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Aktiv Kapital First Investments Claimform

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I am so mad!

 

Sent off a CCA request, delivered 10 days ago to a DCA who said we had a debt with Aktiv Kapital First Investments for £306. Never heard of them. Recorded delivery signed for, and we have heard nothing from the DCA. Never heard from them before either, this was the only correspondance on this mystery debt.

 

What pops onto the mat this morning....a CCJ form for this very debt. Now I assume I acknowledge it and click the 'defend all of this claim' box, wait a few more days until the 12 days are up and take it from there? In actual fact, how DO you defend a claim (never had to do this before!)

 

Thanks.


Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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I am so mad!

 

Sent off a CCA request, delivered 10 days ago to a DCA who said we had a debt with Aktiv Kapital First Investments for £306. Never heard of them. Recorded delivery signed for, and we have heard nothing from the DCA. Never heard from them before either, this was the only correspondance on this mystery debt.

 

What pops onto the mat this morning....a CCJ form for this very debt. Now I assume I acknowledge it and click the 'defend all of this claim' box, wait a few more days until the 12 days are up and take it from there? In actual fact, how DO you defend a claim (never had to do this before!)

 

Thanks.

 

if they have no true copy you have the perfect defence!

 

more info for you >>

 

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=20_replying_to_a_county_court_claim_form

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If you are defending a claim all you have to do is say "I have not been provided with a signed agreement under the consumer credit act, I have not been provided with a statement of account, and I have not been provided with a true copy of the deed of assignment, despite my properly formatted and paid for request of ."

 

So - if after 12 days they have not provided this documentation despite your CCA letter and £1 postal order, then they are in default and the court will dismiss their claim - in fact the claim will make holes in things as it gets thrown at the wall.

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Big Thanks to both of you. 12 calendar days is up on Sunday from when they received it so I'll wait until Monday morning and do it then, assuming I don't hear anything. Doubt I will as I have never heard of this company.

 

Thanks again :)

 

(oh yes, I did enclose the postal order, just in case you thought I migt not have!)


Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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It is worth noting that Debt Collection Agencies use the County Court system as a way of justifying their claim - and also a means to open a few other avenues for a successful collection.

 

However, it would be extremely unusual that they will actually attend court, as 99.9% of the time the defendant never shows. This means that the judge will just accept their claim as valid, since there is nobody to dispute it.

 

If you lodge a valid defence, and attend court, you have improved your chances of getting the claim kicked out by a hundred-fold.

 

Even in cases where you have no option but to accept you owe the debt - if you are the only party to show the judge will very often agree to an extremely low monthly payment. We are currently paying back a £2900 debt at £5 per month!!

 

I appreciate that in your case you will have a solid defence anyway, assuming that the agreement does not turn up - but felt that this point needed to be made.


Alan, Derby, UK.

 

 

 

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Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.

 

DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.

 

Advice given is purely my opinion, and is not based on any legal training.

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So I would probably have to go to court then? Wow! No worries there as long as they transfer it to one near me. Will let you know if it turns up :rolleyes:


Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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