I've come up with a more sensible question - As they have admitted (through their solicitor) that they do not have the original documents, does this then put the account into dispute? In which case, can I request that they return the account to the DCA, as the account is in dispute (and so no legal proceedings should be brought)? Or am i trying to simplify things too much again? The account originally went to another DCA (I forget which one now), and when I sent them a CCA request, they eventually replied that there was no agreement, and so they would no longer be persuing the matter...which would effectively mean that the account was already in dispute, before Egg then sold it onto Aktiv Kapital....However, as I did not bring this up with Egg at the time, I guess it is slightly irrelevent now...?

Thanks Andy! I didn't think it wuld be that easy...damn them for making it so hard! So would you suggest writing to them again? Coming to a mutually acceptable agreement isn't really an option...and I'm guessing that a suggestion along the lines of - 'you have nothing, so why not drop it', probably isnt going to work...or is it? Perhaps I should rephrase that - do you reckon I could get them to drop the claim, by putting it to them that I'm not a pushover, I understand the law, and they don't have what they need for a successful claim? (Probably not, given the way the odds are stacked against the us...) Or should I just carry on with submitting my defence to the court, and putting forward the case that they have none of the necessary documentation for making their claim valid, and hope that I get a sensible judge to look at it. (I should just point out that I deliberately gave the 'short' version of a defence, and have done lots of research into the subject, in case you were a little worried by my flippant approach Cheers

I did have a little chuckle too, when I read it...especially when I saw the actual templates they sent- i didnt really get the point of sending them?! So basically they have nothing, and so would my next move be to try to convince the court to get the claim 'struck out'...?!

Hi all, If I could give you a quick background to where I am currently at... I recently received a claim form from Northampton CCBC – with Aktiv Kapital as the claimant (through their solicitors). They are claiming £3389.75 plus £85 court fee, and £80 solicitor’s fee, making a total claim of £3554.75. The ‘particulars of the claim’ state that I was indebted to Egg for credit advanced, and that the debt was “assigned to the claimant. Notice of assignment was given to the defendant.” It then breaks down the claimants claim: “1. The sum of 3,129.77 2. Statutory interest pursuant to Section 69 of the County Court Act 1984 at a rate of 8.00% per annum from 29/4/10 to 13/5/11 259.98, & thereafter at a daily rate of 0.69 until judgement or sooner payment.” I wrote to their solicitor’s with a CPR 31.14 request asking for the agreement, and the notice of assignment. I also submitted my AOS online stating that I intended to contest jurisdiction (as I did it online I also had to tick the “intend to defend whole claim box” which I presumably would not have to have done if I’d submitted the paper form, but that wasn’t an option for me within the timeframe) I received a reply from Aktiv Kapital’s solicitors which stated the following: “Please find attached copies of documents as requested. A copy of the original agreement, the original document will have been destroyed following scanning; A copy of the template for the Notice of Default we were advised was sent on the 17th March 2009; Copies of the templates for the Notices of Assignment which were sent on the 7th May 2010; Only the templates of the letter are available because invariably only an electronic record of their dispatch is retained.” They have then included as they said templates of letters, which have no relation to me. The supposed letter from Egg to me starts off “Dear Customer” and has none of my details. The default notice has nothing on it that relates to me. The letter from Aktiv Kapital supposedly to me explaining that they bought the debt from Egg and that I supposedly now owe them the money also has none of my details or information on it, or anything relating to me. There is also a letter from Egg to Aktiv Kapital which is a response to Aktiv Kapital’s CCA request on my behalf, dated October 2010, which has my name and address on it. And there is a page of an agreement with my signature and date on it (in 2006). And the signature of someone from Egg, with a date 3 days previous to my handwritten date. There is also a copy of the terms and conditions. Also interestingly, I have just noticed – when I took out the loan I had just finished a masters degree, and I had found out that I was legally allowed to add the letters of my degree certification after my name (ie BSc MA), so I took out the loan with in the name of my name + BSc MA. Which is clearly stated on the ‘Fixed Sum Loan Agreement’. And I remember I used to have a lot of trouble with the automated system because of it (so I eventually got them to change it and take it off) None of the correspondence from Aktiv Kapital has the BSc MA addition. Just thought I’d throw that in to the mix too. I have to submit my defence within the next week and a half...so any suggestions as to what my next step should be would be very gratefully received. Thank you in advance for any help/advice offered.