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    • Beware using the word "mitigating". That is only if you're admitting it and asking them to be lenient because x,y,z or whatever.   You are not admitting it so there can't be anything to mitigate something you didn't do.
    • pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked  you DO NOT file a defence at this time  click thru to the end  confirm and exit MCOL. . .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]  
    • Could you perhaps use the quote button so as to minimise confusion?  It's difficult to distinguish between what you quote and what you are saying.  (Actually it is quite easy to tell the difference).
    • Name Of Claimant - Lowell   Date of Claim - 11th nov 2019   What is the claim for – the reason they have issued the claim? 1)   the defendant entered into a consumer credit act 1974 regulated agreements vanquis under account reference xxxxxxx 2)   The defendant failed to maintain the required payment, arrears began to accrue 3)   The agreement was later assigned to the claimant on 29 September 2017 and notice given to the defendant 4)   Despite repeated requests for payment, the sum of 2247.91 remains due outstanding And the claimant claims a)The said sum of £2247.91 b)The interest pursuant to S 69 county courts act 1984 at the rate of 8% per annum from the date of issue, accruing at a daily rate of £xxxx, but limited to one year,  being £xxxx c)Costs   What is the total value of the claim? £2247.91   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ? No I received the PAP twice?   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? NO   Did you inform the claimant of your change of address? NA Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? CREDIT CARD   When did you enter into the original agreement before or after April 2007 ? NO   Do you recall how you entered into the agreement...On line /In branch/By post ? BY PHONE/POST   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? YES   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. DEBT HAS BEEN PASSED TO LOWELLS   Were you aware the account had been assigned – did you receive a Notice of Assignment? I CANNOT RECALL   Did you receive a Default Notice from the original creditor? I BELIEVE SO YES   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? NO   Why did you cease payments? LOST MY JOB AND COULDN’T AFFORD PAYMENT/INTERESTS   What was the date of your last payment? APPROX JAN 2015   Was there a dispute with the original creditor that remains unresolved? I asked for the CCA and they sent me a computer printed balance statement   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? I believe I contacted them explaining I had lost my job and for a holiday period which they refused. Although I cannot recall 100%   Just to sum up what has happened through this thread: -       defaulted around May 2015 -       2017 lowells got involved, asked for my CCA from OC and SAR. Vanquis, no acknowledgement of the dsar/ sar, they have however sent me their terms and conditons, fact sheets, along with 2 computer print outs of my details. I think they were considering it the CCA. -       lowells sent pap, replied, they sent again, replied again -       Court claim    
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RW Fugitive

Aktiv Kapital chasing 7yrs old Sainsbury 'bank debt'

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Hi guys,

 

These morons are chasing me for a alleged debt from 7 years ago, that is SB'd now

and has never had a CCJ against it.

 

I've sent them the SB letter from the templates on here by recorded delivery and they've signed for it yesterday.

 

What do you think their next move will be?

 

Will they just give up now or are they likely to keep asking for this alleged debt?

 

also will this affect my credit file now? :???:

 

Thanks :)

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Two options normally Confirm SB status in writting or

totally ignore you and sell the debt to another mug:madgrin:


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Two options normally Confirm SB status in writting or

totally ignore you and sell the debt to another mug:madgrin:

 

Cheers... sounds about right about the reselling :D

 

Are they likely to add anything to my credit file?

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Are they likely to add anything to my credit file?

 

When I sent Aktiv Kapital the SB'd letter,

I received a letter in return stating that the debt is statute barred and they are closing their files,

I have not heard anything from anyother Company since.

 

Aktiv Kapital did do a search of my credit file and it is shown on my credit report.

 

Stigman

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What is there now?

If it is over 6 years from the default date it's

already off your files, you cannot be be defaulted

twice for the same debt.

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Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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When I sent Aktiv Kapital the SB'd letter, I received a letter in return stating that the debt is statute barred and they are closing their files, I have not heard anything from anyother Company since.

 

Aktiv Kapital did do a search of my credit file and it is shown on my credit report.

 

Stigman

 

thanks :)

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What is there now?

If it is over 6 years from the default date it's

already off your files, you cannot be be defaulted

twice for the same debt.

 

thanks... it is clear at the moment. I'm guessing their search means nothing then?

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There is now in the October 2011 OFT Guidance

a section regarding the ''sale'' of statute barred debt

without notifying the purchaser of the status of the debt,

I rather suspect from the cases I'm seeking that many

debt purchase companies are attempting to recover

as much old debt as possible at this time.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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There is now in the October 2011 OFT Guidance

a section regarding the ''sale'' of statute barred debt

without notifying the purchaser of the status of the debt,

I rather suspect from the cases I'm seeing that many

debt purchase companies are attempting to recover

as much old debt as possible at this time.

 

The bottom feeders are out in force at the moment :-x

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They have sent a letter today saying they can't see any reason why I shouldn't pay them LOL

but they'd like to offer me a special deal to as F&F on the account.

 

It's about 20% of the orginal alleged debt LOL. :-D

 

:cheer2:

 

But you've guessed it... they are getting NOTHING from me ;)

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Did you send Aktiv Kapital the Statute Barred letter?

 

If not, they will keep sending out letters, i.e. Discount Settlement, CCJ threats and so on.

 

Stigman


NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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Did you send Aktiv Kapital the Statute Barred letter?

 

If not, they will keep sending out letters, i.e. Discount Settlement, CCJ threats and so on.

 

Stigman

 

Yeah, I sent it by recorded/signed for delivery. I guess this is their last attempt to get a payment out of me?

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Yeah, I sent it by recorded/signed for delivery. I guess this is their last attempt to get a payment out of me?

 

Confirm with the Royal Mail website (unless you done so already) to make sure that the letter has been received and that the letter you recently got could not have crossed over in the post.

 

Make official complaints to both the OFT and Trading Standards via Consumer Direct.

 

Stigman


NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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Confirm with the Royal Mail website (unless you done so already) to make sure that the letter has been received and that the letter you recently got could not have crossed over in the post.

 

Make official complaints to both the OFT and Trading Standards via Consumer Direct.

 

Stigman

 

Looks like theres a small chance it crossed in the post by 2 days (was signed for)? Best to wait to see their next move?

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As most DCA's use 2nd class post via TNT, give them until after the Bank Holidays.

 

Just keep the letters for reference.

 

Stigman


NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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As most DCA's use 2nd class post via TNT, give them until after the Bank Holidays.

 

Just keep the letters for reference.

 

Stigman

 

will do, cheers :)

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The letters would have crossed because of the us of

bulk mailing systems.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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BCW have been chasing a SB debt of Akitiv Kapital for a few months,

I'd already told AK last year (april) that it was SB and that I wouldn't be paying,

they ignored me and sent a few letters, but went quiet for a bit.

 

Now after complaining and telling BCW it was SB,

 

I've received a letter "Refuting" my claims. It shows a "payment" made in November 2012 of £40. Which I never made!!! :-x

 

The account was SB in April 2012, so how they think phantom payment this makes it un-barred I'll never know.

 

What should i do? BCW said they are continuing collection on the alleged debt and AK say I've made 1 payment last year that i didn't make!!! :-x

 

Who is best to complain to as BCW said there letter was there "final decision" on the matter!!!??? :!:

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Ok there is a pattern of these 'mystery' payments so I will draft a letter for you a little later.

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Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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final decision

they are a powerless DCA

 

time you ignored these muppets

or ask them to PROVE

from where

by whom

and the METHOD of payment

 

I BET they comeback and say it was by a giro cash slip.

 

usual 'trick'

 

dx


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final decision

they are a powerless DCA

 

time you ignored these muppets

or ask them to PROVE

from where

by whom

and the METHOD of payment

 

I BET they comeback and say it was by a giro cash slip.

 

usual 'trick'

 

dx

 

Yeah, it says it was paid at a Lloyds ??? I've never been in a Lloyds!! LOL

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I'll step back as dx is helping you.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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then you need to demand they send you a copy of the payment giro slip

 

dx

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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then you need to demand they send you a copy of the payment giro slip

 

dx

 

Cheers, will do. Is it worth making a complaint to the Financial Ombudsman too? I was thinking Trading Standards too?

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