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    • Hello I am a resident of a communal block of flats owned by a Housing Association and since Tuesday 14th May 2024 Matthews and Tannert had put up scaffolding for a job on the roof last week, which was up for the best part of nine days. They had removed the scaffolding on Thursday 23rd May 2024 but my Sky box is still not working because of the satellite dish outside, and I was wondering whether the scaffolders had touched the dish while it was there and as a result had probably knocked the dish and probably made the dish go out of signal or whatever. I needed someone to check this out as well as to see my Sky box to see what could be the problem, and hopefully sort this out. I have had my Sky Digibox for many years and I have got recordings saved on them that I have had a long time - it would break my heart if I had lost them forever.       I contacted Sky but I almost made the mistake of accepting an offer where I would have to pay £31.50 and wait a whole month without television in my front room for it. I am in debt at the moment and I don't want all this on top of everything else - thankfully I have since cancelled it two weeks later when I told the person on the phone that it is the dish which is at fault as well as the fact that I live in a communal Housing Association property, and so that is one of very few weights off my mind. I emailed the Housing Association's Repairs department and they said that they will contact an electrical company to come out and see to the dish outside. I received a telephone call on Friday 24th May from the man to say that he will arrive on Wednesday 29th May 2024 to do the job. He arrived at around 9.40 am on Wednesday as promised; he went into my flat and had a look at the Sky box and saw the blue screen on my front room TV set, indicating no signal. He also looked outside as to where the dish was.  The main problem was that the ladders that he had with him were not enough to reach the dish outside as the dish was towards the top of the building - obviously the Health and Safety aspect of the job didn't allow him to do this. He then mentioned that whether he could do the job as a result of getting onto the roof and doing it like that as the dish is closer to the top. He said that he needed the key to enter the loft part of the building in order to reach this, and he needed to contact the Housing Officer at the Housing Association who had key to this, but lo and behold, he came on the Wednesday to do the job, and guess what? Wednesday was the Housing Officer's day off and so therefore he was unable to contact him for the key so that he could do the job! I just couldn't believe it myself. I am personally annoyed because this has not been sorted, and the man who came to do this is also annoyed because he came all the way to Nottingham from Peterborough, and he said to me that he won't get paid if he cannot do the job, so you see, we are both angry about this for different reasons. We are both in the same boat with regards to frustration, and we both want to see a conclusion to this, once and for all. Sometimes I wish that I didn't live in a flat which is in a communal building and I am thinking of getting a transfer to a one bedroom flat that isn't in that sort of place. I pay around £85 a month in a Direct Debit to Sky to receive their TV services which I cannot use at the moment, and I don't have much money in my bank account as it is due to one thing and another. I also pay nearly £14 a month to TV Licensing so that I can legally watch TV in my front room. I pay for Sky hence the fact that I want the Sky service in my front room and not Freeview. Also, as the General Election is coming up in five weeks' time, I want the satellite TV to be working properly so that I can catch up with what is on the news channels, and I feel rather "cut off" from that at the moment, and I want it working in time for Thursday 4th July 2024 for ovbious reasons . I have Freeview in my bedroom, but that is not the point  - I don't want to be limited to my bedroom every time I want to watch TV. I have tried putting the Freeview in te front room but it doesn't seem compatable for the same uses that I usually have Sky for.  Sunday 9th June 2024 is Day 27 of the satellite TV not working in my flat, and I feel that something needs to be done about this. You can take this message as a complaint if you like, but nevertheless, I want this message to be acknowledged and also something to be done about what has happened. I have enough on my plate with regards to health problems and depression without things like this making things worse. I would appreciate it if something was done.  I don't like naming and shaming but it is Matthews and Tannert's fault that I am in this situation in the first place, and sometimes I wish that I could sue them. In a nutshell, I have had more than enough after being without TV in the my front room for nearly four weeks. Also, at a time like this, I am missing so much of interest on TV what with the General Election comning up in just a few weeks.
    • There's no facility for a settlement "out of court" as such. But matters that are started under the "Single Justice" (SJ) Procedure can often be concluded without the defendant appearing. The SJ procedure, as the name suggests, involves a single magistrate, sitting in an office with a legal advisor, dealing with matters "on papers" only. Nobody else can attend. The SJ deals with straightforward guilty pleas. Anything where the SJ believes the defendant should appear, or which should be dealt with by the "ordinary" court are adjourned o a hearing in the normal magistrates'  court .As well as this, all defendants have the right to a hearing in the normal court if they wish. Nobody is forced to have their case heard under he SJP.  In particular, as far as traffic matters go, a SJ will not disqualify a driver and if a ban is to be considered, the case will be passed over to the normal court. Because, following your SD, you will be pleading Not Guilty (and offering the "deal"), your case would usually be heard in the normal court, meaning a personal appearance. To be honest, performing your SD at the court is a more straightforward way of doing things. It avoids any possible hitches involved in serving he SD on the court. But of course, as I said, most courts have backlogs which mean an SD may not be quickly accommodated. If you do end up doing your SD before a solicitor, check with them the protocol for serving it on the court. Do let us know what the solicitor says about Wednesday.    
    • Welcome to posting on CAG cabot, people will be along soon to help you try to sort this out. Please complete this:  
    • Quotes of the day penny mordaunt came out swinging with her broadsword, and promptly decapitated sunak while Nigel Farage, representing Reform UK, made contentious claims about immigration policies, which were swiftly fact-checked during the debate.   Good question though raised at labour about the 2 child benefit cap, which I broadly agree with, but the tory 'trap' assumes tory thinking - rather than child centric thinking. There should be no incentives to have kids as a financial way of life paid for by everyone else ... ... BUT the kids should not be made to suffer for the decisions of their parents Free school meals would feed the kids, improve their ability to learn, and incentivise them to go to school. As an added benefit ... it would invest in our nations future.   How far this should go is a matter for costing, social intent and future path of the nation, but not feeding our nations kids is an abomination. There should be at least one free school meal per day for every child who attends school. Full Stop. Its the cheapest and most effective investment in our future we could make.
    • Hey people, I've been browsing this amazing forum for the past year and recieved a letter today which has made me require some help. Received a claim form from Cabot in the Civil National Business Centre in regards to an Aqua Credit Card taken out in 2018. I failed to make payments due to financial hardship and have not taken out any credit or uses any forms of credit since. Received a lot of letters from Cabot and their solicitors Mortimer Clarke which I've ignored    By an agreement between New Day Ltd RE Aqua& the Defendant on or around 26/03/2018 ('ths Agreement) New Day Ltd RE Aqua agreed to issue Defendant with a credit card. The Defendant failed to make the minimum payments due. The Agreement was terminated following the service of a default notice. The Agreement was assigned to the named Claimant. Cabot Credit Management Group Limited, acting as servicing agent of the named Claimant through its Appointed Representative (Cabot Financial (Europe) Limited), has arranged for these proceedings to be issued in the name of the Claimant. The named Claimant may be entitled to claim interest under the Agreement but does not seek such interest and instead claims interest under Section 69(1) of the County Courts Act 1984 at 8% p.a.from03/03/2023 until date of issue only, or alternatively such interest as the Court thinks fit THE NAMED CLAIMANT THEREFORE CLAIMS 1. 3800.82 2. INTEREST OF 379.84 3. Costs How would I go about this and what could happen? I don't remember much details about the card either.
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alanfromderby GE Money - DSAR (Failed to comply)


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Off we go then! Currently paying an old Debenhams chargecard debt via Aktiv Kapital. The original account was closed around 1999, and has obviously been sold on.

 

Sending the DPA request to GE Money (was GE Capital Bank) tomorrow for info on the Debenhams card, also for info on a Burtons and Evans card as well - although the latter two have been paid now. Have also sent a letter to Aktiv Kapital (below), to request the info they hold under the CCA 1974, and informing them that the debt is now "in dispute".

 

This should be an interesting journey as it pushes the statute barring question. I am very interested in establishing that a debt cannot be statute barred for one party - yet still active for the other.

 

This is the AK letter:

 

 

Dear Sirs,

Account Number: xxxx xxxx xxxx xxxx

Aktiv Kapital Ref: xxxx.xxxxxx

Please be aware that I no longer acknowledge this debt to your company, and therefore require you to supply the following documentation before I will correspond further.

 

Firstly, you must supply me with a true copy of the agreement you refer to in this matter. This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974 - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee.

 

I also require that you supply a signed true copy of the deed of assignment of the above referenced agreement.

 

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, under section 189 of the CCA 1974.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested. I am now initiating investigations with GE Capital Bank into the validity of the original amount that was claimed to be owed, and will be in contact with you again in due course. In the meantime please be aware that I consider this matter to be “in dispute”.

Yours faithfully

 

 

 

 

 

 

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Good on you Alan - can't wait for your update - will be following this closely!! :)

25/06/08 - NatWest - Prelim letter

09/03/06 - Halifax - Settled 27/4

22/03/06 - Capital One - Settled 24/6

17/04/06 - Nationwide - Settled 8/9

 

 

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Alan, if you haven't yet, look at my Debenhams thread, and keep an eye on what they do with your £10.00.... It would seem they used mine to re-open my account and give me £2300 to spend... The opposite of banks who close you down, it would seem :p .

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Alan, if you haven't yet, look at my Debenhams thread, and keep an eye on what they do with your £10.00.... It would seem they used mine to re-open my account and give me £2300 to spend... The opposite of banks who close you down, it would seem :p .

 

 

I only ever go in there to do Christmas shopping - if they do re-open the account, at least I could get Christmas bottomed early this year. LOL

 

 

 

 

 

 

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I'll be very interested to see how this goes. The only blip on my credit info is a default notice from Aktiv Capital for an account in disupte. Three years ago Aktiv Capital were asked to investigate because I made regular monthly payments which were not allocated to the account. We have heard nothing from them other than a couple of "we'll get back to you soon" responses.

 

The original debt was something like £400, which has since been increased to over £600, although they have made no attempt to contact us in that time. I have no idea how much of the original debt was down to charges.

 

 

Hope it goes well Alan

... a little

Mahala is a powerful thing ...

 

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All advice is offered informally. If in any doubt, seek professional advice.

Barclays:claiming £908. Defence filed

Simply Be: settled in full

Abbey: Claim issued for DPA compliance order

GE Capital: Claim issued for DPA compliance order

Aktiv Kapital: Failed to comply with CCA disclosure. Debt unenforceable.

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  • 2 weeks later...

Rec'd letter from Aktiv Kapital this morning with the original credit agreement. All seems to be in order at their end - just a case of waiting to see what comes through from GE.

 

 

 

 

 

 

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  • 3 weeks later...

Decided it is time to turn the heat up on this one. The balance owing through Aktic Kapital is just under £600 for the Debenhams Card, but I am certain that over the three GE card accounts (Debenhams, Burtons, Evans), that the charges will have come at least to that amount.

 

The following letter is therefore going off to Aktiv later this afternoon:

 

 

Further to your letter of 5th May 2006, and the enclosed documents which were requested under the Consumer Credit Act 1974.

 

Please take this as formal notification that this debt is now the subject of legal action with GE Capital Bank Ltd, and therefore cannot be enforced by you, or any other Debt Collection Agency.

 

I would therefore suggest that any further correspondence be directed to GE Capital Bank.

 

Should you attempt any enforcement action the matter will be reported to Trading Standards, and any legal action will be vigorously defended.

 

 

With a bit of luck that will galvenise them into starting a foolish claim against me - or, if they have got any sense, they will realise that the game is up. :)

 

 

 

 

 

 

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Aktiv Kapital are not very happy bunnies!

 

Had a great letter from them this morning saying that they want full details of the dispute I have over the amount owing. This was in response to the letter above.

 

Very interestingly the state that they are "unable to forward any correspondence to....GE Capital Bank Ltd". They seem to have misunderstood what I said, but if they are saying that they have no dialogue with GE over this debt, then that makes thing very interesting.

 

Now, I do have one question which I would be interested in having some feedback on.

 

In September 2001, the debt was sold to Aktive Kapital. A year prior to that, GE obtained a CCJ.

 

Is it legally possible for a DCA to enforce a CCJ obtained by the original creditor, or am I correct in thinking that the company who originally obtained the CCJ would have to action any further enforcement?

 

If I am correct in that thought, and Aktiv do not have any channels of communication with GE, that would be game over!

  • Confused 1

 

 

 

 

 

 

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Alan, you have probably read Mahala v Activ Kapital and Seminole's cautionary post.

 

I will be following your thread closely as I too suspect Activ of hanky-panky.

 

When I received my credit reports from Experian/Equifax I discovered that I appear to have been defaulted TWICE for the same debt!! LTSB and Aktiv registered a default on the same day, but Aktiv's amount was nearly double that of LTSB!!

 

Needless to say Aktiv will shortly be receiving the appropriate letter and I will start my own thread.

 

Onwards and upwards

 

Elsinore

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Is it legally possible for a DCA to enforce a CCJ obtained by the original creditor, or am I correct in thinking that the company who originally obtained the CCJ would have to action any further enforcement?

 

If I am correct in that thought, and Aktiv do not have any channels of communication with GE, that would be game over!

 

The logic is that only the original claimant can enforce judgement. I can't see that it is possible to 'assign' a CCJ, but someone will tell us if we're wrong.

 

As to channels of communiction, I'll let you know!!

 

Elsinore

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Thanks for the information, and best of luck with your claim.

 

In many respects, I would welcome an attempt by AK to try and enforce this debt. I very much doubt that GE are going to come up with the goods, and legal action by AK may just allow me to unlock that evidence.

 

I really would prefer not to take action myself, as I cannot see that I will get anything out of it...apart from a major reduction in the debt. For the moment I am quite happy to allow a stalemate to develop.

 

 

 

 

 

 

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Alan, I've just caught up with your thread, sorry. According to GE replies to SARs, they only hold info for the last 5 years. If I follow your previous post rightly, this could pose a serious problem to AK, as they will not be able to document anything if they don't already have the info.

 

(And if they do get the info, all the other GE posters who have been fobbed off with the 5 yrs excuse are going to have a BALL!!! Now that's what I call a win/win situation!!!)

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No response from GE this morning, so they have now defaulted on my DSAR. This case is slightly more complex than my HFC cases, as the Debt Collection Agency was able to provide the requested CCA information - including the signed agreement.

 

However, I wish to challenge the legality of the original debt - and without the information from GE, I am unable to do so.

 

GE did obtain a CCJ for this debt - but then sold the debt on the Aktiv Kapital about a year later.

 

I am not 100% sure of the situation with the CCJ, as to whether a Debt Collection Agency are able to seek enforcement of a CCJ that was obtained by the original creditor.

 

However, if they decide to try, then I will seek a set-aside on the basis that I wish to challenge the original debt due to new information about the legality of charges applied to the account - and the failure of HFC to respond to my DSAR.

 

For £589.11, my guess is that they can do without the hassle - and legal costs. So, I think this one can be ticked off as well.

 

 

 

 

 

 

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  • 1 year later...

GE never provided the requested information, and had they tried to force the issue I would have had a valid claim against them for unlawful charges which would have more than wiped out the amount "owed". After an exchange of letters last year where I made my position very clear the matter seems to now be closed.

 

 

 

 

 

 

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  • 10 years later...

This topic was closed on 09 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

 

 

 

 

 

 

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