Court Claim - unknown / Aktiv Kapital - 19-11-2014

[cococat1]

Re: Court Claim - unknown / Aktiv Kapital - 19-11-2014

Good evening all
Well I have just had the pleasure of the outcome of this and cannot believe it Aktiv Kapital have just about destroyed me now. The courts have issued me with attachment of earnings order from the 13th March.
They looked at my earnings even though I am struggling to make shortfall of me regular payments for everything in the household by just under £200 a month I have now been told that my company will have to send £70 per month to the courts who will then very kindly dish out to these evil B******s !!!!
I still saw no proof of what the debt was or who they are acting on behalf , I am now at all time low as I am struggling like hell to try keep up with my not so clever past and stem the flow.
Is there anything I can try to do with very little money and experience in this field I just feel sick to stomach this has happened when I needed proof this was my debt and what the hell it was for .

Please can anyone help me on this occasion as this long term will cripple me and my family trying to go forward I just feel like throwing the towel in and declaring myself as bankrupt and starting again at the grand age of 42 !!!!!

Sorry about the rant I just cannot believe this can happen just like that - Please if anyone is out there that can try shed some light or what my best move now is to do I would so welcome some help so very much now and I am truly thankful

all the best Lee

[cococat1]

Re: Court Claim - unknown / Aktiv Kapital - 19-11-2014

Good evening all once again

I have now had chance to take stock once again and take another look at my very sorry credit and debt.
Is there any way of me finding what this account is for ?. Also any up to date statements to which it can clarify this is in fact my debt ?
I honestly do not know the legal system in order to file the correct form to dute this case and I am unable to keep paying £70 per month at the present time .

Again look forward to hearing from you

Many thanks
Lee

[FlamingParrot]

Re: Court Claim - unknown / Aktiv Kapital - 19-11-2014

I'm sorry your posts above were missed, this is a big site and things can sometimes get missed, you can always give the posts a little bump or press the little triangle to report them and bring them to the attention of site team if you've not had any responses.

From the above it looks like AK have got a CCJ against you, you were going to apply for set aside, did you attempt to apply? It may have been little late for a judgment from 2012. :ohwell: The attachment of earnings order would have been applied for because you didn't make the agreed payments into this judgment. It is usually possible to request a suspended order by filling in the details on the N56 form and ticking the box requesting a suspended order and making a repayment offer.

If you can't afford the current AoE order, you can make an application to vary the order on an N244 form: http://hmctsformfinder.justice.gov.u...s/n244-eng.pdf

You need to attach an income and expenditure statement and explain why you can no longer afford the amount that's currently being deducted.

[cococat1]

Re: Court Claim - unknown / Aktiv Kapital - 19-11-2014

Hi All

Here i am back to square one with the finances issues, I have been looking into this as best as I can if i can share with you the currant problems I have on the above.
I attend my magistrates appointment to advise my earnings , i advised the court clerk I had no idea what this debt was nor could I afford a huge monthly payment to clear a debt i was unsure what it was for.
I have now had they AOE from my wage at 70 per month with out no contact no more explanation or anything advising what the debt was. Hindsight I was naive and now I have had enough of companies bullying me about , my helath is now back to a level where I am prepared to fight for a fair cost of repayment if these were in fact my debts.
They Aktive Kapital or PRA group as they are know now state I owe £8112 approx , This accout was started in 2006 defaulted in 2010 I have absolutely no idea what this debt is nor the balance on the default date was £6850 approx .
As I have advised this is now direct from my wage but how and what do i need to go forward in order to :
1 - find out what this debt if for and when ?
2- fight to have this if i have no chance of resolving this now its an actual order in place to reduce this amount as my out goings currently with my partner trying to start a business and we cannot afford to live on one wage we really do live from month to month.

Look forward to any help out there on this matter - also please if you are kind enough to help me and my family then i will be posting on all my debts in order to try resolve my financial problems in my first steps again to regain my life .

Thank you if you have spent time in reading this
Lee

[nemesis45]

Re: Court Claim - unknown / Aktiv Kapital - 19-11-2014

Hi All

Here i am back to square one with the finances issues, I have been looking into this as best as I can if i can share with you the currant problems I have on the above.
I attend my magistrates appointment to advise my earnings , i advised the court clerk I had no idea what this debt was nor could I afford a huge monthly payment to clear a debt i was unsure what it was for.
I have now had they AOE from my wage at 70 per month with out no contact no more explanation or anything advising what the debt was. Hindsight I was naive and now I have had enough of companies bullying me about , my helath is now back to a level where I am prepared to fight for a fair cost of repayment if these were in fact my debts.
They Aktive Kapital or PRA group as they are know now state I owe £8112 approx , This accout was started in 2006 defaulted in 2010 I have absolutely no idea what this debt is nor the balance on the default date was £6850 approx .
As I have advised this is now direct from my wage but how and what do i need to go forward in order to :
1 - find out what this debt if for and when ?
2- fight to have this if i have no chance of resolving this now its an actual order in place to reduce this amount as my out goings currently with my partner trying to start a business and we cannot afford to live on one wage we really do live from month to month.

Look forward to any help out there on this matter - also please if you are kind enough to help me and my family then i will be posting on all my debts in order to try resolve my financial problems in my first steps again to regain my life .

Thank you if you have spent time in reading this
Lee

Hello Lee, welcome back.

You will have to write to PRA to find out the name of the original creditor.
Have you checked credit files for this debt?
Noddle is free online and Equifax and Experian have free trials one agency may have more data than the other so worth checking.

You would need to make an application for variation on the AOE, but as the court has had income/ expenditure details to base the deduction on it may bee difficult to get it reduced.

nem

[cococat1]

Re: Court Claim - unknown / Aktiv Kapital - 19-11-2014

Hi Nem

I believe this to be the old MBNA credit card and no way did I run this amount of debt up on a credit card. I had no correspondence from this company for years until I resided at my currant address the last 2 years.
I have used my credit check at Noddle and currently now have 4 CCJ's to try and clear up also
I will write my letter over the weekend to PRA as my judgement date for this CCJ AOE was passed in 2011.
Do I need to ask for the original credit agreement or statements for this debt to look at this balance in order to dispute anything relating to this debt ?
My Noddle credit file shows hardly any of my creditors who are chasing me ? Is this correct ?

[nemesis45]

Re: Court Claim - unknown / Aktiv Kapital - 19-11-2014

Hi Nem

I believe this to be the old MBNA credit card and no way did I run this amount of debt up on a credit card. I had no correspondence from this company for years until I resided at my currant address the last 2 years.
I have used my credit check at Noddle and currently now have 4 CCJ's to try and clear up also
I will write my letter over the weekend to PRA as my judgement date for this CCJ AOE was passed in 2011.
Do I need to ask for the original credit agreement or statements for this debt to look at this balance in order to dispute anything relating to this debt ?
My Noddle credit file shows hardly any of my creditors who are chasing me ? Is this correct ?

Hello Lee.
Once judgement has been made the CCA is no longer relevant as the judgement supersedes it completely.

Noddle may not have all the accounts as its " parent " Call Credit is not as widely used as Equifax and Experian, or the missing accounts were defaulted more than 6 years ago and have been removed from credit files paid or not.

nem

[cococat1]

Re: Court Claim - unknown / Aktiv Kapital - 19-11-2014

Hi Nem

I have just set up my Equifax free 30 day trial
I can see 4 judgments on there now which relates to my judgements and 2 AOE on these 2 for £50 per month which i simply cannot afford . I also have no spare money to go back to court to reduce the fees.
What is the best way moving forward now in order to try reduce my debts on my CCJs as my employer has not deducted these from my wages either?
I really need help on reducing my AOE forced by the courts, I take it I now have no legal right or arguments once the courts have ruled a decision ? Therefore it is what it is and I move forward very valid lesson learned then ?
Thank you for my advise
Lee

[nemesis45]

Re: Court Claim - unknown / Aktiv Kapital - 19-11-2014

Hi Nem

I have just set up my Equifax free 30 day trial
I can see 4 judgments on there now which relates to my judgements and 2 AOE on these 2 for £50 per month which i simply cannot afford . I also have no spare money to go back to court to reduce the fees.
What is the best way moving forward now in order to try reduce my debts on my CCJs as my employer has not deducted these from my wages either?
I really need help on reducing my AOE forced by the courts, I take it I now have no legal right or arguments once the courts have ruled a decision ? Therefore it is what it is and I move forward very valid lesson learned then ?
Thank you for my advise
Lee

If the claimants on the other judgements have not sought to enforce the judgement order for non payment e.g. an AOE then your employer wont know about them.
Your employer cannot refuse to carry out the courts order and could be penalised ( contempt).

Yes it is very hard lesson and a court will not look favourably on late applications of any sort.

I think you need to speak with your employer about these orders.

nem

[cococat1]

Re: Court Claim - unknown / Aktiv Kapital - 19-11-2014

Nem

I have just looked at the letters and they have advised me to contact them if i am having difficulties in paying the arrears ordered and do not wish to take me back to court for future costs ( lowells solicitors)
If I print off and send my stepchange financial accounts per month they have advised I can offer a £1 until my circumstances change letter would they accept this ?

[nemesis45]

Re: Court Claim - unknown / Aktiv Kapital - 19-11-2014

Nem

I have just looked at the letters and they have advised me to contact them if i am having difficulties in paying the arrears ordered and do not wish to take me back to court for future costs ( lowells solicitors)
If I print off and send my stepchange financial accounts per month they have advised I can offer a £1 until my circumstances change letter would they accept this ?

Yes Lee you can, there's one perpetual truth to this " they cannot have what you have not"!

nem

[cococat1]

Re: Court Claim - unknown / Aktiv Kapital - 19-11-2014

My MD knows of my financial strife at the moment as we sorted out my tax issues and now cleared this debt and back on track with them, However i now owe back payment in tax credits god knows why as my partner is now back out of work and we do not fit the criteria to obtain tax credits again as my wage has increased.
If i can manage to arrange proposed payments without his knowledge I would prefer this worse case i will advise this may happen again and these may be forced upon my wages as he is aware and advised me that Aktive were taken the amount before I did .
Thanks Lee

[nemesis45]

Re: Court Claim - unknown / Aktiv Kapital - 19-11-2014

My MD knows of my financial strife at the moment as we sorted out my tax issues and now cleared this debt and back on track with them, However i now owe back payment in tax credits god knows why as my partner is now back out of work and we do not fit the criteria to obtain tax credits again as my wage has increased.
If i can manage to arrange proposed payments without his knowledge I would prefer this worse case i will advise this may happen again and these may be forced upon my wages as he is aware and advised me that Aktive were taken the amount before I did .
Thanks Lee

OK Lee, let us know how you get on!

nem

[cococat1]

Re: Court Claim - unknown / Aktiv Kapital - 19-11-2014

Hi Nem

I will be posting these out on mondy to see what happens keep you updated fingers crossed its accepted and weight from my mind
cheers Lee