tracking and J&P signed and received my CCA Request letter at 08.24am on the 28th May and filed for this court order on the same day.

you must register thru MICOL on line and that you wish to defend, that gives you a further 28 days. pity about the delay in sending reminder about the CCA request, anyway you can CPR31.14 . include the CCA1974 agreement, also for all documents referred to within the contents of the N1 court form BUT only the listed documents listed.

As you have already sent the CCA request you can omit that step and just send the CPR 31.14 request to the solicitors acting for the claimant as stated on the claim form. They have to respond to that one in 7 days, after which you'll need to chase it, however, there's no need to chase the CCA request, if they don't comply with it, that fact can also be used in your defence. :thumb:

all I can advise at this stage, No CCA1974 then then they have to slow down and produce one if the CCA1974 is pre-2007.

The requirement to respond to a CCA request does not refer just to pre-2007 agreements, s.77/78 are still pretty much alive and well. :grin:

If the cards were taken out before April 2007, then the court cannot enforce unless there was a properly executed agreement with all the prescribed terms to start with, that's where the repealed s.127 kicks in. :thumb:

[MIKE770]

Re: MBNA - Aktiv Kapital x 2

you must register thru MICOL on line and that you wish to defend, that gives you a further 28 days. pity about the delay in sending reminder about the CCA request, anyway you can CPR31.14 . include the CCA1974 agreement, also for all documents referred to within the contents of the N1 court form BUT only the listed documents listed.

all I can advise at this stage, No CCA1974 then then they have to slow down and produce one if the CCA1974 is pre-2007.

Nemisis must be busy but he will no doubt guide you further on this, but do acknowledge claim as above but do not admit it.

[JammyDodger41]

Re: MBNA - Aktiv Kapital x 2

Just to add, I have checked the Royal Mail tracking and J&P signed and received my CCA Request letter at 08.24am on the 28th May and filed for this court order on the same day.

[JammyDodger41]

Re: MBNA - Aktiv Kapital x 2

Mike and ODC, many thanks for your replies above, had a bit of a family emergency and this is the first chance I have had to log back in.

I referred J&P back to the previous CCA request as you suggested and also enclosed a copy of previous correspondance with regards to this. Due to family problem I didnt manage to send the letter until the 27th May unfortunately. This was sent recorded delivery so would have been received on the 28th May . Today I have received a Court notice dated the 28th May with 14 days to respond with an additional £265 added for Court and Solicitors fees and £600 in interest. They have sent a response pack, but I am unsure where we go now with this now. Any help as usual much appreciated please.

[ODC]

Re: MBNA - Aktiv Kapital x 2

As Mike says. Pure unaduterated BS from these Cretins. They try to scare people into thinking they are something more than a bunch of toothless bully boys and threat monkeys.. Usual DCA full of ifs and maybe's.

[MIKE770]

Re: MBNA - Aktiv Kapital x 2

Their usual A.K. missive, a load of rubbish = investigation in your circumstances! somebody just pressed button B for next harassment letter.


J&P refer them to CCA1974 request of date xxxxx or a prove it letter, Nemises will be here shortly no doubt to advise!

[JammyDodger41]

Re: MBNA - Aktiv Kapital x 2

I'm back again for more advice please. This lot just wont go away !

After my posts above, I sent another Prove It letter / CCA request for the larger of the two accounts along with copies of letters between myself and (as it was then ) Aktiv Kapital, re this alleged debt to PRA and they have not responded to any of these letters. Today though I have received another letter, this states that they have apparently carried out investigations into my personal circumstances to determine the best course of action to recover the debt in full. Their choices they believe are 1) begin legal action to recover the full balance, or 2) Passing the account for a home visit by a debt collector to arrange a suitable repayment plan. I'm not too concerned by this,as I very much doubt that they will do either, but should I just file this one, or refer them back again to my CCA request . What would you advise please ?

The second letter I received today was from Judge and Priestley re the second smaller debt. I dont think they have pursued this one recently, but this has appeared out of the blue. They say they have been instructed by PRA to recover the debt in full. Shall I refer J&P back to my CCA request in 2013 re this account or send them a Prove It letter as well, or ignore it, or last option go back and challenge PRA over this latest development please ?

Sorry once more for bothering you all again, any advice as always gratefully appreciated.

[JammyDodger41]

Re: MBNA - Aktiv Kapital x 2

Thankyou again Nemesis !! I have a feeling I will keep on popping back up for a while with this.

So, you dont think its worth me just sending copies of the last three letters to AK rather than starting again with PRA ?

[nemesis45]

Re: MBNA - Aktiv Kapital x 2

Hello again!!
Send prove it letter to PRA and a CCA request under separate cover (don't forget the £1 fee cheque or postal order endorsed " for statutory fee only".
Let's see what they come up with this time.

nem

[JammyDodger41]

Re: MBNA - Aktiv Kapital x 2

On second thoughts I could just send them copies of the prove it letters sent to AK in 2013 ?

[JammyDodger41]

Re: MBNA - Aktiv Kapital x 2

Thankyou for your advice above Menemis, sorry for the delay in responding to you.

I have today received a letter from PRA re the higher of the MBNA debts statign that they are now passing the account to their solcitors Judge and Priestley with a view to a court claim being issued against us. I have not made contact with PRA so far, not since they began contacting us in December last year, but am thinking that I may now have to do so. We sent the prove it letters when it was Aktiv Krapital but they seem to think that now they are PRA the fact that they coudlnt provide us with the original CCA is irrelevant and it appears that we need to begin the whole prove it process all over again.

Would anyone reading be able to give me your thoughts on this please ?

[nemesis45]

Re: MBNA - Aktiv Kapital x 2

Refer PRA to the Appeal Court Judgement (2014) in Roberts - v - BOS which has clearly defined at what point and a what level harassment is caused after an entity has been instructed to cease telephone contact.
The " contact " referred to is easily defined as " an Unequivocal Written Acknowledgment of a Debt",.

So any communication must refer to " the alleged debt" and contain the phrase "I do not acknowledge any liability for the alleged debt".