old LLoyds debt - cabot have NO CCA - what next?

[stestrange69]

Hi just a quick question

 

 

I've had a letter from AKTIV KAPITAL this morning regards a bank account in my wife's name

which was a Lloyds tsb account which was overdrawn when we couldn't afford to pay the Lloyds tsb loan.

 

 

the loan is account was shut in 2004 and the account was opened many years before.

 

 

its only £267.90 and they have offered me a discount of £93.77 (dependant on circumstances).

 

 

I wondered will this be the same as the credit card agreement

or is there another process to sort this issue out

and will aptiv Kapital be able to enforce this or not.

 

 

do I need to ask for any agreement to see if they can enforce the debt. thanks

[dx100uk]

there will be no agreement

 

 

if they are offering a discount

they'll never go near a court!!

 

 

ignore them

 

 

dx

[stestrange69]

Hi all

 

I was on here before Christmas asking for help about some debts me and my wife had.

 

they are about 10-12 years old

 

we requested the copy of the original signed credit agreement which cabot could not supply.

 

we used the template letters as per advice guidelines.

 

now since then we have had a letter every week or every other week asking politely for us to mate payment arrangements etc.

which from reading and everyone that gave us advice was the norm when they haven't got anything to back it up.

 

randomly we have had another letter today to state they will be forced to take legal action

and its currently there intention to instruct a solicitor to issue court proceedings against my wife

and seek a county court judgement.

 

can they do this or not as they couldn't produce the original agreement.

 

ive attached a a copy of the main section of the letter without any of the side bits showing any of the account info for security purposes

[dx100uk]

4 threads on same debt merged for history

 

 

please keep to one thread per debt.

 

 

dx

[stestrange69]

Hi dx do you have any advice on the latest letter we have received. please

[dx100uk]

now go back and read this thread from post 1

the question has already been answered.

 

 

no CCA NO pay

cant enforce it in court either

 

 

willy waving.

 

 

dx

[stestrange69]

are they ok to threaten court action or not

 

 

as I thought if they didn't have proof they couldn't make threats of court action.

 

 

has anyone ever had one of these and does anyone know what to expect next after this.

 

 

will we get anymore letters for court or will they try to take it to court.

[dx100uk]

they can willy wave all they like

 

 

to enforce any judgement

they will NEED the SIGNED AGREEMENT

 

 

end of

 

 

cant explain that in many more different ways me thinks than already has

[stestrange69]

is it worth me asking for the signed agreement again or just sit back and ignore everything

 

 

its just my wife is getting worried as she doesn't want to attend court which I wouldn't want to make her do.

 

 

id be willing to make them a 10% offer as f&f just to get rid for good

 

 

but i would need a template letter as im not good with that type of thing.

 

 

I know its against everything you would advise dx

 

 

but it might be worth it to keep my wife sane so she doesn't worry about it the other debts in my name

 

 

id let them take me to court as im not bothered either way lol.

[dx100uk]

that's would not stop them.

[stestrange69]

Hi all again

 

 

I've just checked through my paperwork and I've got this strange feeling when we sent off the cca letters

 

 

we have managed to send 2 for the same account.

 

 

the two credit card debts we have with Cabot

we have had no letters about at all since last year when we sent in the cca letter.

 

 

we have had loads of letters about the loan which looks like we accidently didn't send a letter for.

 

 

I just want to check do I send the same cca letter if its a loan

and is it ok to send that even having the last letter with the threat of court action.

 

can I just check when we had the loan it made a bank account overdrawn which is one of the debts we have

but its with someone called the PRA GROUP we keep getting letters offering discounts (dependant on circumstances).

as its an overdrawn will the same cca agreement apply or is there another way to deal with this.

 

 

as from the letters they just seem to be like the others which don't make any threats and offer discounts

so would seem that they are unenforceable but I want to make sure before I stop any payments

[dx100uk]

CCA request

 

 

Blank £1PO don't sign anything.

 

 

dx

[stestrange69]

thanks dx not sure if I edited the post before you seen it as email came through as I sent it. what would I do for the second part regards the bank being overdrawn.

I've got to say after checking the letters sent to me and checking the mistake we think we made that since the cca letters we sent and them not having them we have had no more letters in regards to the ones they cant enforce so that's a bonus.

[dx100uk]

on the discounts letters debt that shows you there is something wrong with it

 

 

and the PRA group are a bunch of fleecers anyway. AKTIV KAPITAL (UK)

you cant CCA a bank account debt.

its not covered by the CCA.

[stestrange69]

ok is there anything else that may cover it as the overdraft would be covered as some kind of credit I would expect

but i'm not up on these things like yourself.

 

 

your totally correct it was classed as AKTIV KAPITAL (UK) a few weeks ago.

 

 

ive had letters offering £26 off a £260 debt and then £93 off the same debt.

 

 

so just rings really dodgy like there just trying to get what they can from me.

 

 

would you advise doing anything like making an f&f sending any letters asking them to prove the debt is owed or just stop paying them.

 

 

thank you for all your help dx.

[dx100uk]

pers I'd just stop paying

 

 

dx