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Aktiv kapital county court claim threat - old Mbna cc

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Hi guy's,

 

Firstly, what a fantastic forum! It's great to see people helping others through bad times.

 

I have a question regarding a cca request I sent to Aktiv Kapital in relation to a defaulted credit card debt they purchased from mbna.

 

 

They have eventually sent me a signed agreement but they did not supply it in the necessary time scales (took 12 weeks!),

and there is no credit limit stated on the agreement.

 

 

Is this debt still enforceable?

 

 

I read somewhere that if they failed to supply a cca within 12+2 days + 30 days (something like that!) that a debt is unenforceable.

 

Im not trying to avoid debt. I tried every way possible to sort something out with mbna and Aktiv Kapital but I've just been bullied.

 

Any help would be greatly appreciated.

 

 

Thanks in Advance

 

 

John

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the 30days went out the window years ago.

 

 

scan up the CCA return please

 

 

are you saying you have a claimform?

 

 

dx


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Hi Dx, thanks for the reply. Really appreciate it.

 

I have attached the cca to this post.

 

I received a letter today from AK stating I will receive a county court claim in the next couple of days.

 

I tried avoiding all this by supplying MBNA with my income/expenditure and offering a monthly payment I could afford

but they just kept demanding more.

 

The debt of £1700, which was for a credit card with MBNA,

was then sold to AK who have kindly added interest of £180.

 

Do you think this agreement is enforceable?

 

Thanks again for the help.

 

 

John

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AK cant add anything to the debt so that is something to complain about.

 

 

Also they say they are going to do this, not that they have.

 

It was unenforceable whilst they hadnt complied with the cca request

but now they can if they so wish but it wouldnt be wise for them to do so having added unlawful charges.

 

 

If you want to pay them by instalments you need to set up a standing order for an amount you can afford (dont agree to DD).

 

You should have had a letter of assignment when MBMA sold the debt on.

 

 

If you dont have that then demand a copy of it from both parties only needs to give you a copy.

 

 

If you have never had the letter of assignment then you go back to MBNA and offer them payment as the debt is still theirs.

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Thanks for the info ericsbrother.

 

 

I was informed by AK that if they were to claim in court they would add £180 in interest to the claim

which would cover the period from when they bought the debt to when they issue a claim. Is that allowed?

 

 

I did receive the notice of assignment from AK when they sent the signed agreement.

 

 

Forgot to add that the correspondence I've had with AK has been via Judge & Priestly solicitors.

 

 

Do you guy's think the Signed agreement from Mbna is enforceable?

 

Thanks again ericsbrother. Appreciate the help.

 

 

John

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where are the numerous T&C sheets?

 

how old is this card

 

when did you last pay anything?

 

is it on your credit file?

 

can we see all these letters

 

sounds like you've been playing letter tennis un-necessarily.

 

 

they can add interest [section 69 if they file

and sols/court costs.


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Hi dx100uk,

 

 

Sorry for the delay but I've had no internet access for the last couple of days.

 

 

AK sent me a few pages of T&C'S which they claim I received when I applied for the MBNA card.

 

 

I don't recall them to be honest.

 

 

I have attached the first page of the T&C'S AK sent me below.

It seems the interest rates & fees don't match what is on the cca I signed.

 

 

Also they have my new address on the T&C'S but when I took out the card I was at a different address.

 

 

I don't know what's up there!

 

 

I also requested a full statement of account from AK but they only sent me two months worth of statements

with nothing really on them apart from a balance, minimum payment, and default charges.

 

 

Should they supply me with more?

 

 

I have attached the 3 pages of one months statement the sent me.

 

 

The other statement is more or less the same so I haven't attached it.

 

 

I have also attached what AK say is a notice of assignment.

 

I haven't paid anything on the account since 2012 and that was to MBNA.

I have now received the county court claim documents from AK.

 

Any help will be greatly appreciated.

 

 

Thanks for all the help so far. Fantastic forum.

 

 

John

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can we clairify you have received the Claimform now?

 

 

dx


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Hi dx100uk. Yes I received it yesterday. They are also claiming an added £180 for interest.

 

 

Thanks

 

 

John

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Thread moved to Financial Legal Issues

 

If you could read the following and post your responses here...

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

Regards

 

Andy


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Hi Guys, here are the responses to the questions on the claim form advice page.

 

 

Name of claimant - Aktiv Kapital Portfolio AS

 

issue Date of claim 5/01/2015

 

Claim is for a defaulted credit card debt purchased by above company

 

 

Particulars of claim

 

 

- The claimant claims the sum of 1,865.43 for debt & interest.

On 14/08/2010 the defendant entered into an agreement with mbna for a credit card under reference ********

On 30/03/2013 the defendant defaulted on the agreement with an outstanding balance of 1,710.24.

On 29/05/2013 the debt of 1,710.24 was assigned to Aktiv Kapital Portfolio.

Notice of assignment was sent to the defendant in accordance with s136 law of property act 1925.

 

And the claimant claims

1. The sum of 1.710.24

2. Statutory interest pursuant to section 69 of the county courts act 1984

at a rate of 8.00% per annum from 29/5/13 to 15/12/2014 190.19,

& thereafter at a dail rate of 0.37 until judgement or sooner payment.

 

 

Value of claim £2050.43 (They have added solicitors costs, court fee, and interest to original debt of £1,710.24

 

 

Agreement signed in 2010

 

I received default notice from original creditor & notice of assignment from AK.

 

 

I tried offering payments I could afford to original creditor but they just kept refusing.

 

 

No negotiation with AK and last payment was made to MBNA in 2012.

 

 

I have sent and received a cca request to AK.

 

 

I requested a signed cca, notice of assignment, full statement of account.

I have posted the documents I received in the posts above.

 

 

The terms and conditions I was sent don't match what is on my signed cca.

The interest rates and fees are different,

and my current address is on them when I was living at a previous address when I took out the card and I only moved recently.

 

 

These can't be the original term's and conditions so does that help in any way?

 

 

Also I was only sent 2 months of statements with no transactions,

 

 

is this a legitimate statement of account?

 

 

I know I keep saying this but I am ever grateful for people giving up their time to help.

 

 

Many thanks

 

 

John

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They have provided a reconstituted copy of the agreement...which they are entitled to do as the debt is post 2007 and will suffice for enforcement purposes.......It should contain the correct address though at the time of inception.Are there any other disputes with the debt?


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Thanks Andy. They have the address at the time of inception on the actual signed cca, but my current address on the T&C'S I was recently sent so I don't know what the situation with that is. Would the T&C'S be void as they don't relate to any agreement I signed? I have no other dispute about the debt but I tried to sort this out with MBNA and they just weren't being reasonable at all and the goons at AK were using bullying tactics.

 

 

Many thanks, Andy,

 

 

John

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Defending a claim on the basis of faulty T&Cs can be risky...subject to the court and judge that gets to preside over this.They have disclosed all relative documents so that will make this very difficult to defend.

 

However defend you must because this will allow time to mediate and possibly agree a settlement....have you been receiving annual Notice of Sums in Arrears since the default from either MBNA or AK?


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Thanks Andy. I have not received an annual notice of sums from Either MBNA or AK.

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If you look at your first statement upload it contains the Notice of Sums in Arrears....where is the agreement?


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I just read it and I see the "This is also your notice of default sums" section. Do you mean the signed cca? If so I attached it above (3rd post down).

 

 

Thanks Andy,

 

 

John

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