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    • Well, what I've read from various sources suggest if a CCJ is 6 years old that if becomes pretty much ineffective for enforcement purposes in its original form.  And that if it's about to expire then the claimant needs to apply to the court to extend the original CCJ within the final year.  Even if they do apply for an extension within the 6 years they have to have a very strong argument for doing so such as the person being out of the country or could not be traced, basically show they were actively still perusing the debt I guess. Now if a claimant ever does apply within the 6 years to extend the CCJ, would the person named on if be notified by the court that such an application has been made?.  In my case I've heard nothing from the court so assume no such application has been made.  The original CCJ in my own case is now a year beyond the 6 years of issue so must now make things even less likely again. So whilst the CCJ exists that they have not enforced it in that time must surely make it unlikely they can now take it back to court because as said it would be very rare for a judge to agree to such action now. That said, I guess they now can't use the CCJ to continue with any action for an attachment order to our mortgage either?
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backdoor CCJ Aktiv Kaptial - set aside - whats next?


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Many areas of the press and TV

– particularly the likes of Watchdog –

would be interested in this,

because there was no debt in the first place.

 

You need to put a summary of your case together,

and get evidence of similar behaviour by them,

and build a story centred on your experiences.

 

You need to clearly expose their lies and corrupt/illegal practices,

and focus especially on Beryl Brazier and the judge’s comments

 

The email it to any interested parties.

 

The press aren’t really interested in stories where a debt did exist,

sadly,

because they seem to take the view “well,

you did owe the money”

– which is wrong,

and ignores the fact that debt collectors must follow the law also.

 

They’d have you think ‘debtors’ prisons’ still exist.

 

EDIT:

 

And, of course, focus on the fact that they are still subject to OFT sanctions for similar behaviour.

 

A transcript of the hearing would be invaluable.

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The interesting thing about this angle,

and I admit I didn't focus on this before due to the fact my debt didn't exist.

 

But became aware off when I started investigating the corporate structure of AK and it's associated companies.

 

is that, this affects every single person in this country.

 

The billions of £'s that have been wrote off during this financial hasn't disappeared down a black hole never to be seen again,

it has been passed onto debt collectors who ultimately collect this money.

 

However this money isn't returned to the banks or the taxpayer that has bailed them out,

it all ends up off shore without a penny finding it's way back to the British public either directly or indirectly.

 

In fact the tax payer get's ripped off 4 times in this [problem],

the bailout for the bank,

the tax relief the bank gets for it losses,

and then not only do the debt collectors not pay tax in this country,

they even claim tax reliefs for their allegedly posted losses.

 

although the typical daily mail crowd will cheer on the DCA's,

these people don't realise that due the tax avoidance processes of the banks and DCA's that ultimately it is them who are paying these unpaid debts back.

 

It's a sad fact that but a fact that we live in a country where most members of the public are either too thick,

don't care or just to thick to care.

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I wonder whether you can bring a separate case for the harassment, as I don't think from what you said that the Judge wanted to look at this as part of the process they were looking at.

We could do with some help from you.

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  • 6 years later...

I can't believe I have had to return to this forum after 7 years, but Aktiv Kapital have started Harassing me again!

My previous thread is here...
 

But in short, about 2002 Aktiv Kapital started harassing with me some debts from Barclays.

In 2012, they sneekily took out court action at a address I didn't live at, got a ccj by default which cost me my job and caused a house purchase to fall through. They then took enforcement action at my correct address.

This was easily set aside and they discontinued the action, then in 2013 they initiated the court action again. I counterclaimed, they discontinued and I followed through with the counterclaim.

 

I won the counterclaim, was awarded compensation and the Judge told Aktiv Kapital to never to contact me again.

This morning, I received a new letter from Aktiv Kapital demanding money from the same debts :(

 

This makes this 18 years of harassment by Aktiv and as mentioned has had considerable damage to my life.

 

What legal remedies do I have here ?

 

p.s. if it makes a difference I have incontrovertible proof via a DSAR from Barclays bank that the debts being pursued by Aktiv do not belong me to me and in fact I still have some Barclays accounts!!!

 

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Topics merged and moved to Financial Legal Issues Forum.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Quote

I won the counterclaim, was awarded compensation and the Judge told Aktiv Kapital to never to contact me again.

 

unless the above is in writing somewhere then thats a no go.

 

why not simply send them our SB letter?

 

dx


 

 

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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Send them a LBA demanding £500 for the breach of the GDPR and £250 for harassment and contempt of court.

Quote the court case, (ie AKTIV v Smiffy) court and date if you don't have the case reference.

 

also send a SAR.

 

Let them know that if they dont pay up you are minded to become a serial litigant for all of the other wrongs they are doing or you find as a result of the SAR so would be wise to delete everything they have on you

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Yeah I will need to dig out all of the original paperwork, it was said in court but can't remember if it was on the judges order.

Yep I should send the SB letter, but this has gone on way to long, likewise I remember with my counterclaim some people told me not to bother and let it rest.

However the impact it has on me and the fact that it never goes away, means I am willing to pursue any legal remedy possible to the bitter end with Aktiv.

 

Do you where I can read up on AKTIV v Smiffy ?

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:bounce:i think eric meant your case number....i'e you are smitty...

 

dx

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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Aktiv Kapital are now part of the PRA group....it could be the merge is unaware of the previous litigation

 

For info only 

https://moneynerd.co.uk/aktiv-kapital-debt-collectors/

 

https://pragroup.co.uk

 

Andy

 

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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  • dx100uk changed the title to backdoor CCJ Aktiv Kaptial - set aside - whats next?
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