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Robinson40

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Everything posted by Robinson40

  1. they are not looking to do anything, it was i that had to contact them. the address is the name and we have not had any letters in the last two years since the ex went. i had to pin them down to get them to tell me what was going on. they are not willing to do anything tbh. I just want the whole thing to go away as there is nothing to prove my names on it.
  2. he knew alright as he knew about the credit cards/mobile phone debts etc. i believe the ccj was done in 2006/7 so quite a while ago. no i dont have contact he went up north with one of his girlfriends and the kids and i havent seen him for a long time. sorry
  3. Hi, i am new to the forum and would like some advice please. I was left two years ago by my husband and left with a large sum of debts. I have managed to pay all but one off. The debt is with a company called Aktiv Kapital, the only reason i found out about the debt was due to a credit file search i made to basically repair any issues. I contacted the company concerned as i noticed that there was a CCJ against my name and my ex partner plus it was showing as a default? This was totally a surprise to me. Eventually after two emails i managed to get a response telling me it was in respect of a loan taken out in 2000 with HSBC? I asked how much and was told nearly £9.5 k which was over £2k more than the ccj details. When i eventually got to it and asked about my name being on the debt i was sent a screen dump of their system details. When i asked for the phone log etc of their file i was sent a pdf file which stated in conversations obviously had with my self they could not tell me who they were and where they were from as i wasn't the debtor? So then this alerted me that i actually wasn't named. They were asked for a copy of the original agreement. They asked me to wait, which i did and then returned to me stating that HSBC did not have the agreement and that they were acting in good faith when buying the debt which meant currently they could not reinforce it? I asked for this in writing and requested a copy of their complaints proceedure. With the advice of the Financial Ombudsman I asked for a final response, which i got stating again that they had stopped all action on this account as they could not enforce it. Then a week later after i had referred all of this to the ombudsman i received a letter stating that although it was unenforceable that i was responsible for the debt and couldnt get out of paying for it? Now as i have found out they have a CCJ against myself and my ex, there is also a land registry charge. Aktiv Kapital have basically admitted that they have never had a copy of the original credit agreement so i am unsure how they have managed to get the court action through otherwise it would be on their legal part of the file surely. My husband never said a word about any of the debts it was only until the day after he moved out that i went through the paper work he left that i found out about the money owing to many different sources. Can someone advise me whether the ombudsman will be able to help me, i dont care about the compensation aspect i just want this thing gone off my file and the ccj removed along with the land registry charge. Can they do this for me and does anyone think i have a case here or just blowing in the wind? thanks
  4. The HSBC debt is actually a loan, and not anything to do with the joint bank account as far as i can tell. Yes i was still with my husband when Aktiv Kapital got the CCJ. No i didnt get copies of paper work as i have found that the ex was hiding debts and left me with 32k as at 8/09 i have been clearing them in order of priority, this one was the last.
  5. hi sorry for confusing every one. mortgage - still joint with ex awaiting financial settlement on property. Debt - original was apparantly a joint debt HSBC from 2000, defaulted in 2007 according to my credit file although i have no knowledge of it other than we had a joint bank account. Aktiv Kapital - brought the debt off HSBC , instructed solicitors to lodge a CCJ against us jointly and registered a land registry charge, which was passed in Northampton court which is totally computer based. I have asked for a copy of the original paperwork to show i am actually on the debt as i have not recollection of it atall, the mortgage company are aware of my ex who is being a pig and left me in this situation. One of the mortgage advisers went to their legal department and was told to advise me to stick to my guns on the proof of the debt and was told if they couldnt find it that they would be unable to enforce it. So now i need to know how to remove the CCJ and the Land registry charge as if i am not on the original debt then surely they cant take something that my ex will be signed off as not having a vested interest in? The morgage company have said i need the letter and that although the 12 + 2 days apply that Aktiv Kapital can stall me continuously and then i would need to get in touch with the Fair Trading/Financial Ombudsman to get it sorted. Hope this makes more sense? Could anyone please help.
  6. Hi i have just done the prove it email, and i got a responce saying "Thank you for your email. We refer to your request for documentation/further information regarding your agreement with *******HSBC Bank Plc under Sections 77 to 79 of the Consumer Credit Act. Although we purchased the right to recover the outstanding balance due under the agreement, as we are not the original creditor we do not hold the original documentation in this matter. In order to obtain this, we did contact the original creditor, in an effort to resolve this matter. Unfortunately, in this case, the original creditor has been unable to provide us with the information that you have requested, and as such we now inform you that we will cease all further collections activity in regards to this matter, whilst not in possession of such documents." currently they have my file with the complaints department currently with the senior management and confirmed this formaly on Tuesday but they have as yet not responded with details of the time that it will take or whether they have to do by a certain date? So persavere. I have a CCJ/Land registry charge against my property and i didnt realise as my ex hid the debts from me. So when phonecalls came years ago asking to speak to him specifically as he was the debtor i didnt realise stupid i know. Their call log proved they stated this as well as i was sent a copy. So currently waiting for assistance on my legal rights at the moment, financial ombudsman stated i was due compensation if they couldnt find the information as the loan goes back to 2000 but the CCj was put through in 2007?
  7. Hi, i am in dire need of help. I have found a debt on my credit reference and it states that i have a debt/ccj/land registry charge with a company called Aktiv Kapital. The mortgage company have stated they werent aware of the second charge and did state in their initial contract that it couldnt be done. I followed the link to contact Aktiv Kapital and stated that my ex has gone from the property leaving me with a large amount of debt which i am working through and this is the last of the major ones. The amount on the CF was £7800 at the date 2007 when the CCJ was put on. Now the file was updated in dec 2010. I asked them for an update balance and details of the charges on the account. They came back stating that they would accept a full and final payment of £7800 to remove anything. I again ased for the costs/charges break down. I was sent a pdf file which i looked at it showed rather an extorionate amount of interest that was being charged which is approximately £100 per week, there was also a call log showing that they had contacted us and that a woman (myself) had answered but been told they couldnt talk to me as they could only talk to the debtor. As my husband had many phonecalls about this time i didnt realise there were so many debts. Anyway i asked them to clarify if i was actually on the debt as this was implying i wasnt as they couldnt talk to me, they came back again just saying yes, so i asked for proof, they sent me a screen dump of their system. Again i asked for the proof with a white lie stating i had been given legal advice to ask for the original. They came back with an official line that they had gone back to HSBC who they brought the debt off of who said that they didnt have a copy of the original paper work as it dated back to 2000. Aktiv Kapital then said that they would not follow on with the chasing of this debt while they didnt have a copy of the paper work. Anyways, i emailed back and asked if there was a time limit as i am concerned this will be left to hang and i dont need this especially as i am divorcing my husband and the financial settlement is likely to be that he signs the house over as it has no equity plus he left us with so much debt etc. Aktiv Kapital emailed me back on Tuesday confirming that my file had been passed to the Complaints department again with no confirmation of when they would have to deal with this by? I basically would like to know my rights as if they cant prove at what point can i ask for the information to be removed and the CCJ/Land registry be removed as i dont remember any HSBC loan that i had taken out? I basically want to secure my future for the sake of my children as one of them is disabled and will need long term care so the house is an investment.
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