Threatened with Bankruptcy Proceedings -Aktiv Kapital/Judge & Priestley EGG Card

[tezzaa61]

Hi,

 

I originally owed Egg Credit Card over £6000 about 5 years ago (due to being made redundant and having to live off my CC's for a year). The debt has been re-assigned about 4-5 times over the last 5 years or so, and I have just ignored all communications with the DCAs in that time.

 

The debt was re-assigned to Aktiv Kapital Asset in January and I started getting letters from a company called Tempus Solutions acting on their behalf, asking me to pay off the debt. They have now passed the claim onto their solicitors Judge and Priestley who have now sent me a letter saying if I do not pay in full or send a proposal for repayment within the next 7 days (the letter was received 10 days ago) they will have no alternative but to commence bankruptcy proceeedings.

 

I've never had a letter like that in the last 5 years from any of the other DCAs. My debt is about 5-6 years old so could be nearing SB later in the year, so don't know if that is why this particular DCA is being more aggressive.

 

I've been unemployed for 11 months now and claiming JSA (IB). I have my own house and the DWP are paying the interest. I've been looking for work but its tough to find anything where I live.

 

My question is should I be worried about this latest letter, if so what should I do?

 

Any help would be gratefully appreciated.

 

Many thanks in advance.

 

T

[jobmid]

Ok so its been 5 years since your last payment? Aktiv Kapital seem to be getting more agressive these days I am seeing a rise in the number of people opening threads on this. Now to handle this you could do a CCA request that will buy you some time or if they dont have it then they cant enforce this.

 

I would also send an SAR to egg and see if theres any penalty charges and PPI that could be claimed back.

[BRIGADIER2JCS]

The first thing to do is check your

credit files,both Experian and Equifax

have 30 day free trials.

Then send them the prove it letter

from the CAG library before spending

a tenner on a SAR.

[tezzaa61]

Hi Guys,

 

Thanks for your replies, I'll check my credit file and see when I defaulted.

I have a copy of the CCA from Egg, they supplied that about 2 years ago or even more.

I take it the prove it letter is what I must have sent to get the CCA is that correct.

 

So the SAR goes to EGG? Is there a link to explain what this is as I am unfamliar with SAR's.

 

Thanks again.

[BRIGADIER2JCS]

Template for SAR in CAG library send with the £10

statutory fee to the DATA CONTROLLER.

Is the agreement you have compliant and enforceable??

[tezzaa61]

Template for SAR in CAG library send with the £10

statutory fee to the DATA CONTROLLER.

Is the agreement you have compliant and enforceable??

 

The Data Controller at Egg?

I'm not sure if the CCA is complaint and enforceable, how do I tell?

Sorry all the questions, just want to get it right.

 

What shall I do about the letter from the solicitors? I haven't spoken to them or written to them.

[BRIGADIER2JCS]

Yes the DC at Egg.

If you can scan and post the agreement here

after removing all personal details and account

numbers and barcodes if any the guys will take

a look for you.

Get the CRA check asap J&P are solicitors for

rent to any DCA often these letters have never

been in front of a solicitor.

[tezzaa61]

Yes the DC at Egg.

If you can scan and post the agreement here

after removing all personal details and account

numbers and barcodes if any the guys will take

a look for you.

Get the CRA check asap J&P are solicitors for

rent to any DCA often these letters have never

been in front of a solicitor.

 

OK,

 

I'll get a Credit Report.

Might be early next week till I have access to a scanner, will post CCA here, with personal bits erased (if I didn't chuck it out - thought I'd heard the last about this

 

I'll post an update when I get my Credit File.

 

Cheers

[BRIGADIER2JCS]

No probs keep us up to date.

[tezzaa61]

I've now got my Credit Report from Equifax.

Is it OK to post a screenshot of the relevant entries here, with dates showing, as long as I take out other identifying info,

or will that be too much info shown for any prying eyes looking?

[BRIGADIER2JCS]

Yes just as you say no names or account numbers.

[tezzaa61]

These are the entries from my CR:

 

 

The one above is the actual original CC. The two below have the same CC Number, but different to the original CC Number:

 

 

 

Edited March 23, 2012 by tezzaa61

[BRIGADIER2JCS]

It seems ok the original showing ok, then

the defaulted entry and the the aquisition

by Aktiv which has the correct default date.

The 1st two entries are now irrelevant.

[jobmid]

hmmm when did you last pay this?

[BRIGADIER2JCS]

Last payment is OCT 2006 default date Jan 2007 spot on I'd say.

Account number v card number I think.

[tezzaa61]

It seems ok the original showing ok, then

the defaulted entry and the the aquisition

by Aktiv which has the correct default date.

The 1st two entries are now irrelevant.

 

OK, thanks.

 

What date would this debt be Statute Barred? 18/1/2013?

[BRIGADIER2JCS]

Date of last payment OCt 2006 SB date approx end Oct 2012 although

the default will still show until its' 6 year life is up.

All depending that there has been no payment or written

acknowledgment in those 6 years.

[tezzaa61]

OK thanks very much for your help

 

Much Appreciated

[tezzaa61]

Date of last payment OCt 2006 SB date approx end Oct 2012 although

the default will still show until its' 6 year life is up.

All depending that there has been no payment or written

acknowledgment in those 6 years.

 

Do you have any expertise with Parking Ticket Issues or shall I put a post

in the relevent section?

 

Regards

[tezzaa61]

Ok so its been 5 years since your last payment? Aktiv Kapital seem to be getting more agressive these days I am seeing a rise in the number of people opening threads on this. Now to handle this you could do a CCA request that will buy you some time or if they dont have it then they cant enforce this.

 

I would also send an SAR to egg and see if theres any penalty charges and PPI that could be claimed back.

 

Thanks for your replies So I could in theory claim back some money from Egg even though I owe them over £6000?

 

Just want to check is this the one to send, as there are two versions; http://www.consumeractiongroup.co.uk/forum/content.php?417-A-Subject-Access-Request-for

 

Also as I have not been in contact with EGG for over 3-5 years or so, will contacting them with a SAR, cause any problems for me regarding the debt and

the date it becomes Statute Barred?

 

Many Thanks

Edited March 26, 2012 by tezzaa61

[BRIGADIER2JCS]

Yes

[tezzaa61]

Yes

 

Shall I post my Parking Ticket Issue here?

[BRIGADIER2JCS]

Better in the correct forum.

I'll see it anyway.

[tezzaa61]

OK Thanks will post it now

[tezzaa61]

Hi,

 

I just received a Claim Form from Northampton Court for the debt I owe, just wondered what I should do now