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About batty69

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  1. Sign up to one of these, go through the verification process and find out what markers and searches have been left on your credit report. Also as per DX, do a DSAR, it's an absolute treasure trove and sorted out my problems everytime I had to go to court over these "defaults" And NEVER EVER SPEAK ON THE PHONE TO THEM!!!!!! My personal interest in this, is these alleged debts from Barclays get sold to a company called Aktiv Kapital (or one of their myriad of sub companies), what their strategy is to sit on these debts for years and then wait for a significant life e
  2. Yeah I will need to dig out all of the original paperwork, it was said in court but can't remember if it was on the judges order. Yep I should send the SB letter, but this has gone on way to long, likewise I remember with my counterclaim some people told me not to bother and let it rest. However the impact it has on me and the fact that it never goes away, means I am willing to pursue any legal remedy possible to the bitter end with Aktiv.
  3. Thanks Andy, and thanks again for all of that help years ago, much appreciated
  4. Signing into this, as I have had the same problem since the late 90's on my student Barclays accounts and have been getting chased for the last 18 years for non existent defaults. Do you know if any debt collecting agencies are trying to collect this alleged default ?
  5. I can't believe I have had to return to this forum after 7 years, but Aktiv Kapital have started Harassing me again! My previous thread is here... But in short, about 2002 Aktiv Kapital started harassing with me some debts from Barclays. In 2012, they sneekily took out court action at a address I didn't live at, got a ccj by default which cost me my job and caused a house purchase to fall through. They then took enforcement action at my correct address. This was easily set aside and they discontinued the action, then in 2013 they initiated the court action again. I coun
  6. I can pretty much guarantee you that the debt has not been assigned. They failed to provide the assignment in my case, and when I won my counterclaim, the payment did not come from IND but the original "Creditor" @Andyorch, surely this should not be allowed ? I.e. someone claiming to court that they are the claimant when in reality they are a disguised legal team acting on behalf of a 3rd party ?
  7. Miscreant, Please find a way to validate the dates of these alleged payments. I have yet to see an IND claim where they havn't tampered with the dates. They either move the date back if within the SB limits to maximise the statutory interest, or move the date forward if it is outside the SB limit to bring it inside.
  8. To add to Andy's comment, once there is a CCJ the burden of proof swings the other way in trying to obtain a set aside. It's no longer a case of can they prove the debt, can you prove (or show enough evidence) that the debt is not yours. The only other way IIRC is to prove was their effective service of the claim. But the fact you submitted a defence a day late, pretty much scuppers that one I think
  9. That they do indeed, and they are not even clever or try to hide the fact. One of the ones they attempted to pull with me was to get my witness statement struck out because I submitted it 5 mins before the deadline on the Friday. Their reasoning ? In actual words "The defendant submitted his w/s close to the deadline thus denying us the opportunity to write ours in response" The Judge was not impressed at all!!
  10. Update on this, we went for the assessment and had the thing recorded. The whole thing took about 2 hours complete. Assessor seemed fair, and when using an old report to compare against. I asked her to read out some bits where we know we have been "misquoted" in the past. However we have now had a phonecall from the assessors wanting to "clarify" some answers. I presume her boss is not happy with the report and think we are a soft target for our claim to be rejected. Stupidly, the other half agreed to have the phonecall there and then without rearranging. Anyone have any i
  11. Thanks for the responses, will keep you all updated with how things go. I fully expect us to be turned down, we always are, but then win on appeal. However I have got fed up of the blatant lies they make and the time and distress involved in appealing. So this time, I'm going to be fully prepared and will be taking action beyond just appealing. With the help of this group in the past, I have taken on a billion pound company on my own in court and won. So I'm not averse to a big fight against these kind of sharks.
  12. My partner who is on lifetime DLA is being reassessed for PIP. Having had an uphill struggle to claim other benefits and his pension, we are well versed with their tricks by now. This morning he a received a random phonecall from someone unwilling to identify themselves, who was asking for personal information. He refused, unless the person identified themselves and gave a return phone number (it was a 'private number on the caller ID) for him to call on. They refused point blank and said "There's no point in continuing the conversation and slammed the phone down" Despite the fact my
  13. Don't mean to be the bearer of bad news, but unless IND have changed their modus operandi (which I doubt), they will follow through on this. This is what they did to me. They took a stayed case (about 2 years) and followed it through right to the bitter end. Even turning up in court, with no paperwork, no proof of assignment or ownership of the debt, not even any proof the original account existed. Obviously the judge through a wobbler at this, IND's reasoning as to why took something to court without any proof, was because I had stupidly paid some money to them in past to get
  14. Some back of the envelope calculations show that about 50% of the judgement amount is interest applied by the court. However IND notice of assignment show they were only assigned the debt earlier in the year, so they have been able to claim a vast amount of interest from before they owned the debt. And the only reason they were awarded this amount was because the claim was undefended. Surely that is enough grounds challenge the original judgement ? Otherwise we would have situations where even claimants with 100% cast iron winnable claims deliberately sneaking judgement
  15. Don't forget, you have no docs still, have no idea of how strong or weak your position is. You need to start getting your ducks in a row. Here's my advise for what to do next 1) have a good read about IND on here, get an idea of who and what you are against 2) if you have 1) you will see they will ignore every request for the docs. Don't wast too much time on it, but at least make a token attempt for the docs so you claim later on they have refused to give them to you. 3) get your docs, best way is go back to lloyds and SAR them. 4) keep us updated on
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