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Aktiv Kapital Court Claim!!!

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  • Aktiv Kapital Court Claim!!!

    Hi Folks,
    I am new here and in need of some help.
    I received a court claim from Aktiv Kapital on the 28th March for a debt I had for an MBNA credit card. I filled for an extension of 14 days with the court and sent a letter to Wright Hassall, the solicitors acting for AK, casking them to provide me with the original signed CCA, I used a template letter from Martin Lewis website. The solicitors responded clarifying they received the letter on April 15th. Yesterday I got a photocopy of a CCA with no signature and a couple of statements showing me paying £1 to the account in 2010. I have tried to log back onto the MCOL site but can not get back on to check the situation with the claim. Could anyone please help me with what steps I am to do next as I can do not know what to do.
    Many many thanks in advance of theose who help!!!!
    Tags: None

  • #2
    Re: Aktiv Kapital Court Claim!!!

    Hi and welcome

    Did you submit a defence? What did you use in your defence? Did you say it was statute barred?

    The £1 payment in 2010 could have been the fee for a CCA request if you sent one back then. When was the last time you think you actually made a payment?

    We need a bit more info about what's been happening in the past couple of months, between April 15th and now. :typing:

    Comment


    • #3
      Re: Aktiv Kapital Court Claim!!!

      I did file for an extension to submit a defence and sent the CCA request to AK. Since then nothing has happened until Tuesday when I received a poor photocopy of a CCA, which does not have my signiture on, and a couple of letters and statements. The solicitors claim the agrrement was done online and thus is not signed and because of a payment to the account in 2010 they claim it can not be SB.

      Comment


      • #4
        Re: Aktiv Kapital Court Claim!!!

        On this account have you previously sent a CCA request ? (ie in 2010)

        Could you post up any defence you entered, and if you possibly can the original particular of claim, and scans/photos of the agreements and terms they have sent you.

        Then hopefully we'll be able to give you a hand with the next steps.
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #5
          Re: Aktiv Kapital Court Claim!!!

          Originally posted by Bazton View Post
          Hi Folks,
          I am new here and in need of some help.
          I received a court claim from Aktiv Kapital on the 28th March for a debt I had for an MBNA credit card. I filled for an extension of 14 days with the court and sent a letter to Wright Hassall, the solicitors acting for AK, casking them to provide me with the original signed CCA, I used a template letter from Martin Lewis website. The solicitors responded clarifying they received the letter on April 15th. Yesterday I got a photocopy of a CCA with no signature and a couple of statements showing me paying £1 to the account in 2010. I have tried to log back onto the MCOL site but can not get back on to check the situation with the claim. Could anyone please help me with what steps I am to do next as I can do not know what to do.
          Many many thanks in advance of theose who help!!!!
          What year did you get this card.:beagle:

          Comment


          • #6
            Re: Aktiv Kapital Court Claim!!!

            Originally posted by Bazton View Post
            I did file for an extension to submit a defence and sent the CCA request to AK. Since then nothing has happened until Tuesday when I received a poor photocopy of a CCA, which does not have my signiture on, and a couple of letters and statements. The solicitors claim the agrrement was done online and thus is not signed and because of a payment to the account in 2010 they claim it can not be SB.
            When did you apply for the card? If it was before 2005, they should have sent you a copy of your agreement for you to sign. From Jan 2005 onwards, a tick box is as good as a signature for online applications. :typing:

            Was this originally an MBNA card or was it issued by another company, and later bought by MBNA?

            When did you stop making payments?

            Comment


            • #7
              Re: Aktiv Kapital Court Claim!!!

              Hi,
              Sorry I have not been back on for a while I have been away working and forgot my log in details. I got a letter from Wright-Hassel the solicitors acting for Aktiv Kapital stating that I have 7 days to submit a defence of they will apply for a judgement. The information the sent me was a print out of an application form which was in about 2pt font and only ledgeable under a microscope. The £1 credit to the account I believe was a token payment (2010). Do I simply fill in the forms that came from the court showing my income and expenditure and ask for the hearing to be in the local court. Can their claim still be valid as they took 2 months to send me the CCA request and all other paperwork.

              Comment

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              SHORTCUTS


              First Steps
              Check dates
              Income/Expenditure
              Acknowledge Claim
              CCA Request
              CPR 31.14 Request
              Subject Access Request Letter
              Example Defence
              Set Aside Application
              Directions Questionnaire



              If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





              NOTE: If you receive a court claim note these dates in your calendar ...
              Acknowledge Claim - within 14 days from Service

              Defend Claim - within 28 days from Service (IF you acknowledged in time)

              If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




              We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
              If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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