Jump to content



  • Tweets

  • Posts

    • Thank you for your reply!   I’ve just had the following response from Disney. Not great at all.   Dear Fishy Thank you for your reply. We kindly confirm that Disneyland® Paris annual passes are usually non-refundable. However, due to the unprecedented situation with CoViD-19, the duration of your annual passes and their benefits have been extended by the number of days our Disney Parks were temporarily closed (123 days), starting from the original expiry date of your annual passes. As previously mentioned, we are unable to put an additional temporary halt on your annual passes; however, we would like to offer you an exceptional partial refund. If you wish to accept our offer, please provide us with a copy of the annual passes of your party as well as the filled in and signed refund form at your earliest convenience. Your annual passes will consequently be blocked. We hope that this information is helpful for you, and we look forward to hearing from you. Yours sincerely, Constantin Guest Communication
    • I have now written up the Claim and will post this, we have also been informed by the DJ they will counter-sue for the full amount if we take them to Court for the £500 we are at a loss? We we have also included interest from the date they refused the Money in May as we are having to borrow to fund the wedding in three weeks, its so disheartening as we also have to pay £415 to put the claim in when they could have just resolved this matter!   Are they not bothered about customers at all, they are prepared to keep money without providing any service at all   Its so shameful
    • I'm afraid lapse of time has got nothing to do with it in this case. At the very minimum, though there is is six years within which to recover a debt – and when the money is paid by way of a mistake, it is six years from the date that the mistake was discovered or could reasonably have been discovered. I understand that your vehicle was damaged in an accident and the repair bill was paid by the insurer. Somehow or other, you were also paid about £2000 ostensibly to pay the garage for the repairs. As the car was already repaired, you didn't pay the money over or query it – but you used the money. I'm afraid that if that is a correct summary of what has happened then I would say that you are obliged to repay the money. If my understanding is correct – then you had probably better contact the solicitors and start dealing with them because I'm sure that they will have no hesitation issuing a claim against you and you will then be liable for the money, plus interest at 8% – plus a measure of costs – if the judgement sum is not paid 30 days of the date of judgement.  
    • Here is the latest draft defence aligned to each item from the POC. I have incorporated PAP detail into Item 4 of the defence in italics. Do I add the detail of CCA into Defence Item 5? Your comments, advice and suggested amendments are welcome.   1. The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced “ref number” and opened effective from 27/08/2016. The agreement is regulated by the Consumer Credit Act 1974, was signed by the Defendant ('D') and from which credit was extended to the Defendant.   Defence 1. The Defendant contends that the particulars of the claim 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 particular allegation to which a specific response has not been made.   2.  The Defendant failed to comply with a default notice served pursuant to s87, . CCA and by 05/08/2019  a default was recorded. Defence 2. Paragraph 1 is denied. I cannot recall any dealing with HSBC in the past, I cannot recall the specifics of the alleged agreement.   3.  As at 18/09/2019 the Defendant owed “Bank of SCOTLAND” the sum of 3897281. Defence 3. Paragraph 3 is denied. It is denied that any amounts are due under any agreement.   4. By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective 18/09/2019 and made regular upon the Claimant serving a Notice of Assignment the Defendant shortly thereafter. Defence 4. Paragraph 5 is denied and I am not aware of service of a Default Notice by the original creditor or Legal Assignment the claimant refers to within its particulars of claim. The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) and 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.    5. And the Claimant claims: 1. 397281;  2. Interest pursuant to Section 69 County Court Act (1984) at a rate of 8 % per Annum from 18/09/2019 to 25/08/2020 of 26171 And thereafter at a daily rate of 82 to date of judgment or sooner payment. Date 28/08/2010 Defence 5. On receipt of this claim I requested information pertaining to this claim from Link Financial & Kearns Solicitors by way of a CPR 31:14 request sent via Royal Mail delivery on 28 August 2020. To date, neither Link Financial or Kearns Solicitors are yet to furnish me with the requested information.   7.Therefore the Claimant is put to strict proof to:- a) show and disclose how the Defendant has entered into an agreement; b) show and disclose how the Claimant has reached the amount claimed for; c) show and evidence the nature of breach and service of a Default Notice pursuant to Sec 87 (1) CCA1974. d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   8. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.   9. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   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.
    • Hi   I am not really sure where to post this , hopefully it’s appropriate here    At the end of 2017 my partner was involved in a rtc when a car pulled round a bus and hit my car that my partner was driving.   on the advice of family I instructed a car accident management company to deal with the repairs/make necessary arrangements.  The car was fixed and the accident management company paid us a couple of thousand pounds to pay the garage .  The bill never came from the garage and we were told that it had been settled by the insurance company.    when I sold the car a few months ago I struggled to sell to the garage as it was registered by my insurance as a write off.  I was offered significantly less for it because of this.    today I received a letter from a solicitors instructed by my insurance company to recover the money they paid for the repairs back in 2017.    I guess logically/morally my car was fixed and the money from the accident company is extra- although the car was marked by my insurance  as written off yet fixed!   do I need to pay them the sum they are asking or due to the time elapsed etc do I not.  The letter has made me so worried as threats of court action /costs    Thank you 
  • Our picks

    • @curryspcworld @TeamKnowhowUK - Samsung 75 8K TV - completely broken by Currys. https://www.consumeractiongroup.co.uk/topic/426151-samsung-75-8k-tv-completely-broken-by-currys/&do=findComment&comment=5069075
      • 4 replies
    • @skinnyfoodco Skinny Foods. https://www.consumeractiongroup.co.uk/topic/426130-skinny-foods/&do=findComment&comment=5068996
      • 8 replies
    • I’m in desperate need of help
       
      I bought some clothes online in may through Evans and paid through PayPal
      returned them all seven days later
       
      I waited the 14days for my refund and no refund came
      I put in a dispute through PayPal but I didn’t get any emails to escalate the case - PayPal closed it. 
      evans said they couldn’t refund the money because PayPal have cancelled the refund because of the open dispute
       
      I contacted PayPal
      they said the dispute had been closed but Evans at no point had attempted a refund.
      fast forward to today
       
      I’ve got copies of numerous messages sent to and from twitter messages as it’s the only way I can contact them
      I’ve also contacted their customer service too
      all I get is PayPal have cancelled refund because dispute is still open.
       
      I have proved that the dispute is closed
      I have got an email saying that if Evans sent the refund they would accept it
      but up until the date I got the email they have not once attempted a refund .
       
       I have sent them a letter before court email
      I have even offered to have the full refund as a gift card just to get this sorted !
       
      I’m literally at the end of my tether and don’t know where to turn next !
       
      i suffer with mental health issues and this is affecting my health and I’d saved the money for a year to buy these clothes as I’m on a low income .
    • In desperate need of help. https://www.consumeractiongroup.co.uk/topic/425244-in-desperate-need-of-help/&do=findComment&comment=5067040
      • 29 replies

old MBNA debt that is now 4 times the amount


Please note that this topic has not had any new posts for the last 3115 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

When Aktiv don't supply the documentation you asked for within 14 days of you posting it (excluding weekends)

send then the Account in Dispute letter .

 

That will cover you for stopping the direct debit payments,

until they send you a correct copy of the agreement and a minimum of the terms and condtions relating to the time the account was opened, and a current set.

 

It's a very bad idea to trust a DCA with a direct debit payment facility by the way.

Link to post
Share on other sites
  • Replies 56
  • Created
  • Last Reply

Top Posters In This Topic

thanks for that,

they said we had to set it as direct debit which was easiest for us or we would have forgot to pay anyway,

 

in their letter they say they will not chase us for the money until they 'find' the paperwork

 

so do you think we should still send the letter putting the amount into dispute??

as we have heard nothing from them, other than the letter they sent

 

Whilst we endeavour to obtain documents within the prescribed time scales,

due to the fact that we have to try to obtain documents from the original creditor we may be unable to do so,

your acount is on hold and has been removed from the collection process whilst we await the requested information

Link to post
Share on other sites

cancel lthe DD

instruct your bank ro NOT honour any payment unless authorised by YOU in writing

 

never ever pay a dca!!

 

dx

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

Link to post
Share on other sites

let get that SAR from MBNA back first

then you'll know whats gone on for sure.

 

did you ever ring MBNA like i suggested in a prev post?

 

dx

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

Link to post
Share on other sites

prob yes

 

dx

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

Link to post
Share on other sites

Keep an eye on the 40 days.. that is calendar days :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites
  • 2 weeks later...

received from Aktiv Katpital yesterday,

a copy of the original application form for the credit card,

it is date stamped as being received by them 8 july 1998

and then pages upon pages of their terms and conditions!!!!

Link to post
Share on other sites

Are they the terms and conditions from inception and any then any variations - I imagine there must have been a few over the years !

 

Is this in response to your SAR ? or a CCA request.

 

Your SAR should have gone to the original creditor.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

this is the CCA request, the t&c is 5 pages, and 7 pages of credit card agreement, it doesn't appear tpo have any changes or anything, don't know if thats from when we took the card out or from now

Link to post
Share on other sites

i'm looking at it now and i'm guessing they have just printed it off

as the address on the credit agreement is our address now and we have only just changed our address !!!

Link to post
Share on other sites

received the SAR today,

 

the last payment we made on the account was 11/11/1999,

 

then upto june 2000 there is a regular amount going out each month (think it might have been a magazine subscription)

 

there is also over limit fee £15, cash interest fee, retail interest fee and late charges going on each month upto june 2000.

 

the last entries are

03/07/2000 - adjustment to balance -£5525.20

18/05/2004 - charge off adjustment -£5525.20

18/05/2004 - charge off adjustment -£5525.20

19/05/2004 - zero curbl on sold acct - £5525.20

 

There is no PPi on account

 

It sysy on a seperate piece - debt was sold to thames credit value £5525.20 on 19-5-04

 

i seem to remember having a letter saying it was changing to aktiv kapita but we have defo been regularly paying monthly since 2007

since i can go that far back on my bank statements.

 

wonder if someone could help me compose a letter, as i'd actually like some of this money back.

 

by the looks of the statements i would say the charge off adjustment was the debt being written off and claimed against.

 

Where has my money gone??

 

on the screen shot it says now due 0,

minimum payment 0 etc etc,

 

i've never had any breakdown from aktiv kapita or thames credit as to what i owe, how much is getting paid off etc etc.

 

all i know is we have been defo paying since 2007 and the amount they say we STILL owe is double what it was when mbna sold it to them!!!

Link to post
Share on other sites

oh oh oh guessed right in post 2!

 

write a stern letter to whomever has been fleecing you

 

i have now dicovered through information provided by the oc

that they wrote this debt off againt tax in XXXX, because they understood i had no assets to pay it off.

 

through you misleading & threatening letters and phonecalls i find i have been manipulated into paying a debt to you that never existed.

 

i give your 14 days to refund ALL payments made to you in the past XXXXyears before i instruct my solictors to commence FRAUD proceedings against you.

 

dx

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

Link to post
Share on other sites
  • 2 weeks later...

have received a letter from aktiv kapita in responce to my letter, asking me to provide the information that i have been sent from MBNA, should i send them a copy or not??

Link to post
Share on other sites

yes

 

it will be funny to see how they justify their fleecing of you.

 

dont forget to remind them your want ALL payments back + stat int 8%

 

else your escalate your complaint to the relevent authorities within 14 days

 

dx

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

Link to post
Share on other sites

thanks yes had wrote i wanted the interest in the letter,

i went through my old bank statements and worked it out with the interest they owe us £1700,

was just a bit worried about the entry 19/5/2004 - zero curbl on sold acct - £5525.20

 

would they not argue that they brought it in good faith??

could i also add in the paperwork that when they originally contacted us it was already statue barred??

Link to post
Share on other sites

most DEF!!

 

dx

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

Link to post
Share on other sites

RECEIVED A RESPONSE FROM AKTIV KAPITA, whats my next step, do they have us by the goolies ??

 

Thank you for your e-mail and attachments received by this office on 5th March

 

Having reviewed the details it appears you have misinterpreted the paperwork.

 

The account was not written off as an insurance loss as you state, it was sold to Aktiv Kapita.

 

As the account was sold MBNA closed the account and this is demonstrated in the paperwork that you supplied.

 

With regard to your claim that the account was statue barred in 2007,

I can not agree with your claim as payments were received in 2003 when the account was not statue barred and therefore,

payments made in 2007 were also within the limitation period.

 

I have enclosed a copy of our payment history for your record.

 

In view of the above Aktiv Kapita will not be refunding any payments that have legitimatley collected against your debt.

 

companies full and final response

 

Amount we owe today = £14,527.92!!!!!

Link to post
Share on other sites

so you've got an noa from ak dated the same as when it was written off?

 

i bet not!

 

dx

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

Link to post
Share on other sites

sorry, Notice of Assignment, never received anything,

looking through the paperwork they have sent,

we would never have paid this debt off,

for every payment we made they were charging more in interest,

in some months they have added 3 lots of interest and the last interest they added was £3000.

 

Where can i go from here??

Link to post
Share on other sites

How strange that the amount allegedly owed on 3/7/2000 exactly matches that of 18/5/2004 and with 'payments received' in 2003 not appearing at all

- and it being prior to TC/AK having anything to do with it.

 

Its also strange with banks being banks that no fees or interest were added in that time too.

 

Now why could that be?

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...