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    • Pardon late reply, had a busy last few days. I will make enquiries to the Council or Valuations Agency tomorrow when they are open. I am a little apprehensive about getting the dentist involved although I wasn't warned about the new parking system at the time. I have photos but  will need to reduce the mb size of them as 4.5 mb is maximum upload on here. They will also need editing to blot out reg numbers etc. I was given 28 days from CE to cough up after the POPLA decision and that will expire in a few days time. I intend to take this all the way and to save further action [e.g. debt collectors with the £100 rocketing to the thick end of a Grand]   write to CE and tell them take me straight to Court as all letters will be ignored. 
    • Hi, i am not sure if this has been discussed before, i have a feeling it probably has. My partner has claimed carers allowance for looking after her uncle for the last 3 years. She has also quite often worked part time. She has always told me she was allowed to work 15 hours per week and she has always stuck to this limit. However i have looked into it and found that the limit is how much you earn not how many hours you work. Her jobs have always been minimum wage so they have actually kept her just under the earnings limit. This is where i think this subject may have been discussed before, obviously in april 2019 the increase in NMW and the carers earnings limit increase resulted in someone working 15 hours at NMW being 15p over the limit. My partner had no idea she was earning too much until a letter arrived a few weeks ago from the carers people. They suspended her claim and she had to fill a form in  detailing her working hours and earnings etc over a certain period. My partner sought advice from the CAB who said this would be overlooked as it was such a small amount (15p). She received a letter on saturday saying she was not entitled to carers from april 2019 until sep 2019, (she stopped working in september and is not currently working). The letter does not say what they intend to do as she has already received her payments for this period. I have a feeling another letter may be on its way telling her to pay it back ? Surely this can not be right ? Another point to mention is that my partner had £2 per week took from her wages for her uniform, i put this down as an allowable expense but they have completely ignored this and not even mentioned it in the letter they sent out on saturday. As far as i was aware work uniform or equipment should be classed as an allowable expense, this in effect would take her below the carers earnings limit. Has anyone had a similar experience or can offer any advice ? I seriously cant believe they are doing this over 15p per week. Thanks in advance Steve.
    • You are onto something here... POFA s.4 states:   "6(1)The second condition is that the creditor (or a person acting for or on behalf of the creditor)— (a)has given a notice to driver in accordance with paragraph 7, followed by a notice to keeper in accordance with paragraph 8...   8(1)A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(a) is given in accordance with this paragraph if the following requirements are met....   (4)The notice must be given by— (a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or (b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period. (5)The relevant period for the purposes of sub-paragraph (4) is the period of 28 days following the period of 28 days beginning with the day after that on which the notice to driver was given."   In the Claimant's WS, from para 54 onwards, they refer to p.9 of POFA regarding the issuing of the notice to the Keeper. They're relying on the wrong paragraph because, as they've issued a notice to driver, they should be relying on p.8, as I've quoted above. The notice to keeper can then only be issued once 28 days have passed. They're stating that it's 14 days, and that they have done this in your case.   Did you include POFA as a WS exhibit?
    • Thanks again!   With regards to evidence raised above, since the application is now scheduled for a hearing, what if I wanted to submit further evidence to support my case for the hearing.   How would that affect the already submitted Witness Statement with the application? (It was not originally meant for a hearing)
    • dx100uk - sorry for the multiple pages but there should have only been 2.  I have placed them in pdf and will upload them again. Debt Recovery Plus Ltd - 7-10-19.pdf Debt Recovery Plus Ltd - 20-9-19.pdf
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Aktiv Kapital spoof debt [was also SB] - i issued a claim for costs/compo - they folded and coughed **WON**

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I would like to share my success against Aktiv Kapital.


AK has been bullying and harassing me since 2009 for debt that didn't exist.

I bough a fridge with a comet edge card in 2006 and shortly after it was delivered I changed my mind and sent it back.


I didn't hear anything from them until AK started calling me day and night

and threatening me with court action and subsequently registered a default against my credit file.


I also discovered that AK had illegally changed the default date by 20 months.


Fast forward June/ July.


I sent Aktiv Kapital a letter stating I did not owe the alleged debt and also this debt is statute barred anyway.


They ignored my first letter, then I sent them DPA notice to stop processing my data and gave them 21 days to comply.

Again they did not comply and letter before action was sent.


Then I issued a claim online for damages and notes as per above.


They filed a defence within 2-3 days of issuing the claim online and said they would defend.


For the past 2 months they have tried to bully me into submission saying they had strong case and they would defend vigorously.


I stood my ground through out and ordered them to remove the default immediately

and pay me compensation for all the things they had put me through for many years.


Finally once the hearing date had been confirmed and clock started ticking they offered £105

and to mark the alleged debt as settled.


I refused straight away.


Then finally they say they would settle and pay me full amount claimed and remove the default within 72 hours.


I again refused as I had now prepared all the bundles and incurred further costs

and I ask them to pay for them and surprise surprise they agreed and further paid for preparing the bundle.


Aktiv Kapital are bunch of cow boys and I would advise all of you good people out there to stand your ground

when you had been violated by DCA's and AK are B*****s for making up debt when there was none.



before I issue the claim I tried the OFT and they were not helpful and infact very rude to me over the phone

so from now on Her Majesty Court are way forward for me.


cheers all

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First DCA Aktiv Kapital: down ......


Next: Sigma Red ( will be issueing claim next month after final letter before action.

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I think you need to get in touch with batty on this thread.




Between you, you must take this to the OFT and to Watchdog – Aktiv are under OFT sanctions and between you, you could see them fined £100,000.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009


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Good idea and don't mind it all.


Bytheway, they attributed their attempt to collect money by fraudulent means to admin error.


Fortunately for me I found a lot of criminating data for them to back off and settle.


Furthermore the main fairy-tale that is normally told by Banks and DCA's about not being able to change or delete an entry with CRA's is a complete lie. AK did this within 72 hours but technically it can be done the same day.

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Congrats, Lukewarm. I just won against AK in court aswell! Would love to know more, as I'm hoping further action can be taken against these people

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Congrats, Lukewarm. I just won against AK in court aswell! Would love to know more, as I'm hoping further action can be taken against these people


Congrats to you too mate. Fantastic result.


On what grounds are you planning the further action you mention above. I expect elements that were not mentioned in your original POC.


In my POC I mentioned;


1) NOT the Debtor in question - don't owe this debt

2) Debt was statute barred anyway

3) harassment - threatening and bullying

4) Breach of Data Protection


In hindsight I should have brought three different cases I against them or at least two cases. Also I wish I had claimed higher cost but most importantly I was after the default removal and they did remove and settled in full in the end.


Let me anything you want to know or discuss otherwise just message me anytime.

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