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    • Yes she went back to them and asked them to remove the cancellation however the girl on the phone went to ask someone and came back and said she couldn’t.   Thing is they then tried to charge her £1000 to reinsure, I contacted a broker and got it down to £760, she went back to them and they miraculously could do it for £690!!  It feels like they are using this to fleece her, her previous ins was £300.   I will get her to write a complaint to them...do you know if there’s an insurance ombudsman she could contact?    I just feel it would have been fair fair to suspend the ins pending the court outcome!    Thankyou.
    • Hi,    Yes my daughter drove through a red light.   Yes her DVLA was still registered to her previous address at Uni hence them not being able to contact her hence the MS90.   This is her 1st car and she simply didn’t think to re register her car to our address she genuinely forgot!  However we left our forwarding address with the letting agent but the house was subsequently sold and the new owner used a different letting agency so communication was lost.   The courts enlisted the bailiffs and when the current tenant found her via Facebook she was genuinely mortified as she had no idea that she had broken this light.   She immediately rang the bailiffs and court who advised her to make The Statuary Declaration, whilst waiting for that date to arrive she thought she better ring the insurance company to explain what was happening thinking they may have to suspend her policy however they cancelled it on the spot she asked them not to but they just went ahead charging her £50 to do so.   At court after she explained what had happened the court dropped the MS90, and reduced the points and fine to what it would have been originally.   Going back to the insurance company they said they couldn’t remove the cancelled policy and it would show on her record for life and tried to charge her £1000 to reinsure!!  Previously it had been £300 as she had built up 2 years no claims.   I contacted a broker who said he could insure her for £760, she went back to her original insurance company, Admiral who then said they could now do it for £690!!  How can they suddenly do that sounds unscrupulous to me and that they are using this cancellation to now fleece her!!   She is a medical student and needs the car to get to the different places she is working on placement but can’t afford to pay this extortionate amount of money.  I would expect her policy to go up a bit but would say max £500 is proportionate?    I will I’ll get her to contact them Regards making a complaint in writing as you have suggested.   Thank you.    
    • I’m not sure who you mean by the OD and do you want me to see if the PDL is enforceable or not pay it at all?   And what should I do about the NatWest? Surly there’s a case getting it wiped if the charges came from them charging me for a PBA that I had told them to close and they said they had. Also am I paying the credit cards back in full or trying to get a reduced settlement?   Thanks Andrew 
    • Initial payments have already come in - we wouldn't have started otherwise. There's about £3,500 outstanding. The £800 was verbally agreed initially, but later correspondence from the customer shows that he's accepted the £800 for the extra work.
    • Each should send a cpr 31:14? Cant produce signed documents = no liability??
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Tek Screw

Help required for Aktiv Kapital court claim for old MBNA CC

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Hi all,

 

 

I'm new to posting on this forum so please be gentle with me if all this has been done before. I've spent the last few days reading various threads on this issue but my head's now spinning!!

 

 

Any help, advise or pointing in the right direction would be greatly appreciated.

 

 

Back in October 2009 when I was in a financial black hole, I foolishly sold an MBNA CC Debt to Credit Card Killer/Momentum Networks. (That's a story in itself)

 

 

Since then I've had the expected phone calls, letters, defaults, assignments to DCA which have been on-going, most of which I have ignored.

 

 

Last Thursday 16th Oct I received a Count Court Claim from Aktiv Kapital for the outstanding balance.

 

 

Over the weekend I sent the AOS stating I intend to defend the claim.

 

 

Is it a futile exercise to use "I've sold my debt" as a defence?

 

 

All reply's will be thankfully received.

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I don't believe it, I really don't;

Not Basil and Amanda Rankine again;

CCK & Matrix!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?206480-Rankine-in-the-Court-of-Appeal/page2

 

There are many threads running on the web about these two and how they screwed vulnerable consumers...

 

So, now the debt vultures are picking at the old CCK etc scraps; disgraceful.

 

http://www.itv.com/news/central/2012-09-17/couple-sentenced-over-2-million-fraud/

Edited by angry cat
addendum

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Turning back to your original question.

You need to request full disclosure of ALL documents that their case relies upon!

 

I am yet to see an MBNA pre 2006 credit agreement that complies with Section 78 of the Consumer Credit Act 1974.

 

What was the date of the credit card agreement?

did you take out the 'highly recommended' MBNA PPI?

and;

when did you last make a payment?

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Not Duncan Brown by any chance, Mr Scuba diving instructor, tends to lend his chance on AK clients and issues without knoeledge??


:mad2::-x:jaw::sad:

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Hi Angry Cat,

 

 

Sorry to provoke your Victor Meldrew outburst.

 

 

I only mention CCK as it may or may not be relevant.

 

 

Card was taken out March 1998

Default date Feb 2010

Last Payment around Sept 2009

 

 

Other info:-

 

 

Debt assigned to Verde Investments April 2010

then AK Feb 2012

 

 

So I send a CCA request to AK..is this correct?

Do I inform the Court or await the reply?

 

 

Thanks for your prompt reply

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Hi DX thanks for your post.

 

 

Info requested below:

 

 

Claimant

Aktiv Kapital Portpolios AS - Switzerland Address

Address for Docs

Aktiv Kapital UK Ltd - UK Address

Defendant

Me - My Address

POC

The claimant claims the sum of 24XXX.00 for the debt and interest. On XX/XX/98 the defendant entered into an agreement with MBNA for a Credit Card under reference XXXXXXXXXXXXXXXX. On XX/XX/10 the defendant defaulted on the agreement with an outstanding balance of 20'XXX.XX. On XX/XX/10 the debt was assigned to Varde Investments (Ireland) Ltd. On XX/XX/12 the debt of 20'XXX.XX assigned to AKTIV Kapital Portfolio AS, Oslo, Zug Branch. Notices of assignment were sent to the defendant in accordance with S136 Law of Property Act 1925.

 

 

AND THE CLAIMANT CLAIMS

1. The sum of 20XXX.XX

2. Statutory interest pursuant to Section 69 of the County Court Act 1984 at a rate of 8.00% per annum from XX/XX/12 to XX/10/14 4XXX.XX and thereafter at a daily rate of 4.42 until judgment or sooner payment.

 

 

Signed by

Robert Marr

 

 

In addition the following fees are shown:

Court Fee 550.00

Solicitor's costs 100.00

 

 

Court Papers dated 13th Oct 2014.

 

 

I will be sending CCA & CPR today.

 

 

Cheers

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Is there a solicitor involved here? Robert Marr I believe used to work for 1st Credit Financial.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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There are no other details on the claim for regarding Solicitors.

 

 

I presume I send both CCA & CPR direct to AK - UK

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There are no other details on the claim for regarding Solicitors.

 

 

I presume I send both CCA & CPR direct to AK - UK

Yes. The CPR 31.14 request may be refused if the claim has been issued by the Northampton CC.


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!

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Yes it has been issued from Northampton via MCOL

 

I will request it anyway.

 

When is it best to submit a defence?

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Hi Angry Cat,

 

 

Sorry to provoke your Victor Meldrew outburst.

 

 

I only mention CCK as it may or may not be relevant.

 

 

Card was taken out March 1998

Default date Feb 2010

Last Payment around Sept 2009

 

 

Other info:-

 

 

Debt assigned to Verde Investments April 2010

then AK Feb 2012

 

 

So I send a CCA request to AK..is this correct?

Do I inform the Court or await the reply?

 

 

Thanks for your prompt reply

 

If, I were you then I would make an S78 CCA request to AK;

I would also be asking them: "Are you the 'Creditor'?

 

You must, as previously suggested request 'Full Disclosure' from AK under Part 31.14:

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part31

You can also ask for an extension of time, when AK start to drag their feet.

 

Stick to the CPR's and the Courts overriding objective...

 

If the alleged debt was assigned to Varde?

What kind of assignment was it: equitable or absolute?

The alleged debt was obviously securitised via Varde but not by MBNA, who was the original 'Creditor'.

 

If, CCK did assign the alleged debt to Varde, the MBNA toxic debt wouldn't have been theirs to sell assign.

Therefore, I do not see how AK can possibly be the 'Creditor'

"This would have been illegal. People can'tsell their debt to someone else without the agreement of the 'Creditor'.

 

Who was/is the recorded owner (the 'Creditor) of the alleged debt on your credit reference agency credit files from 2010 (Default date) - 2014?

Edited by angry cat
addendum

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Yes it has been issued from Northampton via MCOL

 

I will request it anyway.

 

When is it best to submit a defence?

 

You cannot submit your defence until you are in receipt of 'Full Disclosure'!

You need to know what their claim is reliant upon and;

you cannot proceed until AK have complied.

But you must keep the Court advised; in the loop

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Yes it has been issued from Northampton via MCOL

 

I will request it anyway.

 

When is it best to submit a defence?

 

 

Have you acknowledged service of the claim?

If not do so asap and state you are defending all of the claim.


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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Have you acknowledged service of the claim?

If not do so asap and state you are defending all of the claim.

 

OK...thanks everyone, a lot to go through!

 

I have already submitted AOS

 

My credit file has been changed to show AK are the creditor. The history now only goes back to when they say the debt was assigned to them although the default date is a lot earlier.

 

I don't think CCK assigned the debt to verde it was MBNA.

 

I will dig out as much paperwork as I can and up date soon.

 

Thanks again

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OK...thanks everyone, a lot to go through!

 

I have already submitted AOS

 

My credit file has been changed to show AK are the creditor. The history now only goes back to when they say the debt was assigned to them although the default date is a lot earlier.

 

I don't think CCK assigned the debt to verde it was MBNA.

 

I will dig out as much paperwork as I can and up date soon.

 

Thanks again

 

Looks like you need to do a lot of digging; acquire knowledge.

 

If MBNA charged off the account to Varde (Ireland), it was securitised through same;

MBNA securitised (securitized) much of their toxic accounts through RoI and obtained Tax Relief by doing so.

However, that is another story...

 

IMHO, you should also be making a SAR to MBNA, the cost of same is £10;

request any and all historic information Re: the account. But ensure that you mark you postal order: SAR request only. Send by Recorded Delivery, keep copies.

 

The more information that you can acquire the better!

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Hi all,

...Back in October 2009 when I was in a financial black hole, I foolishly sold an MBNA CC Debt to Credit Card Killer/Momentum Networks. (That's a story in itself)

 

In short, the alleged MBNA debt was floating around in the big buckets of MBNA toxic debts black hole from October 2009 - March 2012, that's almost three years!

 

You say that the account was defaulted in 2010 (MBNA used to allow 7 late payments prior to defaulting the account).

 

My opinion is that AK is trying it on having substituted themselves in the place of Varde.

And that they do not hold a valid credit agreement as well as the agreement not being varied correctly.

 

Once you obtain ALL historic information, including the dubious assignment(s) you will be better placed to defend.

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There was information a few years ago, that Varde bought some MBNA whilst not renewed their Licence ,

hence sold to AK in a hurry,

then renewed their licence,

 

 

but as the trend seems to go AK got them and others so need to connect with fighting AK??

 

 

you my 2 penneth worth having been there ?


:mad2::-x:jaw::sad:

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Thanks all...your comments are invaluable!

 

 

I take it that whilst I'm awaiting the requested info from AK & MBNA, I can keep the legal wolf from the door - as long as I keep the Court informed?

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Thanks all...your comments are invaluable!

 

 

I take it that whilst I'm awaiting the requested info from AK & MBNA, I can keep the legal wolf from the door - as long as I keep the Court informed?

 

 

He is already at the door....dont miss your defence date...docs or no docs.

 

Andy


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Hi All

 

 

Is there a template for CPR 31.14 request or do I draft a simple letter requesting full disclosure of doc's mentioned in POC?

 

 

Cheers

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