Advice needed.

[harrassed senior]

You will need to attempt to set aside the 2 CCJ's. You can download the required forms here: http://www.insolvencyhelpline.co.uk/downloads/pdf-files/n244_form.pdf

 

Send them to the Northampton Court - reason for request for set aside would be that you never received any paperwork and they (the CCJs) have only just come to your attention.

[Bazooka Boo]

Aktiv cr@pital eh, 4 - 10 phone calls A DAY!

127Improper use of public electronic communications network E+W+S+N.I.

 

(1)A person is guilty of an offence if he—

 

(a)sends by means of a public electronic communications network a message or other matter that is grossly offensive or of an indecent, obscene or menacing character; or

 

(b)causes any such message or matter to be so sent.

 

(2)A person is guilty of an offence if, for the purpose of causing annoyance, inconvenience or needless anxiety to another, he—

 

(a)sends by means of a public electronic communications network, a message that he knows to be false,

 

(b)causes such a message to be sent; or

 

©persistently makes use of a public electronic communications network.

 

(3)A person guilty of an offence under this section shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.

 

(4)Subsections (1) and (2) do not apply to anything done in the course of providing a programme service (within the meaning of the Broadcasting Act 1990 (c. 42)).

http://www.legislation.gov.uk/ukpga/2003/21/section/127

 

1 Prohibition of harassment. E+W

 

(1)A person must not pursue a course of conduct—

 

(a)which amounts to harassment of another, and

 

(b)which he knows or ought to know amounts to harassment of the other.

 

(2)For the purposes of this section, the person whose course of conduct is in question ought to know that it amounts to harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.

 

(3)Subsection (1) does not apply to a course of conduct if the person who pursued it shows—

 

(a)that it was pursued for the purpose of preventing or detecting crime,

 

(b)that it was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment, or

 

©that in the particular circumstances the pursuit of the course of conduct was reasonable.

http://www.legislation.gov.uk/ukpga/1997/40/section/1

I would be reporting them to your local Police station for the criminal offence of harassment.

Did you send them a CCA request? If not do so, EGG agreements are notoriously bad and highly questionable pre 2007.

 

It is certainly better to hit them all head on, all of them with the exception of T-mobile, Lowell and 1st Crud, who have already failed to provide, should be sent the CCA request, enclose a £1 Postal order, send recorded delivery.

Edited September 28, 2010 by Bazooka Boo
HS picking faults with my poor grammar!:+)

[harrassed senior]

BB - T Mobile-CCA - probably a mobile phone account, CCA would not cover?

[mustard7]

The Egg default is showing as settled on my file. Although it also has a default/delinquent balance showing.

Aktiv Kapital are the ones that have obviously purchased the debt now so should I send the CCA request to Egg or to Aktiv Kapital?

 

I will file for the CCJ's to be set-aside tonight, though at first glance I have no idea how to fill the form in.

Technical jargon is not my strong point!

Also, I have no idea who the CCJ is from. Can I recieve this information over the phone from Northampton court? Or is it something that I will have to formally ask for?

[Bazooka Boo]

If it is Aktive Kr@pital chasing you for the money, then send them the CCA request, they "Should" in turn request this from their clients 'Egg'.

 

As for the CCJ's, I would hazard a guess that you should phone up the court, and they will tell you what info they require from you in order to go about having this set aside, the amounts really are pocket money to DCA's, this hass all the hallmarks of Bryan Carter, who has probably been able to get these by default for the likes of Fredrickson Intl, or similar.

 

The issue I can see here is that whoever has been awarded the CCJ's clearly has no idea where you are, as they would jave chased this almost as soon as you defaulted in the CCJ.

So either one of the above DCA's has been passed this account and is unaware that it is subject to a CCJ, OR, the owners of the CCJ debt, have for whatever reason decided not to chase you? Which defies belief.

 

IMO EGG don't do enforceable agreements so your CCA request to AK will go disputed.

Regarding Welcome Finance 'Postggi' is the man for welcome agreements, it might be wise to start a new thread headed "Welcome Finance drama" and he and others will be able to advise you correctly on those two.

 

The others, 1st Crud and Lowlifes CC's can first be attacked using the CCA request, assuming they were taken out pre 2007? As for the charges they have added, including late payment fees etc then to reclaim these you will need to Subject Access Request (SAR) the original Creditor (OC) this costs £10 and they have 40 days in which to provide ALL documents they hold which can ID you, but you should specifically ask them for the documents you are most interested in, ie. fees and charges added.

[mustard7]

Result!!!

 

I now need to change the title too "6 defaults on my account"

 

Got an email from Equifax today stating that there had been a change to my credit file. So I checked....

And yup, one of the Lowell defaults has disappeared.

Now, I did send them the S10, but that was only posted yesterday so that cant be the reason. I did email Equifax and tell them that as there was no CCA agreement and that Lowell had sent me a letter closing the account that the defaults should be removed.

I suppose, the strange thing is that Lowell had 2 defaults registered against. Both failed to produce a CCA, yet they only remove one of the defaults.

Anyway, the train is in motion... and im going all out for the rest.

Thanks everyone thats offered advice so far.

[Bazooka Boo]

Good, thats a start at least, and in the right direction, well done

[craigers]

frget the cca request, sar your original creditors and the dcas. you need as much info as possible to help your fight to get them removed.

[dx100uk]

if the ccj paperwork was not posted to you then you have a very good case to get them set aside [use our search..]

 

but if no-one has chased them then it might be better to wait for the 6yrs fall off barrier to come.

 

you will have a very hardtime and p'haps little sucess in getting defaults remove [no cca wont help either]

 

if you find evidence of DN's being sent & there were unlawful fees on the DN sum mentioned then that will invalidate them & the Default should be removed.

 

however, this might be a long raod & might they 'fall-off' themselves by then?

 

the 6yrs statute barring date starts from when you last made a financial transaction on your accounts.

 

it might be better just to wait for that if i were to be honest

 

dx

 

dx

[mustard7]

Update!

Both Lowell defaults have been completely removed.. result!

[Halibutt]

Congratulations!

[harrassed senior]

Yes, indeed, they removed mine too after receipt of that letter.

[sam614]

:whoo:well done

[Bazooka Boo]

Hence the name 'Leeds Losers!' love it when lowlifes lose...

[mustard7]

After months of harrassment, Aktiv Kapital have now gone weirdly silent!

 

I first heard from them about a year ago regarding an old Egg CC and an O2 debt. The Egg debt was around 7K and the O2 was for £80

Aktiv have placed a default on all CRA's but there is nothing on there regarding the O2 debt.

 

I have since started getting letters from other companies regarding this.. in particular Fredrickson Intl.

I sent a CCA request for the Egg default on the 9th Nov 2010 to Fred Intl.

The response I got was a letter saying that the O2 debt was not covered by the CCA laws so the debt was still payable.

They obviously are unable to read as the letter I sent was clearly for the Egg default. I have saved the letter and checked and it has the correct account number on for the Egg default and not the O2.

So I sent another one.. this time to Bryan Carter solicitors on the 9th Jan 2011.

 

Since then I have heard nothing... not a whisper!

What do I do now? If they cant produce a valid CCA how can I get the info taken off the credit reference agencies?

 

Also, the O2 debt really isnt anything to do with me.. I have an O2 phone and have had it on contract for years. I have checked with them and I owe nothing. Never have.

They have stopped writing to me about that debt, but if I do get some letters how should I tackle that one?

 

Thanks.

[harrassed senior]

Normal behaviour for them, time to start dealing with these seperately.

 

Send the 'prove it' letter to the latest DCA in the O2 saga, also, request, in writing from O2 direct what they have said above.

 

With regard the Egg, if you send a CCA Request correctly this is for the production of the original Agreement (copy of), and will not produce the default. If 12 +2 days have elapsed you could try an 'account in dispute' letter to the latest chaser.

 

You can write and request that as no debt has been proved, the information on your CRA files should be removed.

 

You say AK have put defaults on your CRA files, there should only ever be one entry for each account on these files. If Egg and or O2 have placed a default, then AK should 'take over' those files with the existing (first) default date - they should not put a seperate entry with a differing default date. Again, if this has happened you can request the individual CRA to remove the entry.

[king100]

After months of harrassment, Aktiv Kapital have now gone weirdly silent!

 

I first heard from them about a year ago regarding an old Egg CC and an O2 debt. The Egg debt was around 7K and the O2 was for £80

Aktiv have placed a default on all CRA's but there is nothing on there regarding the O2 debt.

 

I have since started getting letters from other companies regarding this.. in particular Fredrickson Intl.

I sent a CCA request for the Egg default on the 9th Nov 2010 to Fred Intl.

The response I got was a letter saying that the O2 debt was not covered by the CCA laws so the debt was still payable.

They obviously are unable to read as the letter I sent was clearly for the Egg default. I have saved the letter and checked and it has the correct account number on for the Egg default and not the O2.

So I sent another one.. this time to Bryan Carter solicitors on the 9th Jan 2011.

 

Since then I have heard nothing... not a whisper!

What do I do now? If they cant produce a valid CCA how can I get the info taken off the credit reference agencies?

 

Also, the O2 debt really isnt anything to do with me.. I have an O2 phone and have had it on contract for years. I have checked with them and I owe nothing. Never have.

They have stopped writing to me about that debt, but if I do get some letters how should I tackle that one?

 

Thanks.

 

Were you issued with the correct default from Egg, as soon as that is registered on your credit file it cannot and should not be moved. What Egg do to in your credit file is either say settled (they have sold it on) or defaulted. Whether they produce a valid CCA is irrelevant to your default, all it means is that they cannot take you to court and get a CCJ they are still entitled to put a default of your account. They can still chase you for the debt, it is upto you whether you want to pay or not, knowing that they cannot take any stronger action other than to chase you.

 

There is nothing you can do to get it changed as I have found trying to get a credit card changed it took me 2 years of constant letters and the OFT getting involved.

 

Normal behaviour for them, time to start dealing with these seperately.

 

Send the 'prove it' letter to the latest DCA in the O2 saga, also, request, in writing from O2 direct what they have said above.

 

With regard the Egg, if you send a CCA Request correctly this is for the production of the original Agreement (copy of), and will not produce the default. If 12 +2 days have elapsed you could try an 'account in dispute' letter to the latest chaser.

 

You can write and request that as no debt has been proved, the information on your CRA files should be removed.

 

You say AK have put defaults on your CRA files, there should only ever be one entry for each account on these files. If Egg and or O2 have placed a default, then AK should 'take over' those files with the existing (first) default date - they should not put a seperate entry with a differing default date. Again, if this has happened you can request the individual CRA to remove the entry.

 

Having read posts concerning this HS, just because they cannot produce a CCA doesnt mean the debt doesnt exist. Just means that they cannot enforce the debt. Without a valid CCA doesnt mean that they will wipe your CRA history.

 

If this is the case I have a pre 2006 credit card that has 1,2,3,4,5,6 (settled and closed in 2007) on it after I took them court and won my charges. This means that I can ask them to produce a valid CCa if they dont then they should admend my credit history and take the whole thing off, like nothing existed.

[merlin100]

Hi mustard,

I had hassle with Freds so I sent them a CCA Request. Their response was to send it to Carters who promptly sent a threatogram stating that if I didnt pay, court action WILL follow. So Carters got a CPR. They quickly wrote back saying they had returned the account to Freds.

[Robinson40]

Hi i have just done the prove it email, and i got a responce saying

"Thank you for your email.

We refer to your request for documentation/further information regarding your agreement with *******HSBC Bank Plc under Sections 77 to 79 of the Consumer Credit Act.

Although we purchased the right to recover the outstanding balance due under the agreement, as we are not the original creditor we do not hold the original documentation in this matter.

In order to obtain this, we did contact the original creditor, in an effort to resolve this matter.

Unfortunately, in this case, the original creditor has been unable to provide us with the information that you have requested, and as such we now inform you that we will cease all further collections activity in regards to this matter, whilst not in possession of such documents."

currently they have my file with the complaints department currently with the senior management and confirmed this formaly on Tuesday but they have as yet not responded with details of the time that it will take or whether they have to do by a certain date? So persavere. I have a CCJ/Land registry charge against my property and i didnt realise as my ex hid the debts from me. So when phonecalls came years ago asking to speak to him specifically as he was the debtor i didnt realise stupid i know. Their call log proved they stated this as well as i was sent a copy.

So currently waiting for assistance on my legal rights at the moment, financial ombudsman stated i was due compensation if they couldnt find the information as the loan goes back to 2000 but the CCj was put through in 2007?

 

[mustard7]

Hi all,

Just wondered if anyone can advise on the best route forward.

For years I have been in the 'poor credit history' category. As such credit has been difficult to come by, apart from the high interest sub prime credit cards.

I currently hold a luma card, Vanquis card, Aqua card and hsbc credit card. All with balances on close to the limit (which are low)

However, I have been paying all of them back on time (albeit minimum payments)

I decided to try to apply for a balance transfer card and was successful in getting a barclaycard with an £8000 limit! At last I can see my credit history is improving.

Obviously I will transfer the balances over, but my question is this....

Is it better to close the subprime accounts, or keep them open spending £50 a month and clearing off in full?

Within the next year or two I want to apply for a mortgage and I wondered if the sub prime cards will have a detrimental impact on my likelihood of securing a mortgage... Simply because it will indicate that I've had financial difficulty in the past.

Any comments welcome

[theoldrouge]

when considering a mortgage application,

close cards that you do not need/use

 

as the total overall credit available to you is taken into account

in relation to your income

 

so close cards you do not use

 

the card accs will be on your credit file anyway for 6 years

[mustard7]

Hi

I have credit card debts coming out my ears and although payments are all up to date with no missed payments,

the actual balances themselves are getting higher and costing me more

as I just can't make ends meet each month without them.

 

I'm worried that eventually it will just all crack and I will end up defaulting and getting into a huge spiral of worry.

 

I'm paying nearly £1000 a month in total in repayments (minimum payments), but because of the interest it barely touches the balances.

 

 

Then of course I end up using them just to pay for things like food shopping.

 

I'm considering a DMP although I'm not clear what that actually means or does.

 

Can someone advise me as to whether it is the right thing for me to do?

 

Thanks

 

What I owe

Barclaycard £9000 (9500 limit)

Hsbc £2000 (2000 limit)

Santander £4100 (4100 limit)

Vanquis £290 (2500 limit)

Tesco £550 (600 limit)

Clydesdale £500 (500 limit)

Marbles £2400 (3200 limit

Aqua £1700 (2400 limit)

Capital one £1100 (1500 limit)

[phatram]

Do you have any late fees/charges on these accounts?

[mustard7]

None.

All up to date

[dx100uk]

when were these first taken out

pre or post apr 2007?