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    • hi all. bit of advice please. I had a Three contract up until November last year. At £11pcm for 24mths. Paid every month on time via their online portal. When I ported over, I received a letter from Three thanking me for being a customer blah blah blah.. It also said IF I owed anything a final bill will be sent. No final bill ever received - I get a phone call around the first week in December form an Indian sounding man who was extremly difficult to understand. Said he was calling from Three, and wanted me to confirm my details - something of which I didnt as something didnt sit right. He said I could log into my account and review my bill as I owed money and then hung up. After the call I thought I'd best log into my account just in case.  Couldnt log in. Account access denied. Logged on to chat - they said as I ported over and I was no longer a customer my access was suspended. Couple of weeks later I had another call from a local area number and answered again it was some Indian guy telling me I owed money, wanting me to confirm details. I refused and he said details will be sent out to me to my email on account and my home address as it was important. Once again nothing.. 15th Dec I received an email from PastDue in my name RE Three. Email stated they were contacting me about Three an I should receive a letter soon regards to this matter. Says about visiting their website.  22nd Jan another email form Pastdue. Stating they have yet to receive a response to the letter, and they had already sent me an email about this. We will continue to contact you until this matter is resolved. Again asks me to login. 23rd Jan letter received dated 13th Jan. Titled "We are here to help keep your Three Services"  Claiming I owed "Airetime Balance £201.43" and contract period was 26/11/2019 to 25/11/2020 States "We have been appointed by Three to recover the amount of £201.43. If you pay this amount in full Three may be able to waive the cancellation fee and reconnect their service for you" - what cancellation fee / re connection??? I ended the contract giving the 30days notice and paying the last bill.. Then the normal crap about its important to pay. If I'm experiencing difficulties etc. Now both December and  January Credit reports from ClearScore, Credit Karma, Credit Expert, Totally Money and Equifax all show Three as Closed and balance as Zero. (Date Satisfied /closed 17th Nov, bal 0, last updated 30th Nov) I've had nothing from Three. As far as I'm concerned I owe nothing as no final bill and no access to the portal. Should I email PastDue and do a prove it & attach proof of Credit Reports being £0 or do I do something else?  
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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
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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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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 don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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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.

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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.

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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
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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!

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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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