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  1. Hi all, Sorry not to have responded for such a length of time but I will have to check my records as memory doesn't serve. I know the matter was resolved but some time has passed. n direct response to your email request unfortunately I don't have that information to hand. I don't believe I ever contacted them directly. Only by mail...
  2. Just received from Aktiv Notice of Legal Proceedings taking into consideration the size of the outstanding balance and the previous efforts made to contact you your account has now been passed to our legal review team. Upon their recommendation we will pass this to our solicitors who act on our behalf. It should be nited by yourself that our solicitors would use our correspondence in court as evidenc that we have taken every opportunity to enable you to resolve this matter on an amicable basis. ----- My intended reply would be something like: I ahve received your letter and veiled threat legal action dated ******. You will note that in fact that despite having made efforts to contact me I have been in constant communication with yourselves and have in fact, as is my legal right asked you to provide certain documentation pertaining to the authorisation and legality of any such debt outstanding. To date, despite your repeated threats, demands for payment, unlawful door step visits all of whcih constitute undue harrassment and your latest threat I ahve recevied no such communication from yourselves as to the legality or indeed existence of any outstandign amount. I therefore look forward to my day in court when I too will present all the correspondence including my repeated request for you to satisfy your legal duty. Any court action you consider will be vigourously defended and I will ask the court for additional compensation from the harrassment I ahve had to suffer from your continued badgering. I will again be making a complaint to the relevant authorities which will of course also be made evident in my defence in court. regards..
  3. I received a letter threatening a doorstep visit so I sent a response with the following on the 24/4/08: "There is an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). I revoke license under English Common Law for you, or your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me." However I received this while I was away on the 21/4/08: In response to your request for information, please note that we are not the original creditor nor did we provide you with the original credit faciltiy. we purchased the outstanding debt balance adn right to collect that balance, together with the right to apply interest in accordance with the original credit agreement (where appropriate). We did not purchase the actual agreement, consequently we have no obligation to provide a copy of that agreement or statements. However, as a matter of good practice we have tried to obtain a copy of the original agreement from the original creditor and they have now advised that it is not available. We are the legal owners of your account and your liability is now to us in respect of repaying the outstanding balance that was purchased by this Group of Companies. unless we hear from.............setting out any reason for disputing the account or reasons for non payment the matter will be passed back to our collections division for further action." So there is no agreement, no deed of assignment etc and they expect me to pay them!!?? I know I'm repeating myself but if this were a credit card debt wouldn't I be forcing the account unenforceable, claiming back interest and remove defaults; doesn't the same apply here for the removal of the debt and defaults? what to do now? BTW they did send me a copy of their complaints procedure (yet to read)!!
  4. Excuse the delay in responding but thanks a bunch PriorityOny, very, very much appreciated! Letter sent! :)
  5. Ok just got what i expect is a standard threatening "final notice of proposed legal proceedings". Following on from your suggestions PriorityOne is there a bog standard letter or will this suffice? "Contrary to your letter I have indeed been in continued communication with yourselves regards this alleged account. However it is you, Aktiv Kapital who have failed in your obligations in this matter. As your letter of the **** clearly states, you have failed to meet my statutory request for a copy of my original credit agreement, are in in serious default in failing to supply said alleged agreement and as such I am under no obligation to make any payment towards this alleged account. Despite your own failings it appears you intend to continue to harass me and I will now be making a formal complaint to your local branch of Trading Standards. I also request that you provide me with details of your Complaints Procedure as I intend to take this matter further. I must also advise you that any action you propose to take will be vigorously defended."
  6. Thanks for all the comments. PriorityOne, thx for the insights. While you advocate that I wait for the inevitable response and then initiate a complaints procedure what about getting the CC to render the account unenforceable inc all defaults notices removed as no agreement exists?
  7. OK, time is up!! Kept quite and recieved a letter from Aktiv saying they were going too take me to court for non response. I replied informing them that I had in fact contacted them months prior with a CCA request. they're responses are attached. As you can see they are denying any responsibility to provide an original agreement, indeed the original creditor as they advise no longer has the agreement. they further claim they can enforce the agreeement, charge interest etc in large part because I had made payment on the account ending April 2007. they sent me a deed of assignment which does not quote my name or account number, has no date, being dated 2004 when I stopped paying in 2007??? etc. What are the next steps to put this to bed???!!! thx PS; For some reason the letter wont upload. they write... "we purchased your outstanding debt bbalance and right to collect that balance, together with the right to apply interest in accordance with your original credit agreement (where appropriate). We did not purchase your actual Agreement, consequently we have no obligation to provide you with a copy. Howeever...we have tried to obtain a copy......and tehy ahve advised that it is not availabel. In the meantime there is no reason why our debt collection activities against you should be suspended as you have previously made payments on this account, please find enclosed a p[ayment history. In addition please also find a copy of the deed of assignment. we are the legal owners of your account and liability is now to us in respect of repaying the outstanding balance that..... It is therefore in your best interest to agree an installment arrangement with us, or discuss terms of settlement |( we may give you a substantial discount..... Tom Smith" Assign1.pdf Assign2.pdf
  8. Thanks 'Make the run'.... I admit got wrapped up in my own voice there for a bit. Its good to vent now again against them when they bluster and brag. Will keep it simple or not respond at all. I think I will wait it out and come back to them when the default criminally and proceed to have the debt rendered unenforceable. Thanks again!
  9. Not my best work...in a rush but it seems to be all there. Comments please...THX Dear Sir/Madam, I am in receipt of your letter dated the 22nd November 2007 and all I can say is I am amazed at your complete and utter disregard for both the Consumer Credit Act 1974 and personal rights of the consumer. In response to your letter I would note that I am heartened by the fact that you spurious interpretation of my duties and rights as a lawful consumer are totally incorrect and I understand it unlawful. If the original creditor cannot provide the original credit agreement then the agreement is unenforceable and no debt is owed irrespective of whether you bought the debt or not. I ask you and I am sure the courts will be provide a suitable answer but ‘how can a debt be owed if there is no agreement?’ Further you are presently in default of my CCA request and I will be contacting the appropriate authorities to advise them of this fact. I repeat: I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY You are of course aware that a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued. My original CCA request was made in my letter dated 1.6.2007 and so your inability to provide me with either my orginal credit agreement or a properly constituted deed of assignment is actually a criminal offence. I have provided you more than sufficient time t fulfil your obligatisn but you have seen fit to harass me rather than fulfil your legal obligations. n As such, now that the 12 working days + 40 days have expired (from your receipt of the request for the agreement and supporting documents) the account is now clearly in dispute and your non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities. This account is in dispute beyond any doubt. As such whilst it remains in dispute the agreement is unenforceable. Whilst it is unenforceable, no interest is to be added to the account. No action can be taken against me. No adverse credit references or defaults can be listed against me with Credit Reference Agencies. The account cannot be passed to a Debt Collection Agency. And lastly, I am not obliged to make any further payments to the account. I will advancing this process to the Courts to have the account, the debt rendered unenforceable. I will further be asking the courts fro recovery of costs, expenses and interest applied to this alleged account.
  10. Rory, I thought as much!! Thanks for the confirmation, I will post my intended reply later for review
  11. This was just received from Activ after sending them a CCA request letter from this site. "We acknowledge receipt pf your request from information under the CCA 1974 however we are not the original creditor nor did we provide you with the original credit facility. We purchased your outstanding debt balance and right to collect that balance, together with the right to apply interest in accordance with your original credit agreement (where appropriate). We did not purchase your actual agreement consequently we have no obligation to provide you with a copy of the Agreement. However......if it is available we will forward a copy to you as soon as possible. In the meantime there is n reason why our debt collection activities against you should be suspended, therefore unless we hear from you by telephone or i writing to the address above within seven days from the date of this letter, the matter will eb passed to our collections division for further action. Please note that if the original creditor is unable to provide a copy of the Agreemtn that does not mean that we have no right to continue to request payment f teh outstanding balance. we are the legal owners of your account and your liability is ow to us in respect of repaying outstanding balance that was purchased by this Group of Companies. it is therefore in your interest to agree an instalment arrangement with us, or discuss terms for settlement (we may give you a substantial discount on the original balance for early payment), within the next 10 days." Please advise earliest!! I will post my intended reply shortly...
  12. ony

    Ony vs MBNA (Continued)

    anybody out there!!!!
  13. ony

    Ony vs Capital One

    Back to the fight: Ok contacted court today and told that C1 havent bothered to file a defence and was advised that I should ask for a request for judgement. Using the 'Notice of Issue' form provided by the the court I am to click one of the boxes. In Section D; Obviously pay immediately Amount: OK Period: is that the 6 year eriod of my claim only or from when I first put my claim forward ie 6 years plus recent months? Rate: C1 rate or contractual rate or is this the rate already in my initial claim? Thx
  14. ony

    Ony vs MBNA (Continued)

    BUMP!!!! any help much appreciated....
  15. ony

    Ony vs MBNA (Continued)

    Anyone out there that can advise much appreciated as I want to initiate proceedings ASAP! thx
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