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    • Need to get your DQ in - it's your opportunity to have a say in what happens next! It should then transfer to local court, who will look at the DQs and determine next actions. Fairly self-explanatory and there are guidance notes on the site here. My Asset/Link/Kearns case was reviewed a couple of weeks ago after transferring to local court and they have been ordered to provide a new CPR-compliant Particulars of Claim, Original Agreement, Deed of Assignment and Notice of Assignment. They have six weeks to comply or it's struck out. As with your case they are relying on a generic print out of an agreement with no personal details or signature. Don't give the courts a chance to make any decisions without your input and get that N180/N181 in! Your call as to whether you want mediation - given the lack of evidence from them there is probably no point as you can't mediate an account that appears not to exist.
    • FYI I've had a copy from Kearns arrive today of the DQ from the claimant agreeing to referral to the Small Claims Mediation Service and without a hearing. I am a bit wary of the two replies above from you both. Which is the most relevant and most urgent to action? I'm away from Sunday the 19th to Wednesday 22nd working abroad and am conscious there's a bank holiday the day before the deadline so it doesn't give me much time to collate and post relevant paperwork either to you or the parties involved. Do I just fill in the N180 and post?  Apologies for my ignorance, It's out of my comfort zone! Also my case seems to be over the £10k barrier?  
    • Hello,  Me again, back with more questions from my friend because she doesn't want to deal with this part of her life.  She has managed to set up a repayment plan with 247money for the next 3 months.  We have looked at her car finance and she would have reached the 50% payment in Aug 2025  She has 2 questions.  When it comes to Aug 2025 what are her options for VT, I've read a few things and honestly the car sites all seem to give information in different wording so it's hard the grasp the core facts.  If she were to just stop paying the car now, obviously they would action repossession but what is the after math, money outstanding, impact on credit file, court action.  Thank you, 
    • Resolve call have one of my ancient, ancient debts that went statute barred in 2020, I've had a couple of door visits, first one just left a card, second one I spoke to, i told her how old the debt was and she rolled her eyes, and apologised pretty sincerely I thought. Not heard anything from them since.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Aktiv Kapital Question


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Hi folks first a bit of background:

 

We CCA'd AK a while back they very kindly supplied what looked like an application form without any of the prescribed terms, wrote back saying the agreement is unenforcable & its an application form etc, the debt is for a M & S Credit card. We had a letter from AK on Saturday:

 

_______________________________________________________________

 

Dear.......

 

I refer to your recent correspondence dated .......October 2009.

 

The enforceability of the above account would be determined within the legal process if proceedings were issued.

 

We do not anticipate issuing preceedings at this time as we believe negotiated settlements of debt are always preferable to legal proceedings.

 

You have acknowledged the account with payments totalling £xx.xx recieved from October 2008 to September 2009.

 

We look forward to hearing from you.

 

Yours Sincerely

 

 

______________________________________________________________

 

My missus was happily paying them £1 a week, then over a period of several months they kept sending her letters about a reduced offer..if you know what I mean, in the end she came to me with it...so I CCA'd them waited 3 weeks then told her to stop any payments to AK, which she did. The question I have what exactly does this letter mean? I seems to me they are knackered..is that the case? Advise please!

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:D

 

They do not anticipate proceedings at the moment because they would be stupid to do so without a VALID agreement.

 

Sounds to me like a running scared letter

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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Hi folks first a bit of background:

 

We CCA'd AK a while back they very kindly supplied what looked like an application form without any of the prescribed terms, wrote back saying the agreement is unenforcable & its an application form etc, the debt is for a M & S Credit card. We had a letter from AK on Saturday:

 

_________________________ _________________________ _____________

 

Dear.......

 

I refer to your recent correspondence dated .......October 2009.

 

The enforceability of the above account would be determined within the legal process if proceedings were issued. Correct

 

We do not anticipate issuing preceedings at this time as we believe negotiated settlements of debt are always preferable to legal proceedings.

 

Errr..... we thought we would mention going to court to scare you but

we think we would lose

 

You have acknowledged the account with payments totalling £xx.xx recieved from October 2008 to September 2009.

 

completely irrelevant.

 

We look forward to hearing from you.

 

Yours Sincerely

 

 

_________________________ _________________________ ____________

 

My missus was happily paying them £1 a week, then over a period of several months they kept sending her letters about a reduced offer..if you know what I mean, in the end she came to me with it...so I CCA'd them waited 3 weeks then told her to stop any payments to AK, which she did. The question I have what exactly does this letter mean? I seems to me they are knackered..is that the case? Advise please!

 

Aktiv can be a bit trigger happy, I suspect that if they thought they could win, you would have a POC by now.

 

David

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Thanks to this site, I'm more aware of our rights & what DCA's can/can't do etc.

 

To the best of my knowledge no account was acknowledged, they just kept threatening my OH & she just said she would pay them £1 a week, I know she should ignore these idiots but is there a letter I can send to effectively rub salt in their wounds or to refute their claim that she acknowledged the account with payments etc?

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  • 7 months later...

Right, OH has had several letters saying they are now applying interest to the account, she had a letter today saying that she has been making payments (She hasn't) & that they need to discuss a repayment plan with her & to call them. To date no CCA has been recieved.

 

There is more chance of hell freezing over that my OH will call them, told her no CCA = No payment simple.

 

Is there any letter I can send regarding them charging interest on a disputed account?

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I wouldn't bother writing anything to them - they will just ignore it. AK are so stupid that they have just made a loss - and their reaction to that? They buy a load of "non performing" debt. I would ignore them completely and file whatever they send.

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