AK Claimform - MBNA card 'debt'

[MandM]

Hi MB,

 

Don't let any of this (below) distract you from your defence, you're doing a sterling job.

 

As this is fast track I'm assuming the value is quite substantial. I see you offered a F&F of £100 which in all honesty was likely to be turned down flat.

If you don't have the cash to pay off a lump sum in settlement then there's not a lot you can offer on that score. However, you could try and tempt them with a low figure repayment plan.

 

I have negotiated my way out of one or two of these (CCJs) by doing this. Firstly, complete the I&E which will demonstrate how much you can afford to pay monthly/weekly/whatever. Then make an offer based on that I&E. Make it clear that you will provide this to the court should you lose when it comes to the matter of costs and you will be able to show that you made every effort to re-pay them based on what you could afford. If they reject that then it's their risk! They'll be aware that it is unlikely that a court will force you to pay more than you can afford. I'm sure people on here will help with the wording if you draft something up.

 

You can confirm that you would be prepared to agree to this by way of a consent order so that their ar$es are covered too

 

If you can get them to that stage then I'm sure the fine people on here will help you with the wording. No doubt their first draft will be weighted heavily in their favour. You may have to agree to things such as a 6 monthly review, etc etc but unless your circumstances change significantly there's little they can do as long as you keep up the payments - so never set it high!! You might want to offer a little more than the I&E calculation though to demonstrate how nice you are, if it continues to trial and you lose then remind them that they'll be looking at the lower amount.

 

You don't have to let this halt your defence in anyway, and as said by others above, you've taken advice on the documents they have provided and you believe that you could and should win at trial based on the advice you have been given regarding thire documents. Get some doubt in their minds.

 

It doesn't always work though, they're certainly not obliged to accept your offer but it may also give them a feel of what they can expect out of it should they win.

 

Regards,

 

Mike

[MeeBroke]

Thanks everyone! Great to have some options. Can someone tell me more about CPUTR?

 

MB

Edited July 17, 2013 by MeeBroke

[kenzo5]

hi

 

I have read it is applicable to pre court but I used anyway as whether they give a y/n answer or fudge the question speaks volumes

 

I make formal request under the Consumer Protection from Unfair Trading Regulations (CPUTR, 2008) for written confirmation as to whether xxxx (solicitors), and/or xxxx (OC) currently hold or have ever held a properly executed Consumer Credit Agreement in your/their possession pertaining to myself and if not, to kindly confirm so in writing.

 

do a search on this forum for the thread

 

k

[MeeBroke]

hi

 

I have read it is applicable to pre court but I used anyway as whether they give a y/n answer or fudge the question speaks volumes

 

I make formal request under the Consumer Protection from Unfair Trading Regulations (CPUTR, 2008) for written confirmation as to whether xxxx (solicitors), and/or xxxx (OC) currently hold or have ever held a properly executed Consumer Credit Agreement in your/their possession pertaining to myself and if not, to kindly confirm so in writing.

 

do a search on this forum for the thread

 

k

 

Brilliant, I've read up about this. May be worth a letter to Aktiv Kapital whilst all else goes on.

 

Thank you

MB

[AndyOrch]

But it only achieves the same as a section 77/78 request which they must comply to unlike CPUTR which they can reply or not at their discretion.

[MeeBroke]

But it only achieves the same as a section 77/78 request which they must comply to unlike CPUTR which they can reply or not at their discretion.

 

Hi Andy

 

I thought the CPUTR required them to declare whether they were in possession of the original agreement, rather than a (in my case very grainy) facsimile? Or is that a moot point i.e. they don't have to have the original?

 

Thanks

 

MB

[AndyOrch]

Hi Andy

 

I thought the CPUTR required them to declare whether they were in possession of the original agreement, rather than a (in my case very grainy) facsimile? Or is that a moot point i.e. they don't have to have the original?

 

Thanks

 

MB

 

 

And what benefit would that be MB to your case?

[MeeBroke]

And what benefit would that be MB to your case?

 

That's why I was asking if it was a moot point. If no one actually has to have the original it would be of no benefit.

 

Thanks

MB

[kenzo5]

hi MB

 

Sorry to put you on a bum steer re CPUTR. I thought under S77/78 they could send a true copy whereas for a pre 2007 agreement to enforce they had to have original with prescribed terms within 4 corners. They don't have to reply but a simple yes (i'm knackered), no (they're knackered) or no direct reply (what are they hiding) give an indication on next approach to negotiation and eliminates one possible surprise at court.

 

However Andy knows much, much more than me about your case and the law so I'd take his advice over mine

 

k

[Guest]

under a cca request they can send a reconstitution, but it should be accurate (kotecha v phoenix case).

for agreements prior to 4/07, then section 127, 3 consumer credit act should still apply ie the Wilson First County case. but with Carey, and Mcguffick cases in mind cf.

a compliant default notice is also required, if applicable.

if a creditor has happened to make any misleading statements as defined in the course of events, then cputr could apply re those statements in its own right. but it is not a substitute for a cca request as such. and there is no requirement to declare anything upon request.

Edited July 18, 2013 by Ford

[MeeBroke]

Thanks so much everyone for all of your help. I've been feeling a bit stressed about it all lately and your support is massively appreciated .

 

For reference, this is a pre 2007 case.

[MeeBroke]

Just a quick update. I haven't heard anything from anyone. The stay was until 22 July.

 

I am now going abroad for a couple of weeks. Should I contact the court to let them know I'll be away?

 

Thanks

MB

[AndyOrch]

hI MB

 

If you refer to your last correspondence from the Court with regards the stay imposed until 22 July...does it state anything further if mediation fails?

 

Regards

 

Andy

[MeeBroke]

hI MB

 

If you refer to your last correspondence from the Court with regards the stay imposed until 22 July...does it state anything further if mediation fails?

 

Regards

 

Andy

 

Hi Andy

 

No, there is no further information as to what happens next.

 

MB

[AndyOrch]

Ok well check the status of the claim with the court (it should be stayed) and if there is any pending directions on file.Also inform the court of your absence then you are covered if anything should arise whilst you are away.

[MeeBroke]

Ok well check the status of the claim with the court (it should be stayed) and if there is any pending directions on file.Also inform the court of your absence then you are covered if anything should arise whilst you are away.

 

Sod's Law, all I have to do to receive a letter from someone is type on here that I haven't heard anything, lol.

 

My wife has just texted to say there is a now letter at home from the Court. I'll see what it says and report back later today.

 

Cheers

MB

 

Note: I have already informed the Court I will be away from tomorrow.

Edited August 8, 2013 by MeeBroke

[Capricorn1601]

hopefully it will be good news for you

[MeeBroke]

It is a notification that the claim is being assigned to a judge who will consider the case and allocate it to a track. No timeline.

 

MB

[Capricorn1601]

Fingers crossed they pull out

[MeeBroke]

Unlikely me thinks.

[Guest]

yes, seems likely to continue atm. which track though might have a bearing on things. as i recall is likely to be fast track?

but, you should be ok re hols as should get adequate notice re a hearing which should be beyond a couple of weeks?

[MeeBroke]

Cheers Ford

 

Definitely fast track. Just hope I'll have enough time to prepare. Letter says I will eventually get an NOA.

 

MB

[MeeBroke]

Morning all. Update:

 

Back in the UK today. I have received nothing from the court.

 

I have however received a letter from AK solicitors informing me of date, time and location of hearing. The date is October. The letter was dated 14 August.

 

There is a Notice of Hearing application to the court but no court document specifying this has been received, approved or that a date has been agreed.

 

There is a WS that at first read looks the same as the one they already sent.

 

There is a copy of the tear-off slip from the CC application which is being used as a CCA.

 

There are two separate, different sets of TCs, neither form part of the CCA document.

 

There is a copy of the DN.

 

There are copies of what I think are NoA. MBA to experto and experto to AK.

 

But as I mentioned, nothing at all from the court has been sent to me.

[Guest]

It is a notification that the claim is being assigned to a judge who will consider the case and allocate it to a track.

you should've got notice of the resulting allocation from the court, in the appropriate form?

1) When it has allocated a claim to a track, the court will serve notice of allocation on every party.

 

(unless maybe that hearing is not the main hearing for trial?)

check with the court

Edited August 25, 2013 by Ford

[MeeBroke]

you should've got notice of the resulting allocation from the court, with the appropriate form?

(unless maybe that hearing is not the main hearing?)

check with the court

 

Thanks Ford

 

Nothing at all from the court. There's nothing in the letter re track or any instructions whatsoever.

 

MB