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Received a claim? Yes
Issue Date: August 2014
Amount approx: £1,500
Claimant: AKTIV KAPITAL
Solicitor: Judge & Preistley
Original Credit: Aqua
Particulars of Claim: Yes
Stat Barred? No
Have sent: Acknowledged the Claim, Sent a CCA request, Sent a CPR 31.14 request
Other Info:
I need some urgent advice please.
The claim has been brought by Activ Capital. It concerns an Aqua Credit card I took out in 2006 which fell into arrears several years later after i became unemployed and could not repay. i think the last time i made repayments was in 2012 sometime.
The Particulars of Claim issued last August states that I entered into a credit agreement with Progressive Credit Limited in November 2006, and that the account was assigned from Progressive Credit Limited to the Claimant in 2013.
It also states that i defaulted on the agreement but no default notice or date of default was mentioned.
Following my CCA and CPR 31.14 requests, Judge and Priestley sent me a credit agreement with Halifax PLC dated October 2006 with what looks like my signature.
Thereafter I filed a defence that I never signed the agreement allegedly made with Progressive Credit dated 10 November 2006, and I have never been provided with a default notice or notice of assignment. Though I have been asking for these documents ever since the court claim was issued, it has not been provided. Instead all I was sent was credit card statements from about 2011-2012 which showed Progressive Credit Ltd as the creditor.
The claim has now been transferred to my local court and hearing date set for sometime in the Autumn.
The claimant has made me a reduced offer to settle but its still to high for me to afford, and I have made a counter offer which they've rejected. They are insisting that I accept their offer by end of this week. I believe that they cannot enforce the agreement for the reasons stated above, but can someone please advise on
1) whether the claimant has any prospects?
2) Their solicitor also said they are entitled to terminate the agreement for any reason including non payment. Yet they have not supplied a termination notice or default notice. is this fatal for their claim?
3) should i send a SAR request? if so, to Aktiv or Progressive or Halifax?
I'll appreciate any urgent comments even if its to sit tight and wait.
Thanks in advance
.
Issue Date: August 2014
Amount approx: £1,500
Claimant: AKTIV KAPITAL
Solicitor: Judge & Preistley
Original Credit: Aqua
Particulars of Claim: Yes
Stat Barred? No
Have sent: Acknowledged the Claim, Sent a CCA request, Sent a CPR 31.14 request
Other Info:
I need some urgent advice please.
The claim has been brought by Activ Capital. It concerns an Aqua Credit card I took out in 2006 which fell into arrears several years later after i became unemployed and could not repay. i think the last time i made repayments was in 2012 sometime.
The Particulars of Claim issued last August states that I entered into a credit agreement with Progressive Credit Limited in November 2006, and that the account was assigned from Progressive Credit Limited to the Claimant in 2013.
It also states that i defaulted on the agreement but no default notice or date of default was mentioned.
Following my CCA and CPR 31.14 requests, Judge and Priestley sent me a credit agreement with Halifax PLC dated October 2006 with what looks like my signature.
Thereafter I filed a defence that I never signed the agreement allegedly made with Progressive Credit dated 10 November 2006, and I have never been provided with a default notice or notice of assignment. Though I have been asking for these documents ever since the court claim was issued, it has not been provided. Instead all I was sent was credit card statements from about 2011-2012 which showed Progressive Credit Ltd as the creditor.
The claim has now been transferred to my local court and hearing date set for sometime in the Autumn.
The claimant has made me a reduced offer to settle but its still to high for me to afford, and I have made a counter offer which they've rejected. They are insisting that I accept their offer by end of this week. I believe that they cannot enforce the agreement for the reasons stated above, but can someone please advise on
1) whether the claimant has any prospects?
2) Their solicitor also said they are entitled to terminate the agreement for any reason including non payment. Yet they have not supplied a termination notice or default notice. is this fatal for their claim?
3) should i send a SAR request? if so, to Aktiv or Progressive or Halifax?
I'll appreciate any urgent comments even if its to sit tight and wait.
Thanks in advance
.
