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    • "We suffer more in imagination than in reality" - really pleased this all happened. Settled by TO, full amount save as to costs and without interest claimed. I consider this a success but feel free to move this thread to wherever it's appropriate. I say it's a success because when I started this journey I was in a position of looking to pay interest on all these accounts, allowing them to default stopped that and so even though I am paying the full amount, it is without a doubt reduced from my position 3 years ago and I feel knowing this outcome was possible, happy to gotten this far, defended myself in person and left with a loan with terms I could only dream of, written into law as interest free! I will make better decisions in the future on other accounts, knowing key stages of this whole process. We had the opportunity to speak in court, Judge (feels like just before a ruling) was clear in such that he 'had all the relevant paperwork to make a judgement'. He wasn't pleased I hadn't settled before Court.. but then stated due to WS and verbal arguments on why I haven't settled, from my WS conclusion as follows: "11. The Defendant was not given ample evidence to prove the debt and therefore was not required to enter settlement negotiations. Should the debt be proved in the future, the Defendant is willing to enter such negotiations with the Claimant. "  He offered to stand down the case to give us chance to settle and that that was for my benefit specifically - their Sols didn't want to, he asked me whether I wanted to proceed to judgement or be given the opportunity to settle. Naturally, I snapped his hand off and we entered negotiations (took about 45 minutes). He added I should get legal advice for matters such as these. They were unwilling to agree to a TO unless it was full amount claimed, plus costs, plus interest. Which I rejected as I felt that was unfair in light of the circumstances and the judges comments, I then countered with full amount minus all costs and interest over 84 months. They accepted that. I believe the Judge wouldn't have been happy if they didn't accept a payment plan for the full amount, at this late stage. The judge was very impressed by my articulate defence and WS (Thanks CAG!) he respected that I was wiling to engage with the process but commented only I  can know whether this debt is mine, but stated that Civil cases were based on balance of probabilities, not without shadow of a doubt, and all he needs to determine is whether the account existed. Verbal arguments aside; he has enough evidence in paperwork for that. He clarified that a copy of a DN and NOA is sufficient proof based on balance of probabilities that they were served. I still disagree, but hey, I'm just me.. It's definitely not strict proof as basically I have to prove the negative (I didn't receive them/they were not served), which is impossible. Overall, a great result I think! BT  
    • Seeking further advice now. The 33 days in which the defendant has to submit a defence expires at 16:00 tomorrow. The defendant has submitted an acknowledgement of service but looking to get the claim awarded by default in failure to submit the defence. This is MoneyClaim Online and can see an option to request a default judgement but believe that is for failure to acknowledge the claim within 14 days??  So being MoneyClaim Online, how do I request the claim be awarded in my favour?
    • Have to agree with the above Health and safety legislation is specific in that the service provider in so far as is reasonably practicable, the health, safety and welfare at work of all his employees and those not in the employ of the business. You claim is like saying you slipped in the swimming pool area while taking a dip. As rightly stated by by the leisure centre, a sports hall has dedicated equipment and you yourself personally have a legal obligation in mitigating danger or injury to yourself by taking account of your immediate surroundings. Where your claim will fail is if it is reasonable and proportionate to impose liability of the Leisure Centre? The answer has to be no.
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A new one with Aktiv Kapital


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Back in 2007 I received a letter from these with an outstanding debt of £3000.

 

At the time, I knew nothing of DCA's and went along with it.

 

Since then I have paid over £1000 and even to this day still pay the monthly installments.

 

Now, after learning everything I have on this forum I've realised that the debt, when they first contacted me was statute barred.

 

Didnt know what that was at the time, also, i wouldnt imagine they could provide a CCA request.

 

Should I been sending a request and if they don't respond should I stop paying them? The original debt was £2200 and raised to £3000.

 

So I've paid the best part of 50% already..

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Hi, Are you sure that the debt was SB when you made the

first payment to them?

If so stop paying them if there has been no payment or

written acknowledgment of the debt in six clear years

before you started to pay them write to their compliance manager

giving all the details you have and tell the yoiu now will cease

all payments because the debt was already time barred.

Unfortunately what you have paid will be considered as a ''gift''

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Hi, I'm pretty sure it was... I think (almost 99% sure) that the last payment I made was in 2000 on the original account - 2001 I went on holiday for her majesty. Their first letter was 24th Jan 2007 with the first payment from me on the 3rd of Feb 2007.

 

Can I write to them asking to prove it somehow??? I cant really find as the original bank account the payments were made from was closed years ago.

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I'll draft a reply for you in a few minutes.

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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Back in 2007 I received a letter from these with an outstanding debt of £3000. At the time, I knoew nothing of DCA's and went along with it. Since then I have paid over £1000 and even to this day still pay the monthly installments.

 

Now, after learning everything I have on this forum I've realised that the debt, when they first contacted me was statute barred. Didnt know what that was at the time, also, i wouldnt imagine they could provide a CCA request.

 

Should I been sending a request and if they don't respond should I stop paying them? The original debt was £2200 and raised to £3000.

 

So I've paid the best part of 50% already..

 

Here we go.

 

The Compliance Manager

Aktive Capital.

 

Ref:xxxxxxxxxx

 

Dear Sir or Madam

 

I write in reference to the debt for XXXXXXX to which

I have been making payments since xxxxxxxx.

Having now researched the full details of this account

I have found that this debt was Statute Barred before

you contacted me and I started the payments, in view

of this I am now stopping payments immediately and

no further payments will be made.

I do realise that was an oersight on my behalf, but I

consider tha Aktiv Capital received monies from me

unfairly as you would no doubt have been aware of the

status of the debt.

I shall now have to consider complaints to regulatory

authorities.

send recorded delivery.

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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  • 3 months later...

I sent a CCA request to them after paying £700 off a £3000 bill. They have come back with...

 

"Although we purchased the right to recover this outstanding balance we are not the OC and dont hold such documentation in this matter.

 

We contacted the OC in an effort to resolve this matter.

 

The OC cannot provide us with this documentation and therefore informing you that we will cease all collections activity whilst not in possession of the docs..."

 

So, do I respond? Do I just leave it? or do I say, hang on my old fruits - you've had £700 out of me, now give it back!

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Hi you wont get a penny back, stop paying and keep that letter saying they cannot provide you with agreement in a very safe place. If the debt was created before April 2007 you can tell them to go forth etc. If after then they could use a reconstruction of the agreement to enforce in a court, so if that is the case just pay what you can afford.

 

dpick

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I would suggest confirming receipt of the letter, and

as this is is pre 2007 (Apri 2007) state that a reconstituted

agreement is unacceptable.

Covers the bases.

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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I would suggest confirming receipt of the letter, and

as this is is pre 2007 (Apri 2007) state that a reconstituted

agreement is unacceptable.

Covers the bases.

 

Sorry, can I just confirm this pre 2007 business please.

 

If the agreement/account was taken out pre 2007 and then defaulted in 2009 does this apply?

 

Is it only for accounts/agreements that "defaulted" after 2007??

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The cosumer credit act was amended and the new act came into force April

2007, agreements prior this were unaffected by the changes, so that the original

agreement is needed to enforce the debt.

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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so that the original

agreement is needed to enforce the debt.

 

Just one more question...

 

Original agreement can be a photocopy yes? as long as it shows a valid signature.

 

While a recon version is just the text, no signature?

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Yes it must be a true copy if it was an online app the tick

box is counted as a signature.

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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