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    • you need to ring northants bulk and ask for a copy of the judgement and the claimform by email pdf. it is quite usual for them to not have a copy of the claimform. so you need to record the call and ask them to read out the particulars of claim and the address it was sent too.     old wives tales , if you have a debt owing that shows on your credit file or you know exists from say the last 7yrs you should NEVER move without WRITTING to the debt owner with your new address. never run from debt which falls within the above .     all mortgage style SLC loans that were not deferred with erudio following the gov't sale in 2013 and that did not have a court claim raised within 6yrs are SB'd.   drydens simply did this because they wrote to your old address, got no response, and knew they'd get a default roboclaim CCJ where no human checks anything.   shot yourself in the foot.      
    • yep.   if all these are still owned/with the original creditors and you are not paying any powerless DCA's  then little point in any CCA requests at this stage unless any (non OD A/C's) are say pre 2000 opening.   our pro rata letters are the way to go you'll find those in the debt collection section of our library.   get any income payments on going or otherwise moved into a parachute A/c.   it is most probable that whatever you do most A/c's will be defaulted once this is done if not already. bearing in mine your wish to re mortgage or move in a future, it is most probable that the quicker you do default , the earlier a DN will be registered thus the earlier these will not show following their 6th birthday. this might involve you thinking about stopping all payments now ensuring this does happen, then resuming payment under a pro rata scheme self administered , once this happens.   just be aware that no DMP providers will ever question enforceability, should that be relevant.     
    • LL would have Absolutely no chance of getting the smart meter changed back.....
    • slow down ...read what i'm asking , stating and trying to clarify.. it all might seem useless or totally irrelevant but it's important information moving forward with the whole situation and useful in the SPC claim moving forward     there was not 2 loans - the litigated OD is not a loan but it appears from your comment here..     sorry but then you did get scammed on many fronts... they allowed you to settle the loan exploiting your confusion over thinking it was the litigated account. they didn't tell you either and they would also have been aware of your statement filed response form:   The respondent had a junior account with the Bank of Scotland since a young age.  The Bank of Scotland offered the Respondent a loan of around £2500. This Respondent serviced the loan until losing her source of income and ran into some financial difficulty resulting in defaulting in servicing the loan.   they settled for a discounted sum... why? we usually find this is because they hold no enforceable paperwork at all. or was full of charges , charges could have been the discount or it could have been due to 'a business decision' ...   but sure as eggs is eggs there is no way 1st credit would not have raised a court claim for both the OD and the loan unless there was a very good reason. they didn't that smells...badly.   OD 's are notoriously difficult to litigate upon if defended properly...but with a loan in the same claim, with enforceable paperwork, they would have almost been guaranteed to win.   it's also a shame you didn't come where before you did anything but we are where we are.   now the above might seem harsh..even petty but our posts are not only for you and your issue they are also for future readers that find us via search engines or read like threads here alerting debtors to frequent pitfalls and innocent wet myself actions many do that all these dca's will and have exploited time and time again over the last +40yrs .   i'll try and get around to properly redacting all your pdf's tonight and get them back up. but before i finish and get on with the above........the status of the claim as it stands now.   From what i can gather the claim now hinges upon proving her ex at the time settled by a discounted payment to HBOS well before the sale to Intrum and the SPC Claim.   In all honestly and with regard to your comments in your previous posts upon his character, i seriously doubt this ever happened. the disclosures from Intrum contain all the OD statements , should that have happened, it would be detailed in those.   there is little point in the claimant hiding that info as they would be in far more legal trouble should they have doctored them than insuring a mere +£1k claim win. Even 1st credit wouldn't pull such stunts.   Sorry but there is little point in requesting HBOS to attend any future hearing, nor hoping the SAR shows anything different to the statements the claimant has disclosed . That will cost you more money , and more money in terms of the claimant attending another hearing.   there is one exploitation i see. that being the mention of a default notice. the claim states:  The respondent fell into arrears under the Finance Agreement. A Default Notice was Issued by the Original Creditor .   now default notices are not issued for OD A/C's (which ties in to the possible loan confusion and scam settlement i mentioned) . This tallies with a common mistake that many DCA's, including why i keep mentioning 1st credit, which is the previous name for Intrum, made on numerous claims and was one of the reasons for the name change. To Hide that They lost many Statutory Demand and court claims over the non existence of a DN or proof of it's issuance by the OC (a DCA can't issue a DN) .. No copy of a default notice is fatal to to successful  litigation.   even though in this OD case one was not ever needed. (Poor particulars of claim showing copy and paste, and never expecting a claim to be defended but responded to by a wet themselves response , which you did by settling a loan which you believed was the claimed debt when it never was)    other than that you indicate you made an OOC F&F offer in 09-20  have you advanced this option since ?   dx
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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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.

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

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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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!

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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