Help!! Aktiv Claimform - HALIFAX/SAV Aqua credit card 'debt'

[jbs151283]

I've been a member for some time and though have used a lot of the advice found here (thanks) but this is my first post.

 

I need some urgent advice please.

 

I took out an Aqua Credit card back in 2006 which fell into arrears after in 2011

I unfortunately became unemployed and could not repay.

The CCA agreement has Halifax Plc as the creditor.

 

The debt was sold on and

 

 

a court Claim was issued by Aktiv last year for £1700.

 

 

The particulars of claim states that the credit agreement was with Progressive Credit Limited,

and that the account was assigned from Progressive Credit Limited to the Claimant.

It also states that I defaulted on the agreement in 2012 but does not state whether a default notice was served.

 

Following my CCA and CPR 31.14 requests,

Aktiv's solicitor, sent me the credit agreement with Halifax dated October 2006 along with credit card statements.

They stated that Halifax was using the Aqua card under licence from SAV limited,

the parent company of Progressive Credit Limited.

I have no idea what this really means.

 

I filed a defence that I never had a credit agreement made with Progressive Credit

and I have never been provided with a default notice or termination letter.

There is a hearing coming up.

 

Do have a leg to stand on with this line of defence?

Can they succeed without having to produce termination letter/default notice?

 

Any thoughts would be appreciated.

[AndyOrch]

Hi jbs

 

What date did they issue the claim.....and is the claim currently stayed?

 

Regards

 

Andy

[jbs151283]

Thanks for your quick reply. 22.8.14. no, It's listed for a hearing in a few months, I have not got the date with me just now.

[jbs151283]

It's just that they've insisted on an offer of settlement which is higher than I can afford but I need to know if I should try and find a way to raise money to settle with them if I have no prospects

[AndyOrch]

If you could read and complete ..posting your responses here to the following...as we know nothing with regards the back ground to this claim.

 

If you could also type their particulars and your defence (verbatim) .

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?170-Financial-Legal-Issues

[jbs151283]

Hi Andy

 

Not sure what to complete on the link but I've read the guides and many of the threads. Thanks.

 

POC

 

Claimant: Aktiv Kapital

Defendant [ name'

solicitor [name]

 

'The claimant claims the sum of [ ] for debt and interest. On [ ]11.2006 the defendant entered into an agreement with progressive Credit Limited for a credit card under reference......... On [ ]/09/12 the defendant defaulted on the agreement with an outstanding balance of [ ]. On [ ]/01/13 the debt of [ ] was assigned to Aktiv Kapital. Notice of Assignment was sent to the defendant in accordance with ss.136 Law of property Act 1925.

 

And the Claimant claims

1. the sum of £1398.61

2. statutory interest etc etc.'

 

My Defence

 

'Name of claimant

Name of defendant

case number

 

1. I received the claim [number] from the County Court Business Centre on [ ] August 2014.

 

2. Each and every allegation in the Claimant’s statement of case is denied unless specifically admitted in this Defence.

 

3. This claim appears to be for a Credit Card agreement regulated under the Consumer Credit Act 1974.

 

4. It is denied that the Defendant has previously entered into an agreement dated [ ] November 2006 with Progressive Credit Limited for a credit card.

 

5. The Claimant’s Statement of Case fails to give adequate information to enable me to properly assess my position with regards the claim.

 

6. The Claimant’s statement of case states that the account was assigned from Progressive Credit Limited to Claimant on [ ]/01/13. The Defendant does not recall receiving notice of this assignment.

 

7. It is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the Consumer Credit Act 1974.

 

8. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant as required by s87 Consumer Credit Act 1974.

 

9. On [ ] September 2014 I sent a request for inspection of documents mentioned in the Claimant’s statement of case under Civil Procedure Rule 31.14 to the Claimant's Solicitor. I requested the Claimant to provide copies of the Agreement, Default Notice and Notice of Assignment.

 

10. On [ ] November 2014 the Claimant's Solicitor sent me copies of the Credit Agreement and

Account Statements.

 

11. I note however that the credit agreement sent to me by the Claimant’s solicitor is in fact what appears to be a credit agreement between me and Halifax PLC dated [ ] October 2006. Also, the agreement appears to bear my signature but not the signature of Halifax PLC. This cannot therefore be the credit agreement referred to in the Claimant’s statement of case which was said to be between me and Progressive Credit Limited dated [ ] November 2006.

 

12. On the [ ] September 2014 I sent a formal request for a copy of the original agreement to Claimant pursuant to section 77/ 78 of the Consumer Credit Act 1974 along with the statutory £1 fee.

 

13. The Claimant has failed to comply with s77 (1) / s 78 (1) Consumer Credit Act 1974 and by virtue of s77 (4) / s 78 (6)] Consumer Credit Act 1974 cannot enforce the agreement

 

14. The Parties agreed to an extension to the time period allowed for filing of my defence to [ ] December 2014 under CPR 15.5 to allow the Claimants additional time to produce the relevant documentation to evidence their claim, but they have failed to do so. The credit agreement referred to in the Claimant’s statement of case has still not been provided to me despite repeated requests.

 

15. On [ ] December 2014 the Claimant’s Solicitor informed me in writing that I have been provided with “copies of the documentation which the Claimant intends to rely and therefore no further documentation will be provided.”

 

16. Under Civil Procedure Rule 16.5 (4) where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

 

17. I request the court orders the Claimant to provide necessary documentation, and in particular, the credit agreement with Progressive Credit agreement dated [ ]/11/2006, in order for me to fully plead my case else the Claim should stand struck out.

 

18. In the event that the relevant documents are received from the Claimant I will then be in a position to amend my Defence, and would ask that the Claimant bears the costs of the amendment.

 

19. It is denied that the Claimant is entitled to the relief as claimed or at all.

 

Statement of Truth

 

I believe etc etc'

 

Thanks

[AndyOrch]

Okay...and the agreement number does not relate to anything you have ever entered into?

[AndyOrch]

Aktiv's solicitor, sent me the credit agreement with Halifax dated October 2006 along with credit card statements.They stated that Halifax was using the Aqua card under licence from SAV limited,the parent company of Progressive Credit Limited.

 

If your card was issued under licence form Halifax then they have complied with your section 78 request.

[jbs151283]

The agreement number is the Aqua Card Agreement I entered into with Halifax. One of my issues is with their statement that the original creditor was Progressive Credit Ltd

[jbs151283]

Sorry, Andy, I'm a bit slow today but just to clarify, are you saying that if the card was issued by Halifax under licence from SAV, then they have complied with the s 78 request to supply the agreement referred to in the particulars of claim?

[AndyOrch]

Then their particulars are slighty adrift with regards to the OC...a matter that they could easily correct...and would be regarded by the the court as de minimis.

 

Theoretically you could ask the claim to re plead their particulars...but would be rather pointless.....as they could argue that Progressive is the parent company.

 

So in view of the above...is what they have sent enforceable ? Have they complied with all the court directions?

[jbs151283]

Ok, on that basis the CCA agreement looks fine, but they have not sent me copies of default notice or termination letter. If they don't provide these, can they still enforce? I certainly never received any.

The court directions are the standard ones for a small claim and they are not due for some time.

 

Many thanks for your help, Andy

[AndyOrch]

Default Notices are not particularly a showstopper IMHO...some Judges will ask, some wont...

 

More importantly did you ever receive a Notice of Assignment ?

 

Make sure you comply with the directions by the due date...if they dont you may have recourse to ask for sanctions to be imposed.

 

Their offer of some form of settlement is a signal that they are prepared to try to reach settlement and not proceed as trial date approaches...for whatever reason...you should bear this in mind and use it as an opportunity to negotiate...preferably by way of a Tomlin Order...in which you can ask for conditions...payment plans and costs to be avoided with no Judgment.

 

Its an option open to you rather than proceed to trial and risk judgment.

 

Regards

 

Andy

[jbs151283]

More importantly did you ever receive a Notice of Assignment ?

 

 

I never received a Notice of Assignment. It was sent to me only after my CCA and CPR requests.

 

Many thanks again for your help so far, Andy.