Aktiv Kapital - Help Needed Urgently

[Robinson40]

Hi, i am in dire need of help. I have found a debt on my credit reference and it states that i have a debt/ccj/land registry charge with a company called Aktiv Kapital. The mortgage company have stated they werent aware of the second charge and did state in their initial contract that it couldnt be done. I followed the link to contact Aktiv Kapital and stated that my ex has gone from the property leaving me with a large amount of debt which i am working through and this is the last of the major ones. The amount on the CF was £7800 at the date 2007 when the CCJ was put on. Now the file was updated in dec 2010. I asked them for an update balance and details of the charges on the account. They came back stating that they would accept a full and final payment of £7800 to remove anything. I again ased for the costs/charges break down. I was sent a pdf file which i looked at it showed rather an extorionate amount of interest that was being charged which is approximately £100 per week, there was also a call log showing that they had contacted us and that a woman (myself) had answered but been told they couldnt talk to me as they could only talk to the debtor. As my husband had many phonecalls about this time i didnt realise there were so many debts. Anyway i asked them to clarify if i was actually on the debt as this was implying i wasnt as they couldnt talk to me, they came back again just saying yes, so i asked for proof, they sent me a screen dump of their system. Again i asked for the proof with a white lie stating i had been given legal advice to ask for the original. They came back with an official line that they had gone back to HSBC who they brought the debt off of who said that they didnt have a copy of the original paper work as it dated back to 2000. Aktiv Kapital then said that they would not follow on with the chasing of this debt while they didnt have a copy of the paper work. Anyways, i emailed back and asked if there was a time limit as i am concerned this will be left to hang and i dont need this especially as i am divorcing my husband and the financial settlement is likely to be that he signs the house over as it has no equity plus he left us with so much debt etc. Aktiv Kapital emailed me back on Tuesday confirming that my file had been passed to the Complaints department again with no confirmation of when they would have to deal with this by?

 

I basically would like to know my rights as if they cant prove at what point can i ask for the information to be removed and the CCJ/Land registry be removed as i dont remember any HSBC loan that i had taken out? I basically want to secure my future for the sake of my children as one of them is disabled and will need long term care so the house is an investment.

[Tingy]

Sorry - it's probably me, but I don't fully understand.

 

In whose name is the CCJ? When was this granted? Has anything been paid off it? Who claimed the CCJ?

 

Who put the Charging Order on the house? What was this for? Did you have a joint mortgage?

 

I should know, but don't - what is a CF? In whose name is it?

 

I have ideas, but if you could clarify the above, that would be great thank you. Sorry I'm being thick today!

[Robinson40]

hi sorry for confusing every one.

 

mortgage - still joint with ex awaiting financial settlement on property.

Debt - original was apparantly a joint debt HSBC from 2000, defaulted in 2007 according to my credit file although i have no knowledge of it other than we had a joint bank account.

Aktiv Kapital - brought the debt off HSBC , instructed solicitors to lodge a CCJ against us jointly and registered a land registry charge, which was passed in Northampton court which is totally computer based.

 

I have asked for a copy of the original paperwork to show i am actually on the debt as i have not recollection of it atall, the mortgage company are aware of my ex who is being a pig and left me in this situation. One of the mortgage advisers went to their legal department and was told to advise me to stick to my guns on the proof of the debt and was told if they couldnt find it that they would be unable to enforce it.

 

So now i need to know how to remove the CCJ and the Land registry charge as if i am not on the original debt then surely they cant take something that my ex will be signed off as not having a vested interest in?

 

The morgage company have said i need the letter and that although the 12 + 2 days apply that Aktiv Kapital can stall me continuously and then i would need to get in touch with the Fair Trading/Financial Ombudsman to get it sorted.

 

Hope this makes more sense? Could anyone please help.

[Tingy]

It sounds to me as though you need to wait until you have all the proof that the debt is not yours, but your ex-husband's. Once you have this proof then you can begin to move forward. If the CCJ is against the joint bank account, then you will be equally liable with your ex. Were you still with your ex when Aktiv Capital got the CCJ. If you were not, you should have got copies of all court paperwork too.

[Robinson40]

The HSBC debt is actually a loan, and not anything to do with the joint bank account as far as i can tell.

 

Yes i was still with my husband when Aktiv Kapital got the CCJ.

 

No i didnt get copies of paper work as i have found that the ex was hiding debts and left me with 32k as at 8/09 i have been clearing them in order of priority, this one was the last.

[Tingy]

The HSBC debt is actually a loan, and not anything to do with the joint bank account as far as i can tell.

 

Yes i was still with my husband when Aktiv Kapital got the CCJ.

 

No i didnt get copies of paper work as i have found that the ex was hiding debts and left me with 32k as at 8/09 i have been clearing them in order of priority, this one was the last.

 

You need to find out if the loan is purely in your husband's name. Ask the bank. If it was, then the CCJ should be nothing to do with you, though if it's a joint martgage they would be able to get a Charging Order against the house due to his name being on the mortgage.

 

I'm not an expert, but if the divorce settlement includes you taking over the mortgage in your name only, if you can prove the charging order was there because of his debt the court may take this into consideration. Sorry, but I'm honestly not sure.