Backdoor Aktiv Kapital/Hagerty CCJ - merged old Barclays OD+Credit Card debt - How Do I set aside? ** WON WITH COSTS **+ campaign to shut them down

[sick of thames credit]

Have you issued a formal CCA request to Aktiv?

 

When did you issue your SAR to barclays and if over 40 days ago have you sent them one of the non comoliance letters - you need that info from BC.

 

Re. CCA, I CCA'd Aktiv in the past, however they failed to comply with the request, in fact they responded telling me they were nto going to comply.

 

However, In my SAR documents, the letter saying they were unwilling to comply with CCA request has been substituted for one reading "Thank you for your CCA request, please find the requested documents enclosed"

 

So not sure if its worth CCA'ing them again, as they are likely to fail to comply again, however using the excuse this time that the documents have already been sent.

 

Re. Barclaycard, an LBA letter will be winging it's way to them first thing on tues.

[caro]

Have you still got the letter saying they are unwilling to comply? If you can prove they've, shall we say, "made a mistake" on this, then it throws doubt on other areas too.

[sick of thames credit]

Did Aktive supply you with a communication log ( a daily diary type of thing - usually a computerised log) You should be able to cross reference letters they claim to have sent to that.

 

Alternatively you CAN still use CPR part 18 to request information only. I have posted an example below. They are obliged to respond with a statement of truth. Once you have established if they do have documents THEN you can request them under disclosure rules. Very long winded I know, but it is the only way at this stage, I think.

 

 

HTH

 

They sent me the communication log (including transcripts of phonecalls), however it has been heavily edited and communications that did not happen have been added, including letters that were never sent

[sick of thames credit]

Have you still got the letter saying they are unwilling to comply? If you can prove they've, shall we say, "made a mistake" on this, then it throws doubt on other areas too.

 

Oh god yes, I've kept every letter from them for over 8 years, even when I moved without telling them I made sure I still had my mail redirected.

 

As mentioned above, they have sent me copies of 8 letters, I count over 100+. Even those 8 letters are "reconsituted" in one form or another.

 

My personal suspicion is that Aktiv, having realised that I have moved a couple of times without telling them have had a wander through my credit record to find when I did actually move and are inserting/alterating communications in those periods on assumption that I can't disprove those communications as I would not have been living at those addresses at that time.

[dadofholly]

Re. CCA, I CCA'd Aktiv in the past, however they failed to comply with the request, in fact they responded telling me they were nto going to comply.

 

However, In my SAR documents, the letter saying they were unwilling to comply with CCA request has been substituted for one reading "Thank you for your CCA request, please find the requested documents enclosed"

 

So not sure if its worth CCA'ing them again, as they are likely to fail to comply again, however using the excuse this time that the documents have already been sent.

 

Re. Barclaycard, an LBA letter will be winging it's way to them first thing on tues.

 

This si serious they - they are sailing very close to the fraud act.

 

Have you made a complaint to the OFT? If not please do.

[dadofholly]

What do the particulars of claim say?

 

Have they ever sent you a notice of assignment?

[sick of thames credit]

This si serious they - they are sailing very close to the fraud act.

 

Have you made a complaint to the OFT? If not please do.

 

tell me about it!, false addresses supplied to the court, letters sent/not sent being altered, a claim backdated to 3 years before I even ended my relationship with Barclaycard, interest added to the debt for 11 years, application to the court to add a further 11 years of interest. Total claim just under £5k when they claiming for £800 which they were offering to settle for £200 just last year. No notice of assignment, no CCL when debt was alledgly bought (DoH, I don't think we finalised the position on that one, but my "Notice of Assignment" letter clearly states the debt was bought by Olympia Capital). And to top it all off, it's not even my account number, although they have now redacted my records after a recent communication with Barclaycard.

[dadofholly]

If it was bought by Olympia Capital how do Aktiv claim to be the owners now?

 

Have you submitted a defence - is the lack of NOA mentioned in the defence?

Is the failure to comply with the CCA request in your defence?

 

On what grounds have you defended the claim?

[sick of thames credit]

What do the particulars of claim say?

 

Have they ever sent you a notice of assignment?

 

"The claimant is the Assignee of a debt(s) from Barclays Bank plc. Notice of Assignment was provided to the defendant by the claimant in writing. Despite demand for payment the assigned debt (s) remains due. The claimant complied with Section III and IV and Annex B of the PD of the Pre-Action Conduct.

 

And the Claimant Claims:

Credit Card Account number **************** balance of 2,500.57 as of 16/12/01. Interest under s69 of the county court Act 1984 at the rate of 8% a year from 16/12/01 to 25/1/12 of 2,000.15 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of 0.78 AND Costs"

 

Dates & amounts changed, but that the POC's, No valid Notice of Assigment was sent, just a letter informing me that they now own the debt.

[sick of thames credit]

If it was bought by Olympia Capital how do Aktiv claim to be the owners now?

 

Have you submitted a defence - is the lack of NOA mentioned in the defence?

Is the failure to comply with the CCA request in your defence?

 

On what grounds have you defended the claim?

 

Aktiv bought the Assets of Olympia, however from what I gather it's a phoenix company with the same owners.

 

Lack of NoA is in defence, in fact every single part of the POC's has been defended. e.g. the amount is defended against, the date, NoA, pre action conduct (as they failed to communicate with my correct address), literally even single word of the POC's have been picked apart and defended several times over by supporting documents.

 

Thankfully, I have included the failure to comply with CCA request in my defence along with their response.Although I didn't know at the time they were going to claim they had complied with it!

[dadofholly]

The letter they sent claiming to have complied with it - was it dated to a date after you made the request - only ask as another company i know cocked up be sending a fake reply and dated it before th request had been made.

 

Have you done a skeletal arguemnet as yet?

[sick of thames credit]

The letter they sent claiming to have complied with it - was it dated to a date after you made the request - only ask as another company i know cocked up be sending a fake reply and dated it before th request had been made.

 

Have you done a skeletal arguemnet as yet?

 

It's dated afterwards, but they have cocked up the letter, e.g. they have cut and pasted two letters in one.

 

letter 1) they have recieved my CCA request, but as they dont hold the documents they will have to contact the OC, until they are recieved they acknowledge my debt is in dispute and will not pursue the debt till they have recieved the relevant documents (Has a DCA EVER said this in letter to anyone ?)

 

letter 2) The documents have now been obtained from OC, please find them enclosed, please contact us to start repayments

 

However these two letters have been copied and pasted into one letter, however the letter code and date provided in the communications log doesnt agree with the letter supplied. The letter code is the same, but the date on it differs to that in the logs

 

On checking my actual letters from them, I do have a letter with that code and sent on the date in the logs, however it only contains the contents from letter 1) above except that it reads "we will not comply with your request blah, blah"

 

 

 

What constitutes a skeleton argument ? so far I have written down a condensed statement of what I am going to say in court, which starts off that service was not effected (due to false address supplied to court), which then then goes on to deny the entire particulars of claim.

 

e.g. I deny the claimant is assignee of the debt as they did not have a CCL at the time, Claimant did not supply a Valid NoA, claimant did not follow pre-action protocol, the account number supplied is not mine, balance is incorrect (according to claimants own letters), interest has been applied for and granted despite claimant already adding interest charges, and finally claimant could not have owned the debt back in 2001, neither was I in default of the debt in 2001 as I was still using my barclaycard after that date. I will then slap down a receipt from using my credit card that is dated to sometime way after this.

 

Just wondering if it's worth adding, that in the 3 year period after I "defaulted" on my barclaycard, not only was I still using my barclaycard, but I had wages of over £100k paid into my main Barclays bank account and my balance never fell below £5k. Had I ever "defaulted" on my credit card, barclaycard would have used the right to offset rather than sell the debt to a debt collector.

[caro]

Just out of curiosity - have they got anything right?

[sick of thames credit]

Just out of curiosity - have they got anything right?

 

Just my name! Even the application form which is the only genuine piece of documentation they actually have (I dont deny having a credit card with Bcard) has been stamped with date "Recieved Sept 1986", which would make me 10 when I took out the credit card.

[caro]

Oh dear.

[dadofholly]

Is this small clims or fast track?

[sick of thames credit]

Is this small clims or fast track?

 

Small Claims Set Aside Hearing

[dadofholly]

Ah set aside - was you living at the address they sent the claim to?

 

I think if you get the set aside they will not bother taking this any further.

 

If they do - and because of the state of their evidence - you can claim costs due to their unreasonable behaviour.

[sick of thames credit]

Ah set aside - was you living at the address they sent the claim to?

 

.

 

Come on daddy, what do you think ?

 

Nope they did not send it to my address, they didn't even send it to a previous address! they made one up!

 

Guess what makes it better, for 2 years before the claim they had been writing to me at my correct known address, then put in the claim with the false address.

 

Then wrote to me at my correct address (no mention of court proceedings), then obtained judgement by default. They immediatly applied for an attachment of earnings giving the court the false address again, then wrote to me demanding monies at my correct address (no mention they had a judgement in default).

 

I have approx 100 letters from Aktiv for the past 2 years, upto, during and after the court action. The only time they got the address wrong was the two times they applied for court action against me.

 

So how did this unravel for them ? Just after the Judgement I had accepted a new job for which I needed to be thoroughly vetted for. On doing the checks, my prospective employers came across a CCJ in my name but at someone elses address in the area.

[dadofholly]

Come on daddy, what do you think ?

 

I know it was a stupid question but i had to ask

 

You realy need to report this to the OFT - as you never recieved the papers - and never even lived at the address they sent them to - then the set aside should be fairly easy - as for your other evidence you will only need t keep it short and sweet at the set aside hearing - a brief skeletal argument before hand will be more than enough.

[citizenB]

 

 

What constitutes a skeleton argument ? so far I have written down a condensed statement of what I am going to say in court, which starts off that service was not effected (due to false address supplied to court), which then then goes on to deny the entire particulars of claim.

 

e.g. I deny the claimant is assignee of the debt as they did not have a CCL at the time, Claimant did not supply a Valid NoA, claimant did not follow pre-action protocol, the account number supplied is not mine, balance is incorrect (according to claimants own letters), interest has been applied for and granted despite claimant already adding interest charges, and finally claimant could not have owned the debt back in 2001, neither was I in default of the debt in 2001 as I was still using my barclaycard after that date. I will then slap down a receipt from using my credit card that is dated to sometime way after this.

 

Just wondering if it's worth adding, that in the 3 year period after I "defaulted" on my barclaycard, not only was I still using my barclaycard, but I had wages of over £100k paid into my main Barclays bank account and my balance never fell below £5k. Had I ever "defaulted" on my credit card, barclaycard would have used the right to offset rather than sell the debt to a debt collector.

 

 

Yes, you should mention that they could have used the right to offset..

 

Looks to me as though you have the right idea. Are you producing the Skeleton on order from the court ? If so, then you should use the format similar to that of a defence/witness statement, but head it Skeleton Argument.

[sick of thames credit]

Time to update this, as I am reaching the final leg.

 

Have recieved my SAR from Barclays which is enough to hang, draw and quarter Aktiv Kapital.

 

Basically it has come back clean as a whistle

 

Whats my next action ? I've not CPR'ed Activ yet, I SAR'ed them. Is that enough? or do they have room for manouvre to pull out a document they didn't enclose in the SAR ?

 

Court procedures: last contact from the court was a few months ago giving me the date of the hearing. They've not asked for any documents or asked me to fill anything in. This is a set aside, so maybe the procedure is different ?

 

Hearing is one month away is there any important deadlines coming up ? e.g. when do I need to get my skeleton argument in ? anything else that needs to be handed in in the near future ?

 

Witness statement and docs: I gave them to the court and they said they would pass them to the sols from the original case. However I just discovered that they changed sols after getting the CCJ against me. So I'm guessing these have gone to the wrong people. Do I need to chase this up and ensure the new sols get the w/s & supporting docs ?

 

Thanks,

[Prudence]

Hi Sick, have just read through your thread and can't believe what has being going on! (or actually I can!) Very good luck to you. Surely a Set Aside should be straightforward in this case! On the other hand you are very wise to prepare well for it and well done for all your research and keeping all correspondence.

We had a Set Aside granted in a case with Welcome Finance one year after the CCJ then the other side Discontinued at the last minute, which is I suspect what will happen here (if they've got any sense!). One thing I would add and more experienced Caggers will I'm sure comment, is that when you do go for your Set Aside and give your reasons make sure you have note of the relevant Sections/Acts to back up your statements, to show you know exactly what you're talking about. I'm sure you already are aware of this but just wanted to mention in case it helps!

[sick of thames credit]

Hi Sick, have just read through your thread and can't believe what has being going on! (or actually I can!) Very good luck to you. Surely a Set Aside should be straightforward in this case! On the other hand you are very wise to prepare well for it and well done for all your research and keeping all correspondence.

We had a Set Aside granted in a case with Welcome Finance one year after the CCJ then the other side Discontinued at the last minute, which is I suspect what will happen here (if they've got any sense!). One thing I would add and more experienced Caggers will I'm sure comment, is that when you do go for your Set Aside and give your reasons make sure you have note of the relevant Sections/Acts to back up your statements, to show you know exactly what you're talking about. I'm sure you already are aware of this but just wanted to mention in case it helps!

 

Thanks prudence, just starting to get nervous as I get closer to the court date in case I mess something silly up, like missing a deadline for not handing in something I'm not aware of yet.

 

Is there anymore work for me to do before the set aside hearing (apart from pulling my case together and preparing the arguments), e.g. anything I need to be handing in ? last contact was from the court months ago informing me of the date of the hearing.

[caro]

The document from the court should have indicated any dates that either side were required to do anything so check what that says. To be doubly sure you could always phone the court and ask.