Aktiv Kapital/IND CCJ /AEO - old MBNA Card Debt - Help

[LuckY-13]

Good afternoon All,

I have joined the site as I am really needing some help on building my credit and may post a few as I have ignored many things in past but building for a better future now.

 

with this in mind I have sourced as much information as possible on an AOE for a company called IND LTD.

I have emailed contact in confirming the debt and to who it it was against.

 

I believe this was an old MBNA account sold to Aktiv Kapital then to IND LTD.

I will update as soon as I have all the details.

 

I have pulled off the report and it shows Aktiv Kapital.

I have no proof of the account information when I was summoned to court to show my outgoings and earnings back in 2015.

I asked for up to date records thinking the courts would help

 

the next thing I knew was the order against my wages for £70.00 per month.

I have since paid £4'4100.00 of a so called debt of £8162.33.

 

Could anyone advise of what I need to ask when I call IND LTD as it seems reading across the internet Aktiv Kapital were very aggressive and forced payments upon people.

 

I have seen no prrof of debt even at court and I agree to having owned an MBNA account many years ago but not to this amount of debt.

 

Any help will be a great help,

LuckY-13

 

 

 

[AndyOrch]

Hi and welcome to the forum.

 

I have moved your topic to the Financial legal Issues forum in view of the AOE Order...please continue to post here to your topic.

 

Andy

[LuckY-13]

Hi Andyorch,

Thank you for the welcome, Very much appreciated I did try to choose from the drop down box but only a few boxes were highlighted.

Thanks for the help

Lee

 

[dx100uk]

do you know when the CCJ was attained?

and when you took the card out?

 

was this a default backdoor CCJ at an old address you knew nothing about?

 

can you expand upon the timeline of your story please

 

dx

 

[LuckY-13]

Good afternoon dx,

 

The CCJ is not showing anywhere and I am trying to find this information as this is not listed on my credit report.

The card I am thinking this was a very long time ago maybe from 17 years ago!?

 

I wasn't aware of the debt until summoned from the courts at the address I was residing at this would not have been the account address, 

I do remember an MBNA account but I do not remember running up any debts to this amount as my credit limit would not have been so high. I am waiting back on IND to advise dates and confirm the Aktiv Kapital is the debt.

 

Sorry its a long time ago and have buried my head for some time,

 

I have just checked and the email from the courts advise "

 

The case is still live (although due to its age, The judgment should no longer appear on your credit file), And has been receiving payments consistently since may 2015.

 

The case is being administered by County Court at ********** and the Payee is IND LTD.

I have the contact number so I can obtain more information,

 

This is all they advise from the Courts and to contact them if I need to get in touch.

 

Thanks

LuckY-13

[dx100uk]

so the AEO was in 2015, so the CCJ can't be much older than this.

 

email that court and ask for a copy of the original Claimform and the CCJ itself

 

i will guess you moved at some point in time after taking the card out and didn't inform your creditors

hence ind for their client AK knew they could file everything to an old address  and get away with it?

 

 

 

[LuckY-13]

Yes 2015 May was my first payment and agreed the debt is somewhere before this,

 

The Court were very helpful in given me all the information and a statement of the account yet Aktiv  never responded to me with any details when requested these.

 

I will email the court and ask for the above- yes I have moved around a few times since that account had been taken out. So the thinking is they could simply push on when they knew I was not responding ?

 

Will let you know what the courts say as they were pretty quick last time I tried to resolve this issue

 

Thanks again

 

[London1971]

Although, the CCJ having dropped off the register will not be affecting your credit score at all.

[brassnecked]

It can't hurt your Credit Score now, but you need to find out all the details as in was likely chock full of unlawful fees to bump the value up.

[LuckY-13]

HI Brassnecked,

 

Thanks and I think my credit is not affected either, Would i be able to reverse any excess unlawful charges if i cab obtain all the details from courts as I did email them yesterday for the full history as advised by dx100uk.

 

I have paid well over half of this so called debt over the last 5 years and with taking a pay cut to help the business I work for its a bit tight at the moment.

 

LuckY-13

[dx100uk]

not via the courts..via mbna

sar mbna get all the statements.

 

 

[LuckY-13]

So once I have all the information I can contact MBNA ? and then try to go from there ?

Thanks DX

[AndyOrch]

You state you have taken a pay cut.......check the AOE Protected earnings here :-

 

https://www.gov.uk/debt-deductions-from-employee-pay/deductions-for-nonpriority-order

 

 

The amount taken by an attachment of earnings is set by the court. They will set a protected minimum amount of income which you must get each month. This is called the protected earnings rate. The attachment will only be taken from earnings above this amount.

Your creditor won’t be able to get an attachment of earnings order if your take home pay is always below the protected earnings rate.

You must inform the creditor straight away if you stop working or change jobs or your income changes.

 

Inform them of a change of circumstances if your income level has dropped...and reduce the AOE.

 

Andy

 

 

[dx100uk]

1 hour ago, LuckY-13 said:

So once I have all the information I can contact MBNA ? and then try to go from there ?

Thanks DX

 

send an sar now.

the more info you gather the better picture we will have

 

dx

 

[LuckY-13]

DX,

 

Who would I send the SAR too? MBNA ?

 

[dx100uk]

2 hours ago, dx100uk said:

not via the courts..via mbna

sar mbna get all the statements.

 

 

 

[LuckY-13]

Will work on this now and try send over to them for tonight, Thank you for all the help

[LuckY-13]

Good morning All,

 

Today I have received the email from the Courts in respect the account held with MBNA confirmed. The information reads as :

 

Claimant Claims: Credit Card Account Number ********************* Balance of £6'850.61 as of 31/01/2010. Interest under s69 of the County Court Act 1984 at the rate of 8% a year from the default date(s) to 21/2011 of £804.81 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of 1.50 and costs.

 

The maths now show as

Amount Claimed £7655.42

Court Fee £190.00

Solicitors Costs £100.00

total £7'945.42

Date of issue 21-July-2011

 

Underneath it then shows

To the Defendant

you have not replied to to the claim form ( I went to the courts to discuss my income )

It is therefore ordered you must pay the claimant £7'692.33 for the debt ( and interest to date of judgment) and £320.00 for costs.

You must pay the claimant the total of £8'012.33 forthwith.

 

I now have the account number for this account and I have written to MBNA which was delivered and proof of delivery obtained with signature.

Would it best be to contact them again as I have no statements in regards to the full account statements and proof of the final account balances as I am 100% sure this was far too high a balance.

 

Thanks everyone

LuckY-13

 

 

 

 

 

 

[LuckY-13]

The claimant was Aktiv Kapital Portfolio as, ZUG BRA if this helps

[AndyOrch]

The judgment is almost 10 years old LuckY....Im not really sure what you are trying to achieve here as any attempt to mitigate with the original creditors will also be over 10 years...and now statue barred....I would concentrate on the AOE and try to reduce it or check they are stopping the correct amount.....the rest is history.

 

Andy

[LuckY-13]

Hi Andy,

 

Who would I approach for the AOE Would this be the courts or MBNA / Aktiv Kapital I had no idea this was so long ago in all honesty

[AndyOrch]

The court that issued the AOE.

 

You can apply to the court to change the order if you think too much money is being taken out of your wages. You’ll have to pay to change to the order. Check to see if you can get help on GOV.UK.

You’ll need to complete a form called ‘N244’ and explain why you can’t afford the payments. You can find form N244 on GOV.UK.

You’ll have to go to court for a hearing and a judge will decide if they can change the order.

[AndyOrch]

Check the deductions are correct first by using the link I posted earlier...if there not you will have to make application as above.....with fee.

[AndyOrch]

If you have a good relationship with your employer...they may be able to sort it for saving you further expense....but you must check the protected income guide first to see if they are over deducting....before venturing with either of the above.

[LuckY-13]

Hi Andy,

 

Thanks for this, my wages have increased since the AOE so with this in mind I cannot see any change now even with the wage cut this morning we have learnt we will be back on full pay from next month. I guess this has taught me not to ignore as I think the figures will show not over deducting.

just a bitter pill to swallow as I do not remember the debts being so big.