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  1. Issue Date: 21/02/2017 Claimant: PRA Group Solicitor: Surjit Gida (Legal Rep) Original Creditor: MBNA Particulars of Claim: 1.On 11/06/02 the defendant entered into an agreement with NBNA for a credit card under reference: xxxxxxxxxxxxxxxx. 2.On 31/05/10 the defendant defaulted on the agreement with an outstanding balance of 6895.76. 3.On 29/02/2012 the debt of 6895.76 assigned the debt to PRA Group (UK) on 31/12/2014. Notices of assignment were sent to to the defendant in accordance with S136 Law of Property Act 1925. 4.Payments of 54.00 received up to 13/09/2016. 5.The claimant claims (1) the sum of 6838.76. (2) Statutory interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8% per annum from 13/09/2016 to 20/02/2017, 239.63 Daily rate of 1.50 until judgment or sooner payment. The Claimant claims the sum of 7078.00 for debt and interest. Is the debt Statute Barred: No Info: My mother over the phone registered for a credit card, there was no signing of an agreement. In 2009 her husband, my father developed cancer while working abroad. He carried two thirds of their house hold income. Finances grew increasingly as time went on. I assist as much as possible. All other banks when informed of the situation froze their accounts and worked on a solution. MBNA differed and instead raised interest rates. In May 2010 She defaulted once again. On 04/06/2010 MBNA sent her a letter stipulating her balance was 6905.76 and in order to remedy the breach she must pay £1082.13 by 22 June 2010 (I have this letter). On the 30th My father died at home with my mother, she had no ability to pay. On the 30th she also received a letter from Experto Credite stating Varde Investments (Ireland) has bought the interest of MBNA including the outstanding balance. Thus the legal owner of the account. Under the terms of this assignment Experto Credite had been appointed to recover any and all debt. (I have this letter). She replied after numerous calls and letters on the 14th august 2010 (I have this letter copy), apologising and stating the situation she is in, and her inability to pay the sums owed and how she was treated by MBNA. Eventually finances were looked on and a plea bargain was made whereby my mother and Credite Experto agreed she paid £1 per month (Amazing), from the 20/05/2011 via standing order to an assigned bank account. At the end it states "If your payments stop at any time without us agreeing, the full amount will become payable immediately. (I have this letter). She has paid this every month without fail. This never stopped them from harassing her with letters saying she has monies outstanding, but each time she referred to the agreement and never stopped paying. On the 26/04/2012 a letter was received by Aktiv Kapital stating they have purchased the account from Varde Investments. With an outstanding balance of £6,893.76. They have stated they have been advised of a payment arrangement set up with Experto Credite. And although they own the account, "you should still continue to make your payments to Experto Credite" "Experto Credite will advise us of all the payments you make so we can keep your account up to date" (I have this letter) On the 16/05/2012 Experto Credite sends a statement of account as required by the CCA 1974, stating the assigned balance is £6905.76 (This is the exact original amount stated by NBNA in 2010), paid £13... (£1 every month from since agreement) and the current balance is £6892.76. She continues to pay and receives letters of settlement offers she can't afford but no statements from Experto Credite ever again (I have several examples of offers). She next receives a letter of statement Undated for 13/01/2014-12/01/2015 as requires by CCA. Giving a opening balance on 13/01/2014 of 6873.76 and the closing balance on 12/01/2015 of £6860.76. On the letter it also states Aktiv Kapital (UK) limited changed its name to PRA Group (UK). Then saying they have been assigned the account from Aktiv Kapital. "You do not need to do anything as a result of this change. We will continue to accept payments in the name of Aktiv Kapital, So no changes of payment are needed". (I have this letter) On the 16/01/2015 a letter was received from PRA to inform that the account was assigned to them, re-stating that their name had changed. Also saying "Your existing payment arrangements are not affected by this transfer and do not need to make any changes" (I have this letter). Of course still letter are still sent saying an outstanding amount, offers which she still can't afford and calls about her balance. Her replies over the phone stay the same and she keeps paying. On the 25/01/2016 PRA sends another statement saying her opening balance on 26/01/2015 is £6860.76 payments received 12.00. Closing balance on 25/01/2016 is £6848.76. Of course the calls keep coming and she keeps to the same script. On the 03/01/2017 PRA Group sends a letter to inform her that her account has been transferred to the investigations and litigation department. Saying its a letter before claim as required by Practice Direction on Pre-Action Protocols, for intention of court proceedings. She calls them up and informs them of the agreement to which they say they haven't been sent payment.... She checks every month without fault and her last payments at the end of the year show payments go through... . She argues and yes calls them a liar. don't say why or give a reason for not getting payment. On the 05/01/2017 she gets another statement from PRA Group saying they have payments received of £11.00... . So she goes back to her last statement and sees payments are being made, to the agreed. Her statements come after the 9th of every month and is actually stated on her statements... . So she couldn't check her Dec-Jan Statement. She goes with the premise that as usual they are calling to force a new agreement or get something. She gets one more letter from PRA stating again its with the Investigations Department... . Then on the21 /02/2017 she is sent a County Court Claim Form. She still only has her house to her name and zero finance ability. So she contacts me and I look into what I can but I am no lawyer... I discover Experto Credite is now under Liquidation and her Dec-Jan Statement provides a refund of that £1.00 on ironically the 4th of Jan.... One day after???! Being informed its under a investigation and litigation department.... expert credite website shows their liquidation info. This has gone way over my legal knowledge but surely PRA was responsible for informing my mother that the company was under liquidation.. . Or that they weren't paying. .. To investigate this third party who was being paid.. .. The totals from the statements also don't match up to the statement in the claim.. .. 54 is not correct that's even less. She has only missed 1 payment because it was refunded; she wasn't informed at all of anything. This can't be fair or legal. And the Claimant in their statement has completely ignored the fact there is a payment plan in effect, that they have acknowledged this plan, stated nothing will change..... I am lost in how to put a defence down, as its unfair, even though there is no signed agreement which doesn't matter anyway apparently CCA 2006, she has always paid it. any help, identifying legislation, OFT guideline, code of practice or just how to act would be appreciated. I am getting in touch with a financial Ombudsman, Citizen Advice, then gaining statements for every single month to prove payments if it matters, I have copies of all these letters. But pretty sure in a defence you can only have like 200 characters??. And defence on what grounds.... I am truly thankful for any and all help, Wayne
  2. Long story - short. ... got myself into a financial pickle with various credit cards etc. Due to dwindling income over the last 12 months I have now crashed. I have received default notices on my CC's as I have not made any payments to them over the last 3/4 months. I was just about to contact them [along with some of my other creditors] to advise them of this change in finances etc; with a payment proposal of £1 and statement of Inc and Exp., as now no income. Additionally I was considering the querying the validity of the contracts with the CC companies as others on this forum have done. Concentrating on MBNAeurope for the present: today I have received a letter from AKTIC KAPITAL Portfolio AS, Zug Branch - stating that they have purchased my outstanding balance with MBNA - and they can help get my finances back on track it then goes on to say that they are Aktic Kapital UK Ltd who will be collecting the balance of £xxxx.xx that I owe on behalf of Aktic Kapital Portfolio AS, Zug Branch. they want me to cancel and DD/SO's [there are none; otherwise i wouldnt have gone into default!!] as paying mbna would cause a delay in them being able to reduce my balance. small print:... aktiv kapital uk ltd is part of the aktiv kapital ASA [norway] group of companies. CCA licence 510166. registered office, wells house, elmfield road, bromley, kent, br1 1lt. 'under the terms of this assignment and as defined in the data protection act 1998, Aktic Kapial portfolio AS, zug branch is now the data controller of your personal data...' so my questions are: do i acknowledge their letter? do i deal with mbna at all now? do i ask Aktiv Kapital for original contract/proof of debt? any other pointers would be great please [especially if any more letters 'assignments or purchases' of my other credit card debts start arriving]. thanks in advance.
  3. Hi I am trying to help a friend with a court action brought about by Aktiv Kapital for an MBNA Credit Card account for c£12k for which no payment has been made for three years. An initial claim form was received in January to which a defence was submitted on the 9 February 2014, a CPR 31.14 request was also submitted (Copies attached). To date no reply to the CPR request has been received and a notification of allocation to the Fast Track has now been received. I am unsure as to the best way to complete this and would be grateful to receive any guidance that can be offered at this stage. I am aware of the cost implications of the Fast Track process but do feel that as no evidence has been supplied the only option is to defend. Can anyone please help me progress and return the allocation form? Many thanks B
  4. Hi All, This is my first post. I received this letter this morning. I have no idea what the hell it's about. They haven't said anything about what it is? It seems very ambiguous. The first two letters from them were trying to ascertain whether I lived at that address or not. Do I need to send them a letter asking for further details of this supposed debt? I would appreciate a nod in the right direction. Regards,
  5. Hello I have a debt with Lloyds TSB which has a balance of circa £23k. Believe it or not, this debt started its life as a £26k loan nearly 10yrs ago and LLoyds refused to freeze interest when I began a DMP with Payplan. Sorry, that's by the bye! I received a ketter today from Aktiv Kapital introducing themselves and with it was a copy of the "NOA" from Lloyds passing on the debt. It looksfor all the world like they've just cut and pasted text onto a rubbish photocopy of an old letterhead from Lloyds. As I haven't received any correspondence from Lloyds themselves am I being paranoid or do DCA's actually regularly try to produce dodgy NOA's? I just thought I'd see if anyone had come across this before Thankyou xxx
  6. Am sure this is covered somewhere but when it affects you that fear sets in...and I need your help - Had a default on card account from almost 6 years ago. I was ill at time, went through hell and have never recovered. The default is recorded as Nov 2006 but there is a ''updated record'' in 2010 showing on my credit report. I have seen letter over the years, but not been able to pay anyway and have ignored. Will the six years be up this year or from the ''updated date''The letter threatens me with solicitors, court action, visits, bailiffs......can they do this? I am scared to leave my home, scared to answer the door, never answer the home phone.
  7. I've been on before under a different username (can't recall the password!). Summary of previous history is that I was sent claims for 4 debts from Thames Credit, which were from more than 6 years previous. I sent the Statute Barred letters from the library for each of them by recorded delivery, and had letters back asking that I get in touch by telephone with them to discuss why I thought that they were Statute Barred - which I ignored. In the last few months, I've started getting letters from Aktiv Kapital (who owned the now defunct Thames Credit), chasing the smallest of the loans. I have ignored theses. What has now got me annoyed is that they have somehow obtained my mobile 'phone number (probably by someone trawling through Facebook). I have been either refusing the calls, or (more often, letting them ring on silently). They started around one month ago, but haven't been every day - however, today they have tried 6 times (some listed as the main number, but many as one of their various mobile numbers). How should I approach this? Any loans are definitely Statute Barred. Should I send them the Statute Barred letter (possibly enclosing the previous relevant SB letter? Or is there somewhere to whom I can complain about the incessant calls?
  8. 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.
  9. The Situation Clarity writing letters claiming I owe them money. I sent them a prove it letter. They are asking me now for my personal details even though they have pursued me for this debt on behalf of their client .. Aktiv Captial. I am reluctant to give out my details cos surely they will already have them if they are writing me letters saying I owe them? After going through my credit report I see the debt is a Debenhams account I settled in 2005 account numbers match - Just 15 days before it was settled - Aktiv Kapital opened their claim on the debt. .... (on the same day it was opened it was also listed as defaulting and for double the amount I owed & previously settled) I have sent prove it letter to Clarity I received this Now my question is whats my next step? Do I send Clarity my date of birth & address history? or a copy of my credit report saying my account is settled or both?? Thank you for reading this & any advice would be muchly appreciated I'm sick of debt agencies fishing around on my credit report.
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