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    • Hi,  I guess the DCAs have come out of hibernation as my friend has had a Claim Form today.  Honestly I feel like I have addressed this one but she can't find the folder box I gave her to keep all this nonsense in, but then the claim form has no information you could realistically use to find out what its from anyway(JD has a few names under their umbrella and she has had accounts with most of them over the years, some repeatedly as they keep lending to someone with no income.  Its ok at the start when its only a little bit but they rapidly put it up and up until she owes in the high hundreds/low thousands instead of the £150 she is initially given, she always intends to keep it in good standing but there is a massive difference between paying £20 a month and over £100) and the usual poor grammar that should be an embarrassment to any normal legal firm, but I suppose these people have no shame.   Anyway, I assume its the same respond for more time and send off a CPR and CCA?   Name of the Claimant ?   Cabot Financial Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 22/02/2021   Particulars of Claim   What is the claim for – the reason they have issued the claim?  By an Agreement between JD Williams Ltd RE Jacamo & the defendant dated XX ('the agreement') JD Williams Ltd RE Jacamo agreed to issue the Defendant with a credit account.  The Defendant failed to make the minimum payments due.  The Agreement was terminated following the service of a default notice.  The agreement was assigned to the Claimant.  THE CLAIMANT THEREFOR CLAIMS 1.8XX.XX 2. costs   What is the total value of the claim? £8XX.XX    Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes   Did you inform the claimant of your change of address? No Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Catalogue   When did you enter into the original agreement before or after April 2007 ? After   Do you recall how you entered into the agreement...On line /In branch/By post ? Online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt Purchaser   Were you aware the account had been assigned – did you receive a Notice of Assignment? Possibly, she was(and is) very poor at keeping and responding to correspondence.     Did you receive a Default Notice from the original creditor? Possibly, she was(and is) very poor at keeping and responding to correspondence.   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Possibly, she was(and is) very poor at keeping and responding to correspondence.   Why did you cease payments? More than she could afford.     What was the date of your last payment? No Idea as we do not not which account it is for.     Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Possibly but can't say for sure.    
    • Thank you Andy/Dx   UPDATED Defence, 3 days remaining.   Not sure where to mention invalid PAP. I put it under number 5. Please check if this is good to go.   Defence   The Defendant contends that the particulars of claims are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any allegation to which a specific response has not been made.   The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) – failed to serve a letter of claim pre-claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   1. I have in the past had financial dealings with Lloyds Banking Group. I do not recall the precise details of the agreement and have sought clarity from the claimant.   2. However, I do not recall ever receiving a Default Notice pursuant to sec 87(1) CCA1974.   3. I do not recall ever receiving this notice pursuant to sec136 of the Law of Property Act 1925.   4. I do not recall ever receiving a letter of assignment from the Lloyds Banking group advising the debt was assigned to the claimant.   5. Claimant served the invalid PAP with no connection to their court claim,   6. On receipt of this claim I sent CPR 31.14 and section 77 request. The claimant failed to provide a valid copy of the agreement and therefore remains in default of said request.   7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:-   a) show how the Defendant has entered into an agreement; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence service of a Default Notice/Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.      
    • no.   i wonder if the OP is entitled to CTAX benefit, thats only available from the relevant council...most on UC can get it..   but your MP is by far the most successful route to sorting these issues we've seen here to work.
    • dx100uk  unclebulgaria67   OP is on UC.   Could the council apply for weekly amounts to be deducted from UC claim ?
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

AK/BCW - old GE Cap (First National Tricity Finance - Tiny Computers Ltd )


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Hi all,

 

I have received a legal notification from the above.

 

Pursuers : Aktiv Kapital UK limited

 

Creditor : GE Capital (First National Tricity Finance - Tiny Computers Ltd )

 

Principle Sum : £1,487.11

 

BCW Ref:xxxxxxxxx

 

Client Ref : AKxxxxxxxx

 

This account goes back approx 8 or 9 years I have no idea as to when the last payment would have been made on it.

 

What I would like to know is who do I send a CCA letter to as reading some of the other threads re this company they do not hold any agreements,so where do I go from here.Any help or advice would be appreciated.

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Thanks Mr Ton for your reply but I do not know how long ago I made the last payment, all I do know is that I have just found the sales invoice and it is dated December 2000.

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  • 4 weeks later...

Hi all,

 

I cannot find my original thread regarding these people.

 

Anyway on the 28th March I sent them a statute barred letter. Today I have received a letter dated 17th April.

 

Letter as follows:

 

Pursuers: Aktiv Kapital UK Ltd

 

Creditor: GE Capital (First National Tricity Finance - Tiny Computers Ltd )

 

Principle Sum:£1,487.11

 

BCW Ref:xxxxxxxxxxx

 

Client Ref:xxxxxxxxxx

 

VISIT BY DEBT INVESTIGATION OFFICER

 

Dear Mr xxxxx

 

We regret to note your account with Aktiv Kapital UK Limited for £1,487.11 remains outstanding.

 

You were informed in our last correspondance of impending court action. As a consequence of your failure to contact us and agree a resolution to this long outstanding matter,we must advise you that we are left with no option other than to proceed with a Personal Visitation by a Debt Investigation Officer to your home address, in order to discuss and agree repayment of the debt.

 

If your address details are incorrect, or if there is a particular time you wish the Officer to call we would ask you to contact us immediately on xxxxxxxx.

 

Where do I go from here folks? Do I send them another statute barred letter? Or do I send them a different letter if so which one.

 

Your help and advice much appreciated.

 

Ian

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If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Hi all,

 

I cannot find my original thread regarding these people.

 

Anyway on the 28th March I sent them a statute barred letter. Today I have received a letter dated 17th April.

 

Letter as follows:

 

Pursuers: Aktiv Kapital UK Ltd

 

Creditor: GE Capital (First National Tricity Finance - Tiny Computers Ltd )

 

Principle Sum:£1,487.11

 

BCW Ref:xxxxxxxxxxx

 

Client Ref:xxxxxxxxxx

 

VISIT BY DEBT INVESTIGATION OFFICER

 

Dear Mr xxxxx

 

We regret to note your account with Aktiv Kapital UK Limited for £1,487.11 remains outstanding.

 

You were informed in our last correspondance of impending court action. As a consequence of your failure to contact us and agree a resolution to this long outstanding matter,we must advise you that we are left with no option other than to proceed with a Personal Visitation by a Debt Investigation Officer to your home address, in order to discuss and agree repayment of the debt.

 

If your address details are incorrect, or if there is a particular time you wish the Officer to call we would ask you to contact us immediately on xxxxxxxx.

 

Where do I go from here folks? Do I send them another statute barred letter? Or do I send them a different letter if so which one.

 

Your help and advice much appreciated.

 

Ian

 

Was the statute barred letter sent by recorded delivery, do you have proof of delivery from track and trace?

 

Did they ever attempt to prove you have acknowledged the debt in writing or paid anything in that 6 year period?

 

If they havent provided proof and you have stated its statute barred then I would either just ignore and wait for court papers, if they dare

 

or

 

send a response advising them you will be complaining to OFT as its against debt guidelines to a) Chase debts that are statute barred without proving otherwise. Would be worth including the withdrawl of permission to visit too.

 

S.

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IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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If you are asked to deal with any matter via private message, PLEASE report it.

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Was the statute barred letter sent by recorded delivery, do you have proof of delivery from track and trace?

 

Did they ever attempt to prove you have acknowledged the debt in writing or paid anything in that 6 year period?

 

If they havent provided proof and you have stated its statute barred then I would either just ignore and wait for court papers, if they dare

 

or

 

send a response advising them you will be complaining to OFT as its against debt guidelines to a) Chase debts that are statute barred without proving otherwise. Would be worth including the withdrawl of permission to visit too.

 

S.

 

No I did not send the letter recorded delivery, do you suggest I send another one this time recorded.

 

No they have not provided any proof at all.

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No I did not send the letter recorded delivery, do you suggest I send another one this time recorded.

 

No they have not provided any proof at all.

 

Personally then I would just re-send the statute barred letter recorded delivery.

 

Otherwise they'll just claim they didnt receive it and carry on regardless!

 

S.

 

(Had to get the movie title in there:))

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Deal with your debts:

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IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Personally then I would just re-send the statute barred letter recorded delivery.

 

Otherwise they'll just claim they didnt receive it and carry on regardless!

 

S.

 

(Had to get the movie title in there:))

 

Thanks for that S i will get it in the post in the morning and I will include a copy of the original letter sent on 28th March.

 

This debt does not even show up on my credit file.

 

Ian

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Thanks for that S i will get it in the post in the morning and I will include a copy of the original letter sent on 28th March.

 

This debt does not even show up on my credit file.

 

Ian

 

Just put a line in then "that repeated attempts to reclaim statute barred monies will trigger a complaint to the OFT"

 

Best of luck

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Just put a line in then "that repeated attempts to reclaim statute barred monies will trigger a complaint to the OFT"

 

Best of luck

 

S.

 

Thanks for your advice S letter is now in the post,decided to send it today.Watch this space.:rolleyes:

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No-one from these clowns will turn up anyway..they are just full of hot air.

Report them to the OFT & trading standards if you wish...

 

Hi Mr Ton,

 

I am just playing along with them at the moment, I have just sent them another statute barred letter, this time I have sent it recorded. I will see what comes next.

 

Ian:-D

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I am in a similar position and have received the same letter last weel from BC&W. I received another letter today threatening an arrestment of my bank/building society account. I have received these letters despite advising them that the debt is barred and that they cannot take me to court.

 

I will send another statued barred letter just to remind them and this time I will send it recorded delivery.

 

I have had at least 7 DCA's contact me over the last 2 years threatening all sorts of action and as yet not one of them have visited me or taken me to court. So I would hang on in there and wait for it to pass. They seem desperate and will promise all sorts of action against you, but will rarely carry it through!

 

John

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Just put a line in then "that repeated attempts to reclaim statute barred monies will trigger a complaint to the OFT"

 

Best of luck

 

S.

 

Hi S,

 

Aktiv Kapital UK Limited - AKxxxxxxxxx - £1487.11 (this balance has had interest added)

 

I have had the following reply from BCW this morning.

 

I write with regard to your recent communication concerning the above account and can confirm that this account is not statute barred under the Prescriptions and Limitations Act 1980.

 

Our client advises that the last payment on the account was £17.40 on 22nd Dec 2003.

 

Please do not hesitate to contact us on xxxxxxxxxx should you require any further assistance.

 

Yours sincerely

David Smith

 

I have no recollection of having made such a payment at that particular time.

 

Where do I go from here S.

 

Ian

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Hi

 

Get them to prove such a payment was made

 

Where was it paid

How was it paid

Who paid it

 

There will be proof out there somewhere

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Hi

 

Get them to prove such a payment was made

 

Where was it paid

How was it paid

Who paid it

 

There will be proof out there somewhere

 

Thanks for that S,

 

Do I send just a standard letter to them or is there a template letter I should send and would it be best to send recorded delivery.

 

Ian

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I don't think there is a standard letter but it won't be hard for you to knock something up and yes, send recorded.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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I don't think there is a standard letter but it won't be hard for you to knock something up and yes, send recorded.

 

Thanks S,

 

I will let you know what sort of reply I get.

 

Ian

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At least you got a reply! I sent two stat barred letters over a week ago, no reply yet :(

I have been looking forward to the post all week aswell. Soon as I get in from the gym, I ask the wife 'Anything in the mail!'

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Hi

 

Get them to prove such a payment was made

 

Where was it paid

How was it paid

Who paid it

 

There will be proof out there somewhere

 

Hi S,

 

After sending a letter asking BCW for proof of the payment they state I had made I received 3 letters from them this morning 1st May.

 

Letter 1. Dearxxxx

We refer to your letter and to the information supplied by you.The account at this office has been placed on hold while we refer back to our client for further instructions.We will advise you further in due course.

 

Letter 2. Settlement Offer

 

Dear Mr xxxxxxxxxxxxxx

We refer to previous correspondance regarding the above debt with Aktiv Kapital UK Ltd,and are dissappointed to note from our records that the balance remains outstanding.We are prepared to help you in clearing this debt by offering you the exceptional opportunity to settle on highly favourable terms.We are willing,without prejudice,to accept £743.56 in full and final settlement providing this amount is paid in one instalment.Alternately,you can spread the repayment of a settlement amount of £966.62 over 2 to 6 convenient monthly instalments.

 

Letter 3. Settlement Offer

 

Dear Mr xxxxxxxxxxx Exactly the same as above except for the amount they are willing to accept that being £123.93.

 

What now S?

 

I think BCW are trying it on. What do you think.

 

Ian

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Hi S,

 

After sending a letter asking BCW for proof of the payment they state I had made I received 3 letters from them this morning 1st May.

 

Letter 3. Settlement Offer

 

Dear Mr xxxxxxxxxxx Exactly the same as above except for the amount they are willing to accept that being £123.93.

 

What now S?

 

I think BCW are trying it on. What do you think.

 

Ian

 

This is just a guess but settlement 3 is prob what they paid for the debt or just over it....

 

Perhaps they've had confirmation from their client that no proof of payment exists and thus just want it off their books

 

S.

Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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This is just a guess but settlement 3 is prob what they paid for the debt or just over it....

 

Perhaps they've had confirmation from their client that no proof of payment exists and thus just want it off their books

 

S.

 

Thanks for your quick reply S,I will not bother with them any more for the time being.

 

Ian

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