I had similar dealings with these people, CCJ just over 6yrs old, no CCA etc. I kept on sending them reminders of their non-compliance and requests for info/copies of the CCJ paperwork. I SAR'd them also just to see what they had on me. I contacted the OC with a CCA & SAR and a request for the CCJ paperwork, I also contact the Northampton County Court Bulk Centre where Active said the CCJ was issued from and they could not supply any information on the CCJ. Needless to say, after months of letter sending, Active relented and closed their file, wiping out a debt of about £4000 because they could not supply a valid CCA or any CCJ paperwork and knew they could not enforce the debt or the CCJ in court. As Goldlady said, contact them again asking for proof of the CCJ, I would also contact the OC for the info aswell.

As far as I am aware they are in breach of the OFT Guidelines on Debt Collection, as they should not be offering or asking anyone to take out another loan to repay them a debt in full. I would report them to Trading Standards and the OFT.

Being honest it will not do you any harm at all. I sent them a S.A.R - (Subject Access Request) aswell towards the end of my battle with them just to seem exactly what they had and as you have found out most of the correspondence I sent them was not recorded on their systems. Don't give up keep at them and don't forget to ask for help on this group. As Curlyben said SAR the (OC) Orignal Creditor, I did this aswell and they had nothing at all on me.

Aktiv Kapital are tough nuts to crack, just remind them that they have not complied with your CCA request and they will never be able to enforce the alleged debt by their own admission. In a round about way tell them where to go. It took me about 8 months to get them off my back, eventually they realised they were fighting a losing battle and gave up, so it is worth pursuing. If you need any further help in what to say to them then let me know.

Earlier this year I CCA'd a DCA which was subject to a CCJ which had just passed the 6yr mark, it was a struggle to get any sense out of them as they kept sending standard printed letters and no CCA so I involved the original creditor aswell and CCA'd them and SAR'd both, I also asked both for details of the CCJ, which neither could supply, other than saying to contact Northampton Bulk Centre, the SAR's did not show anything either. I contacted the court and they could not supply copies either. Subsequently after much too'ing and fro'ing between the OC, DCA and myself I sent a final strongly worded letter and I had a reply from the DCA that they were closing their file on me and would not contact me again. I also received a letter from the OC saying that the DCA had informed them the file was closed and the balance of over £4000 had been written off. This might be a slightly different situation as the CCJ had already dropped of the public register and my credit file, but it shows if you persist and hope that the OC and DCA have a crap filing system then it is possible to successfully tackle an account with a CCJ on it.

just subscribing, may use some of this if it gets this far with me.

Just Subscribing because any info you help might be useful for me later.

I have the same problem with Cabot supplying an application form. You have definately been supplied with an application, it is unenforceable as an agreement as it does not contain the prescribed terms. I was given some advice in my Cabot thread, but have not written a reply to Cabot yet, take a look. http://www.consumeractiongroup.co.uk/forum/cabot/108414-grobbo24-cabot-monument.html Once I have written a reply to them I will post it on the above link.

Thanks for the info louiboy, will add that to the letter as well as some other bits I got from your earlier link. I will definatley be reporting them to Trading Standards.

Hopefully this is better to read.

Hi louiboy, there are no precscribed terms of interest rates or repayment rates on the application, so I know it is unenforceable but not sure how to reply to Cabot telling them it is unenforceable.

Monument Sold a Disputed debt to Cabot, I had CCA'd Monument in January and obviously they have committed an offence. When Cabot sent the welcome letter, I started the process again, which they defaulted on but have just sent the attached letter along with a copy of the application, as the agreement. Can someone adivse me of a good reply to Cabot pointing out that this is an application and not an agreement as it does not have the prescribed terms on it. I have searched on the forums but can't seem to find a letter, even though I'm sure there is one. Here is the letter from Cabot The T&C's is a seperate photocopy of a monument T&C from 2003, when the application is dated 2001. There are no signatures on the T&C's and no signature of the Creditor on the alleged agreement (I have blanked out my info only) If anyone can point me in the right direction of what to write to Cabot I would be most greatful.

It is 6 years from the date the default was recorded and not the date of clearing the debt. So your credit file would be clear of the default in 2006 if it was registered in 2000.

Subscribing just in case, good luck with this.

I don't think Ebay fees will be covered by a CCA as they are not a form of credit, but fees for listing items for sale on it's website. Someone with more knowledge may be along soon to offer some advice for this type of situation.