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...

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..

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)!!

Excuse the delay in responding but thanks a bunch PriorityOny, very, very much appreciated! Letter sent! :)

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."

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?

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

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!

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.

Rory, I thought as much!! Thanks for the confirmation, I will post my intended reply later for review

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...

anybody out there!!!!

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

BUMP!!!! any help much appreciated....

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

Yea its a real pain in the **** but what can I do. Sent a complaint to OFT who replied that if they find the agreemetn months after they can still 'unforetunately' enforce the agreement. &*&% Anyway onwards is the only way to go. Surprise surprise MBNA have nto responded to my earlier letter regards fees and charges so I am putting together my POC for them. As my letter states they continued to apply interest despite the fact that teh account was in default after my refund request and tehy couldnt find the agreement. Question, if they find the agreement X months after my CCA can tehy then expect to recoup all interest [and therefore charges] that they were criminal or is this then unlawfull???? I have the standard POC for charges and interest so thats OK, but for teh unlawful interest applied while account in dispute, will this suffice; "The claimant further contends that: from *********** to *********** teh Defendent continued to apply interest to this account despite teh fact that teh account was in dispute initatied by the Claimants refund request dated ***** (if it is unlawful to add interest when they ahve not provided the agreement i would add and the Defendents criminal failure to provide the original agreement upon the claimants request) The Claimant claims; a-return of interest amounting to ****** Cost allowed by the court etc, etc

is it imperative I use legal jargon or can I submit a defense at this stage in laymans terminology and take the time to swot up?

BUMP: Any advice much appreciated as I hve to submit defence by 29th September.

Thanks a bunch very much appreciated will look over the sources suggested and rework it.

The Claimants believes and contends that: The Defendant with no fault of the Claimants failed to produce a true copy of the original inventory list taken at the time the Claimants entered the property. And despite repeated request by the Claimants for a copy for the original inventory list the Defendant ignored the Claimants request and subsequently proceeded to charge the Claimants for cost falling within the alleged inventory list further making deduction from the Claimants deposit under the premise of said items being on the original inventory list without providing evidence and proving which items and the value of said items were actually in the original inventory. The Claimants therefore asks the court to compensate the Claimants for any charges the Defendant may have taken from the deposit including interest over the lifetime of the tenancy at 14.9% or at rate specified by the court. Despite repeated requests from the Claimants and first agreeing to provide details to the Claimants the Defendant later declined and then refused to provide details for the independent inventory clerk to contrary to Section 7 (iii) of the Tenancy Agreement which states “The inventory clerk’s details can be obtained from The landlord”. The Defendant appointed an uncertified and unknown inventory clerk to carry out the inventory check and as a result the Claimants refused to accept all the conclusions made by the inventory clerk in their document entitled “ Inventory of Contents and Schedule of Decorative Condition” dated 10th August 2007. The Claimants also notes the disclaimer on the document entitled “ Inventory of Contents and Schedule of Decorative Condition” dated 10th August 2007 which states “ provided by the alleged inventory clerk which states “the person preparing the inventory is not an expert in fabrics woods materials antiques etc nor a qualified surveyor. The inventory should not be used as a full description (i.e. for insurance purposes) of each and every piece of furniture and equipment, nor as structural survey”. The Defendant failed to adhere to good practice by keeping the Claimants deposit in a separate account or providing the Claimants with written statements detailing exactly what the deposit covers and when the money was to be returned. The Defendant refused to provide the Claimants despite the Claimants repeated requests for details of a satisfactory professional cleaning contrary to Section 7 (iv) of the tenancy agreement which states “the professional cleaning companies details can be obtained from the Landlord’. The Claimants then hired what they thought were suitable cleaners. Later in exiting the premises the Defendant’s then miraculously found a professional service and proceeded to charge the Claimants for professional cleaning services despite the Claimants earlier attempts to do so. The Claimants believe therefore that any charges made by the Defendant should be repaid. The Claimants contends that the Defendant has sought to replace items used items with new items and rectify original structural faults within the property that were not immediately present or visible on entering the property. The Defendant failed to offer the Claimants with the opportunity to make remedy to any complaints/charges laid out in their schedule report. As a direct result the Claimants was refused the opportunity to remedy any damages that were allegedly made. The Defendant refused to provide the Claimants with written quotes/estimates for any work undertaken. The Defendant claims that 2 quotes were arrived at but has refused to furnish the Claimants with either the quotes received or the names of the companies from who the quotes taken. The Defendant then undertook the work without prior consent of the Claimants deducting the cost from the Claimants’s deposit held without prior consent from the Claimants. Further contrary to any assertions made by the Defendant the Claimants did not run a business from the property. Indeed at the outset of the tenancy the Claimants Leslie Onyesoh outlined to Simon Milner Moore that he would use the address as an administrative address only. At no time has the property been used to run a business or generate income from this address. The address has only been used for administration purposes only with the registered corporate address being held elsewhere. Does any of this make sense??

CL finance have returned with my original agreement though it is somewhat mangled and has been scratched and written over. They have also initiated proceedings. “the claimants claim for the sum of XXX being monies due from the Defendant to the Claimant under a regulated credit agreement between the defendant and the GE Capital Bank Ltd under ref XXXXX and assigned to the Claimant on the 19th April 2007 notice of which has been given to the defendant. The defendant has failed to make payment in accordance with the terms of the agreement and a default notice has been served upon the defendant pursuant to Section 87(1) of the Consumer Credit Act 1974. I asked for my credit agreement which as I have mentioned I received. The question is how does one assess whether the agreement presented is sufficient to their purposes as there are several scrawlings and scratchings on the form.They alsofailed to provide a deed of assignment. I made SAR request 9th February 2007 and incomplete statements were provided. Further requests were unanswered. I applied for my original credit agreement on in my CCA request dated 20th May 2007 which was prior to their Default Notice as applied by CL Finance. The account was under dispute and I asked them to remove the Default notice which they failed to do. Unfortunately had a few domestic issue and moving so lost sight of this and they have beaten me to the punch. Shall I counter sue identifying reasons that they have applied an improperly dated Default Notice and failed to remove it on request, GE Money failed to satisfy my SAR request and as account remains in dispute, given they have failed in their duty to provide all statements. Is this the way to go any advice much appreciated and the proper content for the POC would be great.

*&%&^** The b%^^ards have found my original agreement!!!! I received it in the mail only a few days ago. Very upsetting but time to shift gears and get my charges back (glad I didnt pay the £250 to initiate now). Here's my proposed letter: ************ I am in receipt of your letter dated 31st August 2007 attached to which appears to be my original credit agreement. In your letter you remind me that there are 4 outstanding payments totalling £1268.28. It appears I must remind you that this account has been in dispute since 20th May 2007 instigated by my refund request letter of that date. From that time this account has been in dispute and as such 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 AND THIS ACCOUNT CANNOT BE PASSED ON DEBT COLLECTION AGENCIES. And lastly, I was NOT OBLIGATE TO MAKE FURTHER PAYMENT TO THE ACCOUNT. . However MBNA have continued to add interest to my account from the 20th May 2007 and as you are no doubt aware that is an unlawful action. I would ask therefore that you credit me the amount of interest charged since the 20th May 2007 to this account. Further I am also asking that you now refund me the total amount of £2,338.40 as outlined in my reject Goodwill Letter dated the 20th July 2007 and addressed to Rachel Claridge Assistant Vice President, Customer Advocate Office; in which I state “I respectfully decline your further offer of good will in full and final settlement of my complaint. I repeat once again that I expect the immediate return of all charges and costs made on this alleged account from May 2001 to May 2007 totalling £2,338.40 which includes £763.00 of charges and interest of £1,575.40. I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.” However further charges have been added to this account since my letter of the 26th May and In summary; Please refund the amount of interest charged on the account since the 20th May 2007. This account was in dispute as of that time and NO INTEREST can be added to the account. Repayment should be made direct to my account I hereby renew my request for refund of unlawful charges made to this account totalling £2,338.40 which includes £763.00 of charges and interest of £1,575.40. Regardless of the wording of any automated letters sent to me, these charges constitute a contractual penalty, as the amounts bear no relation to the actual loss incurred by you in relation to my breaches of the terms & conditions of my account. I remind you that such penalty charges are legally unenforceable. Even if a term exists in the contract that authorises penalty charges, such a term would be void, as it would be a clear breach of the Unfair Terms in Consumer Contracts Regulations 1999, specifically sections 5-8. In the Scottish case of Castaneda and Others v. Clydebank Engineering and Shipbuilding Co., Ltd. (1904) 12 SLT 498 the House of Lords held that a contractual party can only recover damages for actual or liquidated losses incurred from a breach of contract. This is also the position in English law: Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79. At the time of my initial request MBNA were currently applying interest at the rate of 22.4% APR for unauthorised borrowing. I have applied the same rate to my request in accordance with current consumer contract legislation, as you have unlawfully applied penalty charges that you had no right to, which therefore amounts to your unauthorised borrowing of my money. Further, you denied me the opportunity to invest funds unlawfully taken from my account, denied me the economic benefit of these funds in the first instance, and have been unjustly enriched having been able to re-lend, and profit from money that rightfully belonged to me, at commercial rates. Please return the total amount of £2,338.40 within 14 days of the date of this letter. I reserve the right to commence court proceedings without any further notice should you fail to comply with my request, I will also submit a 1974 Act complaint to the OFT I formally request that you make payment to me directly by cheque ONLY. Yours sincerely

MBNA are threatening to take me to court which is actually what I want..given that I dont have to pay the court fee (save a fee bob up front). Is there any downside to wait for them to do this or should I initiate proceedings?

In a bit of a rush so not too sure whether I should post this. The situation with landlord has gone very bad. They have not provided the original inventory list, have undertaken repairs and are asking for more money. i sent the template letter in this forum asking for evidence of dilligence with our depoist i.e putting in seperate account etc, original inventoy, proof of certification of inventory clerk and quotes from companies alleged doing the repairs (the husband is an interior decorator) but nothing. What and where are the POC for initating court proceedings against an errant landlord? thx

Hi, does anyone have a brief description of claim for CCI non compliance. (I seem to remember seeing one somewhere). Been moving (with no home internet access) for another week so a bit harder to track. thx