Aktiv Kapital

[Robinson40]

Hi, i am new to the forum and would like some advice please. I was left two years ago by my husband and left with a large sum of debts. I have managed to pay all but one off.

 

The debt is with a company called Aktiv Kapital, the only reason i found out about the debt was due to a credit file search i made to basically repair any issues. I contacted the company concerned as i noticed that there was a CCJ against my name and my ex partner plus it was showing as a default? This was totally a surprise to me.

 

Eventually after two emails i managed to get a response telling me it was in respect of a loan taken out in 2000 with HSBC? I asked how much and was told nearly £9.5 k which was over £2k more than the ccj details. When i eventually got to it and asked about my name being on the debt i was sent a screen dump of their system details. When i asked for the phone log etc of their file i was sent a pdf file which stated in conversations obviously had with my self they could not tell me who they were and where they were from as i wasn't the debtor? So then this alerted me that i actually wasn't named. They were asked for a copy of the original agreement. They asked me to wait, which i did and then returned to me stating that HSBC did not have the agreement and that they were acting in good faith when buying the debt which meant currently they could not reinforce it? I asked for this in writing and requested a copy of their complaints proceedure.

 

With the advice of the Financial Ombudsman I asked for a final response, which i got stating again that they had stopped all action on this account as they could not enforce it. Then a week later after i had referred all of this to the ombudsman i received a letter stating that although it was unenforceable that i was responsible for the debt and couldnt get out of paying for it?

 

Now as i have found out they have a CCJ against myself and my ex, there is also a land registry charge. Aktiv Kapital have basically admitted that they have never had a copy of the original credit agreement so i am unsure how they have managed to get the court action through otherwise it would be on their legal part of the file surely.

 

My husband never said a word about any of the debts it was only until the day after he moved out that i went through the paper work he left that i found out about the money owing to many different sources.

 

Can someone advise me whether the ombudsman will be able to help me, i dont care about the compensation aspect i just want this thing gone off my file and the ccj removed along with the land registry charge. Can they do this for me and does anyone think i have a case here or just blowing in the wind?

 

thanks

[dx100uk]

are YOU named in the judgement of the CCJ?

 

dx

[Robinson40]

yes i am as is the ex.

[Bazooka Boo]

How long ago did they win the CCJ?

 

Are you still in contact with your ex? Can you find out whether he knew of any proceedings being brought against you both?

[Robinson40]

he knew alright as he knew about the credit cards/mobile phone debts etc.

 

i believe the ccj was done in 2006/7 so quite a while ago.

 

no i dont have contact he went up north with one of his girlfriends and the kids and i havent seen him for a long time. sorry

[Bazooka Boo]

Well 4 years to act upon a CCJ is certainly questionable, 5 years and it is possibly ridiculous!

 

I believe they have six years to enforce a CCJ, otherwise they have to go back to court to explain why they never acted on it in the first place.

 

So where you aware that they were going to issue proceedings against you both at that time? What I am trying to get at here is that if you were unaware of any of this at that time, then you could reasonably request that this be set aside as you had no knowledge of it and therefore were unable to defend yourself.

[Robinson40]

they are not looking to do anything, it was i that had to contact them. the address is the name and we have not had any letters in the last two years since the ex went.

 

i had to pin them down to get them to tell me what was going on.

 

they are not willing to do anything tbh. I just want the whole thing to go away as there is nothing to prove my names on it.