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About Me


  1. Here's my summarised situation. I'd like any advice on how I should proceed now. Took out a Credit Card with MBNA in 1999 Through their unscrupulous lending, my own stupidity & intermittent mental health issues, I ran up a debt that I couldn't pay off I started to have problems meeting my minimum monthly payments in 2010, and requested a temporary interest freeze when it got really bad (thought this was 2011, but now realise it was probably 2012... further explanation below) to help me to sort our my finances. This request was ignored. After several months I stopped paying anything and prioritised other debts. Eventually defaulted in 2012 I started to get harrassed by Aktiv Kapital Over time have now been chased by PRA, another couple of agents and back to PRA At one stage, not sure when but probably 2012/13 I requested proof of the debt being owed to Aktiv Kapital/PRA?, and didn't receive that proof. At the time I downloaded a template letter to send, but not sure where from, but it included the sentence about not admitting to the debt. Due to not receiving the proof requested I didn't enter into any communication with any of these companies again. PRA continued to harrass me. I wouldn't hear from them for months and would then be bombarded with telephone calls as well as letters. I didn't answer the phone to them or respond to their letters. Over time they have offered a discount on the debt several times In June 2016 they advised by letter that they were considering passing the case to their Scottish Solicitors I received a letter from Brodies LLP in July 2016 stating they had been instructed by PRA to pursue recovery of the debt and threatening court proceedings. I panicked! I was convinced at the time that it had actually been in 2011 that I had last communicated with the original lender and sent a Statute Barred letter. I heard nothing back and when a couple of months passed with no communication I thought I had heard the last from them. On Saturday I received a letter from Brodies again (6 months later) which included a copy of my original Credit Agreement and copies of the final few months of statements of my account with MBNA showing I made a payment in August 2012. This letter states that "To avoid this matter being passed to our Court Action Team, you are required to pay the Debt or contact us to discuss a suitable payment arrangement not later than 2 February 2017" The amount of the debt being chased is £5781.16 Are they allowed to only give 4 working days for me to contact them? Are they allowed to come back to me after 6 months of no communication? Am I entitled to request proof of ownership of the debt by PRA? Should I contact them tomorrow? I am not in a position to pay this amount. Part of me says, I borrowed the money and should accept that it eventually needs to be paid. However, if there are any loopholes I can use to my advantage then I'd like to try to use them, as for the first time in 20 years I have all my other debts under control and can't believe this has come back to haunt me. I've tried to read as much as possible on other threads, but got really confused by some of the terminology being used, so apologies if I should have been able to find my answers elsewhere.
  2. Hi all I had two ccj debts with Aktiv Kapital which have now both passed the 6 year point. Both had interim charging orders on my house. I paid off one of about £3k and had the charging order removed. They very kindly also sent me a receipt to show that the other debt was clear (which it wasn't) I forwarded that to the court and had the other charging order removed. I moved house a year ago and I am still paying £20 a month to Aktiv Kapital. Any thoughts about what they could do if I stop these monthly payments? The CCJ wasn't really settled although they gave me a receipt and I moved house. I am tempted to let sleeping dogs lie but equally I wouldn't mind asking for a refund on the £20 that I have paid for the last 12 months. I haven't heard anything from them and they don't have my new address yet. How clued up are they?
  3. Credit Card-MBNA -Account start date 05/2006, defaulted -06/2010 at £6550. Noddle currently shows that I owe : £5250. I found a letter dated 01/09/2010 from Experto Credite advising me that Varde Investments(Ireland) Limited has bought the interest of MBNA Europe Banks Limited and they are legal owner of my account. ‘Under the terms of assignment Experto Credite Ltd has been appointed by Varde to recover any and all outstanding sums.’ I paid Experto Credite £20 on monthly basis until Aktiv Capital contacted me to inform me that they have taken over my account. They agreed to the £1 monthly payment in 2013 (which was agreed with Experto Credite already I think) and since then I have been paying it. I noticed just recently that on my Noddle report instead of Activ Capital, PRA Group UK has taken place as a lender.The last letter I received before I moved away in 2013 was from Aktiv Kapital ltd. I have been paying them £1 for more than 2 years. Now I want to update them about my new address and request CCA but they are no longer Aktiv Kapital ltd. They are PRA ltd. They probably sent me a letter to notify me at my old address... Their bank details are still the same so my £1 has been going to them and they update my Credit record file regularly. I called the Aktiv Kapital telephone number from the letter I last received in 2013 but PRA answered. I did not introduce myself - just asked them to who to write and they explained to write to PRA in Scotland not to Aktiv Kapital in Bromley. Who should I address the letter to: PRA or Aktiv Kapital or both? What do you think? My address: Their address: Aktiv Kapital(UK)Ltd/ PRA ltd 2 The Cross Kilmarnock Scotland KA1 1LR Date: Dear Sir or Madam, .................. or My address: Their address: Aktiv Kapital Ltd 2 The Cross Kilmarnock Scotland KA1 1LR Date: Dear Sir or Madam, .....................
  4. Hi all, MBNA have finally decided to respond to my CCA request, 12+2 days was up on 31st January BTW, and the letter makes no sense to me. Are they trying to confuse me and hope I'll go away? I've stopped paying them as they failed to respond to the CCA request until yesterday and they've still not sent the correct details TIA!!!
  5. 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.
  6. Yesterday I began receiving phone calls from a 0203 number, which turns out to be PRA Group Debt Collectors (Aktiv Kapitol). They are now bombarding me with calls (even the number is on auto reject) and automated voice mails requesting I call them. I used to have dealings with Aktiv over an old HSBC debt which passed in statute bared status over a year ago (if not longer). I won't answer these calls and will only deal with them in writing (if I have to contact them at all) but other than that what can I do? I am unable to pay off the debt (and it is unlikely I ever will be able to) and to be honest I thought I had put the days of being chased by DCA's behind me. Also, why start bothering me now when I have had no contact with Aktiv for years (save for an account statement last year)? The debt is no longer on any credit file (I check all of them religiously) although I am worried they will try to [problem] me in some way. Any advice? Thanks in advance.
  7. I've been a member for some time and though have used a lot of the advice found here (thanks) but this is my first post. I need some urgent advice please. I took out an Aqua Credit card back in 2006 which fell into arrears after in 2011 I unfortunately became unemployed and could not repay. The CCA agreement has Halifax Plc as the creditor. The debt was sold on and a court Claim was issued by Aktiv last year for £1700. The particulars of claim states that the credit agreement was with Progressive Credit Limited, and that the account was assigned from Progressive Credit Limited to the Claimant. It also states that I defaulted on the agreement in 2012 but does not state whether a default notice was served. Following my CCA and CPR 31.14 requests, Aktiv's solicitor, sent me the credit agreement with Halifax dated October 2006 along with credit card statements. They stated that Halifax was using the Aqua card under licence from SAV limited, the parent company of Progressive Credit Limited. I have no idea what this really means. I filed a defence that I never had a credit agreement made with Progressive Credit and I have never been provided with a default notice or termination letter. There is a hearing coming up. Do have a leg to stand on with this line of defence? Can they succeed without having to produce termination letter/default notice? Any thoughts would be appreciated.
  8. Hi folks, Today I received an N1 CPC from Northampton County Court Bulk Centre in relation to an MBNA card I took out around 2007. I stopped paying them in around April 2009 and whilst not sure of the default date, it was either late 2009 or early 2010. I have not yet sent an SAR request and truth be told have received hardly any paperwork, the last was a statement from AK yesterday "reminding" me as to the balance. I do not recollect receiving a letter before action and that the statement that come yesterday contained no mention of court proceedings. The claim form states the following information. Issue date 1 April 2014. Claimant - Aktiv Kapital Portfolio AS, Zug Branch, Zueghausgasse 3, 6300 Zug, Switzerland (Reg No: CH-400.9.032.183-7) Address for sending payments and documents - Wright Hassall LLP, Olympus Avenue, Leamington Spa, Warwickshire, CV34 6BF Defendant - Me POC - "The Claimant is an Assignee of the following debts, notice of assignment having been given to the Defendant in writing: MBNA Platinum 5 4,331.72 Account No: (16 digit number) Despite demands for payment, the above sums remain due. The claimant claims the sum of 4,331.72, interest under s.69 County Courts Act 1984 and costs. Sum claimed £4331.72, court fee £85, Solicitor's costs £80, total amount £4496.72 Proposed course of action is that I intend to fight this as I do not want a CCJ. Acknowledgement of service to be filed online over the weekend. SAR request to go to Wright Hassall (do I need to send documents to Switzerland as well or the UK address of AK which I think might be in Chester) and then CPR request to follow in about 7-10 days. Assuming they fail to comply with the CCA request then the "failed" CCA request letter to go after 12 + 2 days. Obviously my proposed defence is that I dispute the whole claim, but for the purposes of the defence form should I set out the relevant clause in the CCA that unless proper copies of the documents that the claimant is seeking to rely on are delivered up, the claim stands as unenforceable at law whilst the CCA default continues. Any thoughts or suggestions at this stage most appreciated before I get to work. Laters NC
  9. CCA Letter sent to Aktiv Kapital. Let's see if they reply. Barclaycard assigned debt to Aktiv Kapital April 2011 £2,789
  10. Hi guy's, Firstly, what a fantastic forum! It's great to see people helping others through bad times. I have a question regarding a cca request I sent to Aktiv Kapital in relation to a defaulted credit card debt they purchased from mbna. They have eventually sent me a signed agreement but they did not supply it in the necessary time scales (took 12 weeks!), and there is no credit limit stated on the agreement. Is this debt still enforceable? I read somewhere that if they failed to supply a cca within 12+2 days + 30 days (something like that!) that a debt is unenforceable. Im not trying to avoid debt. I tried every way possible to sort something out with mbna and Aktiv Kapital but I've just been bullied. Any help would be greatly appreciated. Thanks in Advance John
  11. Hi all, I'm new to posting on this forum so please be gentle with me if all this has been done before. I've spent the last few days reading various threads on this issue but my head's now spinning!! Any help, advise or pointing in the right direction would be greatly appreciated. Back in October 2009 when I was in a financial black hole, I foolishly sold an MBNA CC Debt to Credit Card Killer/Momentum Networks. (That's a story in itself) Since then I've had the expected phone calls, letters, defaults, assignments to DCA which have been on-going, most of which I have ignored. Last Thursday 16th Oct I received a Count Court Claim from Aktiv Kapital for the outstanding balance. Over the weekend I sent the AOS stating I intend to defend the claim. Is it a futile exercise to use "I've sold my debt" as a defence? All reply's will be thankfully received.
  12. Wonder if anyone give me some help, Possibly Andyorch My wife received a County Court Claima few days ago Reference a MBNA (Virgin Card) POC Below The Claimant claims the sum of £ xxxxx.xx for debt and interest. On 24/2/2003 then defendant entered into an agreement with MBNA for a credit card under reference XXXXXXXXXXXXX. On 31/12/2009 the defendant defaulted on the agreement with an outstanding balance of £ xxxx.xx. On 28/01/10 the debt of £xxxx.xx was assigned to Varde Investments (Ireland)Ltd, who its self assigned the debt to Aktiv Kapital Portfolio AS Zug Branch on 03/03/12> Notices of Assignment were sent to the defendant in accordance with s136 Law of Property Act 1925. AND THE CLAIMANT CLAIMS 1.) the sum of £xxxx.xx 2.) Stautory interest pursuant to section 69 of the county courts Act 1984 at a rate of 8.00% per annum from 3/3/12 to 21/8/14 £xxxx.xx & thereafter at a daily rate of x.xx until judgment or sooner payment I have filed AOS saying I intend to defend all of this claim I have prepared a defence by using some of Andy's advice to others and if I post it could someone advice me if it Looks ok and if I should amend it and anything else I should be doing. Have sent a CCA Request to Aktiv by recorded delivery.
  13. I recently completed a SAR request with Welcome Finance. I wrote to them to challenge the charges on the account, and their total charges are pretty much the full value of the outstanding amount so I was hoping to finally rib myself of this debt. I received a letter from Welcome saying it would take 8 weeks to process the complaint (fairly standard from seeing other posts on the forum). But I also received a letter saying the outstanding balance has been sold onto Aktiv Kapital (UK) Ltd! Does anyone know where I stand now? What happens if a debt is sold but the charges on the original debt were unfair/excessive, how can that be challenged? It seems unreasonable to me that to get out of refunding charges all a company has to do is sell the debt on, but also who do I fight now? Welcome who have sold the debt and I am not apparently dealing with. Or the new company that hadn't actually charged those fees? Does anyone have experience with this sort of situation?
  14. Hi I have had some great advice from viewing previous threads with regard to getting debts I had written off from HFC and Barclaycard/Lowell by going down the SAR route, but I have a different issue which I havent been able to find anything about........ I had a flexaccount with Nationwide which I last used approx 5 years ago at least, it had an overdraft which spiralled to £902 mainly I believe made up of unauthorised overdraft charges. This debt has been sold to Aktiv Kapital who have recently started sending me letters and phoning (though at present it is only once a day - I know AK often phone upto 10 times a day - I have experience of this!) What I was wondering was is there anything I can do to get these off my back? I believe overdrafts are not classed as credit agreements so Aktiv Kapital may be more difficult to chase away. (I also have another debt, Egg credit card with AK which I am paying at £1 per week). I do not have any paperwork from Nationwide (old statements etc) as I moved house back to my parents due to extreme financial hardship, and basically got rid of everything apart from my bed and some crockery.... I also do not want to give these people any personal information, I am working but am currently on a Zero Hrs Contract so my wages are variable. I hope someone maybe able to help or should I just ignore them...... which I have no issue with doing!
  15. Please can anyone offer me some advice, I owe 12K to welcome and I am paying them back at a reduced rate, however everytime I get a phonecall off them they ask for date of birth, so I give it to them and some will say that it is fine and other people will say that we have a different date of birth for you, but then go one to talk about my account. Am I right in saying that this is against DPA as if I give a different DOB to what they have on their records they should not continue with the conversation? Also how far back can you go to reclaim PPI I believe I took the loan out before 2005 so I may not be covered by normal SAR? can any one help or point me in the right direction with these questions????? Thanks in advance
  16. Hi all, j ust received a claim for an old disputed CC and having not looked at the forum for a while could do with some up to date help. Details as follows Name of Claimant : AKTIV KAPITAL PORTFOLIO AS ZUG BRANCH Date of Issue: 13th May 2014. Acknowledge by (+19 Days): Sunday 1st June 2014 Defence By (33 Days) : Saturday 14th June 2014 Paticulars of Claim: The claimant claims the sum of 3,827 for debt and interest. On 21/05/2005 the defendant entered into an agreement with MBNA for a credit card under reference XXXXX. On 31/08/2009 the defendant defaulted on the agreement with an outstanding balance of 3,258. On 22/09/09 the debt of 3,257 was assigned to Varde Investments (Ireland) Ltd, who itself assigned the debt to Aktiv Kapital Portfolio AS Zug branch on 03/03/12. Notices of Assignment were sent to the defendant in accordance with s136 Law of Property Act 1925. AND THE CLAIMANT CLAIMS 1. The sum of 3,257 2. Statutory interest pursuant to Section 69 of the County Courts Act 1984 at a rate of 8.00% per annum from 3/3/12 to 12/5/14 571, & thereafter at a daily rate OF 0.71 until judgement or sooner payment Amount Claimed : 3828 Court Fee : 185 Solicitors Cost : 80 Total : 4093 The claim is for an old credit card account started in 2005. Only received the first notice of assignment when requested, a letter from MBNA saying debt was assigned. Received a letter from Akticv capital on 9/3/12 to state they had purchased debt but no confirmation from Varde Investments. Default notice from original creditor dated 9th September 2009. It claimed payment of full amount rather than arrears so sent a formal complaint to MBNA dated 10th October 2009 stating they had unlawfully terminated the agreement and I viewed the agreement as terminated as of 7th September 2009. Have not received any notices of default sums, received a notice of arrears 27/10/11 from Varde and initially a notice of sums in arrears from MBNA dated July 15 2009. Having agreed to token payments and had interest frozen ceased payments following invalid default dated 9th September 2009. To date have received no response from MBNA regarding this letter. The dispute therefore is ongoing. Additional. Signed up for this card at a football match and the application was filled in by the agent. Initial letter from MBNA states the agreement signed complies with previous regulations not current. Does that make it unenforceable as not compliant with regulations at the time. Anyway any more info or copies of documents I am happy to help and hope the good people of CAG can help me
  17. Hi Guys need your help soonMBNA card £7k. Assigned to Aktiv Kapital now in CCBC. I have done the acknowledgment of service online. I need to do the defence. MBNA initially offered a settle figure which was half the amount of the account. I couldnt pay at the time and still cant pay it all. I offered Aktiv kapital a lower sum but they wont agree and now have gone to CCBC. Aktiv kaptal have harrased me for some 6 months with daily phonecalls and voicemails. They use blocked number, unknown numbers , mobiles etc. They then sent it to soeone called Tempus solutions who did they same.What are my optionsThanksFreemason2012
  18. ladaniva

    mbna aktiv

    what a joke 6 years ago got in to trouble just like other people sent all letters to mbna turned down all offers of lower payment sent final response letter - i see you in courts no reply been taken to count by aktiv never had any letters from this company at all , taken to court in the other side of the country had a attachment of earning order made against me went to court fill from in put offer of £10.0 in the court said i had put £100 in the box there was a point in there £100 from my pay, court told this debt is my wife to ?? why my debt is my not my wife ?? so what if my pay goes down will this stop this order and how is this work out as the said my wife should pay half of the bills ???
  19. Hello The Consumer Forum, I hope someone can give me some advice regarding what to do next with Ativ Kapital. (I apologise in advance for the long question) When I split up with my wife in 2000 I must admit to not looking after my finances, consequently quite a few non secured loans went into default, I know I had made sporadic payments over the years, usually after they had found me at one of my many moves over the folowing years. I had started making regular payments (5 debts x £15.00 each) in 2007 - 8 and had been paying this right up to last year. However after speaking with an advisor I was told that the debt may be Statute Barred - although I have no real idea if there was a gap of 6 years to warrant this. as usual I waited until I got the call asking for a higher monthly payment and thats when I said I was stopping payments as the debt was SB, the lady said I had made a cheque payment in 2005 and because of the other payments that I wasn't able to claim that. Regardless, I cancelled the DDM's and heard nothing for a year, no calls, no letters, other than the statement in October. Now all of a sudden they are back on the phones trying to harrass my family, we have actually barred their number as it was ringing sometimes 5 to 6 times a day, as early as 7:30 in the morning and as late as 8pm. does anyone know why they would have held off trying to recover the debt after telling them the debt was SB to then start a year later a vigerous telephone campaign? Do you think the debt was SB and they are just trying it on? Has anyone had a similar experience?
  20. Hi everyone, Great site with lots of information but I wanted to clarify the followiong. I got a CCJ claim from Hegarty acting for Aktiv Kapital on 20/05/14 for a MBNA Credit card (POC attached) I had a few years ago and fell behind on payments (A dark period) I have acknowledged service and sent a CPR 31.14 request and CCA request. I then received the attached letter. My question: Do I have to agree the extention and is it in my best interest to do so? Any info greatfully received PS. I posted here first, because I wasn't sure where to post this thread, Sorry feel free to move it, thanks
  21. Getting increasingly frustrated by the non stop calls from AK. Debt from about 15 plus years ago. AK were writing about once every couple of months in the last year or two, asking for my repayment proposal. I had been ignoring them, but decided to end it once and for all by requesting a copy of the CCA. Letter received from them acknowledging that no CCA could be found. I can't remember the exact wording (letter not to hand) but it was along the lines that no further action would be taken. This was a good 6 months ago. Out of the blue I have started to receive calls from them. Several each day. Today I received 4. All of which either hung up when I answered or rang off after 2/3 rings. Its pretty annoying to say the least. I called them back today and requested that they stop calling as they are unable to prove the debt due to no CCA and that they were harrassing me. Girl agreed to remove my number . 1.5 hours later I get another call (they hung up). 2 hours later I get another call. I 'm really p*ssed off now. What can I do please?
  22. Hi, I am just starting out with all of this and I am finding it a little overwhelming but I wonder if anyone can help me with a debt that I have. I was seriously ill etc ... and was made redundant on medical grounds in 2010. I defaulted on my Lloyds TSB bank account which had an overdraft on it. I now owe them £2282 and I pay £5 per month on a repayment plan. I really want to sort out this debt and the site team said to start a new thread. They have said that I should possible just stop paying AK but I am not sure what this means. Can anybody help me figure a way out of this debt hell??
  23. http://www.credittoday.co.uk/article/16721/online-news/pra-snaps-up-aktiv Credit Today; And another DCA is snapped up
  24. Hello All, I posted some time ago about some potential debt issues and was advised to get my current credit report and then post in the corresponding forum for that debt. I have done that, and now I really need to know how to solve it. ANY help would be greatly appreciated! Basically, I have four things on my credit file which are defaulted and I need to get rid of one way or another. One of them is MBNA. Credit Card from MBNA - with Aktiv Kapital Current Balance £17xx Default/Delinquent Balance £22xx Default Date 11/2009 Opening Date 03/2007 I need to clear my credit file and really start rebuilding properly. What is the best way to do this and get rid of this & sort it out finally? I have a steady job now and in a better position to sort this out. Any help is greatly appreciated - thank you so much.
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