Aktiv Kapital claimform - MBNA card debt.***Claim Discontinued***

[Stigman]

do i acknowledge their letter?

See "do i ask Aktiv Kapital for original contract/proof of debt?" below.

 

do i deal with mbna at all now?

You need to check your Credit Files to see who is now the owner, please be aware though that the Credit Reference Agencies can take upto a month to update their systems, Experian and Equifax offer a free 30 day trial but please remember to cancel or you will incur a monthly charge of upto £14.99, Noddle which is part of CallCredit is free for life.

 

do i ask Aktiv Kapital for original contract/proof of debt?

Yes, when was the original Card taken out? the law changed regarding CCA's in 2007, prior to that the original document has to be produced, after 2007, they can supply a recon agreement.

A CCA request costs £1, send a postal order and to Aktiv via recorded delivery, the template for this is in the Library section, top tool bar in green.

 

any other pointers would be great please

You are under no obligation to supply Activ with an Income and Expenditure, only a Judge has the right to your personal finaces.

Do not speak to them on the phone, if they ring you, just say in writing only and hang up, all they will do is lie cheat and bully you into paying, the specialist adviser is in reality a spotty nosed kid who is on minimum wage with a 20% commission top up.

Do not fall for the doorstop collector trick either, it has been known for someone to turn up from time to time, but they have no legal powers, are not Bailiffs, just someone on commission, tell them to leave your property immediately, if they refuse, call the Police and they will remove them for you.

 

Stigman

[Stigman]

The CCA will show you what date the Card was taken out.

 

You can ask for the CCA anytime regardless who owns the debt, once signed for, Activ have 12 + 2 working days (the + 2 working days are to allow for postage) to comply, if Activ do not then the Account is in dispute, template for this is once again in the Library section.

 

Stigman

[Stigman]

 

would you class Aktiv Kapital now as the OWNER as their letter states,

 

asking them for CCA is setting up dialogue?

 

You should have received a Notice of Assignment, a letter from MBNA that they have sold the debt to Aktiv and also a letter from Aktiv that they have bought the debt from MBNA, these may come in the same envelope.

You also need to check your credit file to fully find out ownership.

 

A CCA is a legal request for documentation and does not mean that you accept the debt and/or paying the debt back.

 

Stigman

[Stigman]

You also said in post #31 that AK sent you an application form in response to your CCA request.

 

Please can you scan in & edit out your personal information including any barcodes, agreement numbers etc and post up, DX100uk gives upload instructions in post #37.

 

Stigman