CCJ application from Aktiv KApital/PGA Group

[Nelix]

Hi All

I have a need for some advice on behalf of my partners parents.

I know the above-named firms are one and the same.

We originally had a request for payment from AK, we responded with a letter requesting original paperwork, we received a poor quality photocopy. After lots of searching through bank statements and requests for copies of statements from the bank, we were fairly confident that the last payment made was over 6 years ago.

With this in mind we wrote to them informing them of such and requested that they provide evidence of any payments made or acknowledgment of the debt within the last 6 years, we have yet to receive a response.

We recently received a letter from the court informing us of an application from PGA for a CCJ relating to this debt, we responded to the court informing them of our defense, "We believe the debt is statute barred and have written to the company requesting otherwise" we also sent a copy of both of the letters that were sent.

The court wrote to us to say that they would write to PGA's solicitors informing them of our defense and that we would hear from them regarding the next course of action.

The solicitors wrote to us inform us that their client (PGA) still wants to proceed with the CCJ.

What would you advise we do next.

Kind Regards

Nelix

[Celestine]

Re: CCJ application from Aktiv KApital/PGA Group

Hi Nelix

welcome to Legal Beagles. It sounds like you've done everything correct so far. I'd like to see a redacted copy of your defense you entered please.
If you are certain the debt is time barred under Limitation Act 1980, then that should suffice as its an absolute defence to the claim.
When did you file your defence? The next court letter your partners parents will receive is the allocation questionnaire. This is to decide which 'track' the case belongs in. We can help you fill it in.
How much is the claim for?

[nemesis45]

Re: CCJ application from Aktiv KApital/PGA Group

Hi welcome to LB,
Did you on behalf of your in laws make a formal request for the agreement (CCA request) together with the £1 statutory fee?

Was a " claim pack" received from the Northampton County Court Business Centre and the acknowledgment of service completed?
A written defence submitted?
What type of account was this credit card/loan/ catalogue/ etc.
Statute Barred in England and Wales = 6 clear years (5 in Scotland) with np payments ( to any party) and no unequivocal written acknowledgment of the debt.
The relevant 6 year period starts at different points depending on the type of account. Loans the date the creditor can first demand immediate repayment in full e.g., A Formal Demand or a Final Demand. The same for overdrafts and current accounts.

Credit cards the relevant period will start when a contractual payment was due and not made after which no further payment or written acknowledgment was ever made.

nem

[Nelix]

Re: CCJ application from Aktiv KApital/PGA Group

Hi Nelix

welcome to Legal Beagles. It sounds like you've done everything correct so far. I'd like to see a redacted copy of your defense you entered please.
If you are certain the debt is time barred under Limitation Act 1980, then that should suffice as its an absolute defence to the claim.
When did you file your defence? The next court letter your partners parents will receive is the allocation questionnaire. This is to decide which 'track' the case belongs in. We can help you fill it in.
How much is the claim for?

Hi

Thanks for responding.

The in-laws did not tell me straight away when they received the court letter, I called the court the day after the 14 day response period, the clerk asked me to email my defense to them and they would look at it, this appeared to work as the court responded as outlined above.

My defense was as follows:

I have written to this company on 2 occasions (I have enclosed a copy of the 2 letters for ease of
reference) stating that the last payment or acknowledgment of this debt was made over 6 years ago
and requesting documentation stating otherwise.

I have to this date not had any response.


I would like to request that this order is set aside until such time as I receive the requested
documentation.

I do not have the figures to hand at the moment but if I recall correctly it was £1200 or £1400. Their credit file shows an account with the same/similar balance relating to MBNA and the account being a store/credit card, however the in-laws do not recall ever having an MBNA card.

@ Nem

I don't believe a claim pack was received

I will confirm figures and other details this evening when I get in from work.

Thank you for you help thus far, it is very much appreciated.

Nelix

[Celestine]

Re: CCJ application from Aktiv KApital/PGA Group

Hmmm I don't like the sound of this. If the claim pack wasn't received, they couldn't have acknowledged receiving the claim?
look forward to hearing more details when you can get them later please.

[Nelix]

Re: CCJ application from Aktiv KApital/PGA Group

Thanks for all of the advice.

I have the paperwork and a little more detail.

The paperwork received WAS from the court, a claim form & response pack. As mentioned above, unfortunately I was only made aware of this after the limited allowed time to respond ( day 15). I phoned the court and was told to send an email with the case number in the subject line and my defence detail and they would look into it.

A couple of days later they wrote and confirmed receipt of our defence.

In the last few days AK/PRA's solicitors also confirmed receipt of the defence and that their client wishes to continue with the claim.

I have checked their credit file and this apparently relates to a store/credit card which neither of them recall ever having, there is no mention of who the original company was. The only reference we can find to the original company is on one of the PRA groups letters stating 'Varde Experto'. Which non of us have ever heard of.

The figure is for £1288 and coppers.

What do you suggest the next cause of action should be?

Kind regards

[nemesis45]

Re: CCJ application from Aktiv KApital/PGA Group

Thanks for all of the advice.

I have the paperwork and a little more detail.

The paperwork received WAS from the court, a claim form & response pack. As mentioned above, unfortunately I was only made aware of this after the limited allowed time to respond ( day 15). I phoned the court and was told to send an email with the case number in the subject line and my defence detail and they would look into it.

A couple of days later they wrote and confirmed receipt of our defence.

In the last few days AK/PRA's solicitors also confirmed receipt of the defence and that their client wishes to continue with the claim.

I have checked their credit file and this apparently relates to a store/credit card which neither of them recall ever having, there is no mention of who the original company was. The only reference we can find to the original company is on one of the PRA groups letters stating 'Varde Experto'. Which non of us have ever heard of.

The figure is for £1288 and coppers.

What do you suggest the next cause of action should be?

Kind regards

Varde Experto is a debt collection agency, may have been used the original creditor to chase the debt.

Has a CCA request been made to see if the claimant has a copy of the agreement?

At least the defence has been accepted.

Post#4 re MBNA being on the credit file same/similar amount?? Is this still showing on credit files now?

nem

[MIKE770]

Re: CCJ application from Aktiv KApital/PGA Group

Varde (Ireland) bought a lot of MBNA debt ( bit of controversy over their licence at the time it seems) then sold on to Aktiv Kapital, any reference to Varde licences to trade at the time was brushed off by the FSA at the time etc

[Nelix]

Re: CCJ application from Aktiv KApital/PGA Group

Post#4 re MBNA being on the credit file same/similar amount?? Is this still showing on credit files now?

nem

I was mistaken, the MBNA reference relates to something different. There is an entry on the credit file for the amount that this Claim is for, But the company on the Credit file is AK.

A CCA request was made but nothing received that they remember.

Kind Regards

Nelix

[nemesis45]

Re: CCJ application from Aktiv KApital/PGA Group

I was mistaken, the MBNA reference relates to something different. There is an entry on the credit file for the amount that this Claim is for, But the company on the Credit file is AK.

A CCA request was made but nothing received that they remember.

Kind Regards

Nelix

Hello Nelix,
My feeling is to send another CCA request to AK asap, £1 statutory fee use a cheque or PO endorsed " for statutory fee only" ( just to stop AK allocating it as a payment to the account). AK has 12 + 2 Working Days to Comply.

nem

[Nelix]

Re: CCJ application from Aktiv KApital/PGA Group

Thanks Nemesis45

I will draft a letter up today using the templates on this site and get it in the post with a postal order ASAP.

I will keep you all updated.

[FlamingParrot]

Re: CCJ application from Aktiv KApital/PGA Group

The paperwork received WAS from the court, a claim form & response pack. As mentioned above, unfortunately I was only made aware of this after the limited allowed time to respond ( day 15). I phoned the court and was told to send an email with the case number in the subject line and my defence detail and they would look into it.

A couple of days later they wrote and confirmed receipt of our defence.

In the last few days AK/PRA's solicitors also confirmed receipt of the defence and that their client wishes to continue with the claim.

What did you say in your defence? Would be helpful if you could post it up. :typing:

Non-compliance with a CCA request is a bar to enforcement for as long as they are in default and they should respond in 12+2 working days, however, that fact would have to be stated in your defence and you have already submitted it. :ohwell:

[nemesis45]

Re: CCJ application from Aktiv KApital/PGA Group

Thanks Nemesis45

I will draft a letter up today using the templates on this site and get it in the post with a postal order ASAP.

I will keep you all updated.

Thanks Nelix!
nem

- - - Updated - - -

Thanks Nemesis45

I will draft a letter up today using the templates on this site and get it in the post with a postal order ASAP.

I will keep you all updated.

Was it just the Statute Barred status of the debt you used a defence Nelix?

[Nelix]

Re: CCJ application from Aktiv KApital/PGA Group

What did you say in your defence? Would be helpful if you could post it up. :typing:

The defense was as follows:

I have written to this company on 2 occasions (I have enclosed a copy of the 2 letters for ease of reference) stating that the last payment or acknowledgement of this debt was made over 6 years ago and requesting documentation stating otherwise. I have to this date not had any response.
I would like to request that this order is set aside until such time as I receive the requested documentation.

Not the best defense in the world I agree but we were rushed as the allowed time to respond had expired (sent on day 15 of the 14 limit).

Regards

Nelix

[Nelix]

Re: CCJ application from Aktiv KApital/PGA Group

Was it just the Statute Barred status of the debt you used a defence Nelix?

Yes it was, see the post above for the exect wording.

To be fair, the in-laws are getting on and the 1st letter I sent was a CCA request, some time passed and they showed me a badly photocopied agreement that they 'believed' was the response to my letter, however the agreement related to RBS and a Personal Loan. I sent the second letter requesting proof that a payment had been made or acknowledgment
of the debt within the last 6 years and no response was received until the court letter.

Regards

Nelix