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

[nemesis45]

Re: CCJ application from Aktiv KApital/PGA Group

Currently in talks as we. Speak, awaiting a call back. Do you think it is worth risking going to court and hoping the judge rules in our favour due to non compliance of CCA or is is that too high a risk given that the In laws would end up with all court costs too

Hard to say Nelix at this stage.

nem

[Nelix]

Re: CCJ application from Aktiv KApital/PGA Group

Currently in talks as we. Speak, awaiting a call back. Do you think it is worth risking going to court and hoping the judge rules in our favour due to non compliance of CCA or is is that too high a risk given that the In laws would end up with all court costs too

[Amethyst]

Re: CCJ application from Aktiv KApital/PGA Group

Did you get documents containing sections 11a, 13 and 14 ( at least) as referred to on the front sheet of the agreement ? If not, you should ask them for it and remind them of their duties under CCA 1974.

And if you haven't already been through the mediation , then no you don't have all documents and they haven't complied with your section 78 request.


78 Duty to give information to debtor under running-account credit agreement.

(1)The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a)the state of the account, and

(b)the amount, if any currently payable under the agreement by the debtor to the creditor, and

(c)the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

[nemesis45]

Re: CCJ application from Aktiv KApital/PGA Group

If it was to go to trial what would the judge make of it, would it be thrown out due to the non compliance with the CCA request even though they have proved that the debt was acknowledged within the last 6 years?

I'm trying to avoid a CCJ for the in-laws but if this can be thrown out of delayed until after 7th Dec that would hit the 6 year marker and make it statute barred

The issue of the claim stopped the 6 year clock ticking Nelix.

nem

[Nibbler]

Re: CCJ application from Aktiv KApital/PGA Group

Right, I'm sat at the in-laws with all of the paperwork.

Here is the covering letter that came with the copy of the agreement:




Here is the copy of the Agreement:



I hope these are not too big, if so I can re-size them.

No other documentation was received with this letter/agreement.

The account was opened according to the signature on the agreement 25/11/2006, according to the credit file it was 1/12/2006.

According to the credit file it has a default date of 30/6/2010. I know this date is within the last 6 years but, if I am informed correctly, if this relates to a credit/store card then the 6 year time period starts from the date of the first missed payment, please correct me if I am wrong.

I have some bank statements relating to a Santander account who I believe took over A&L, however as we do not know who the original creditor is we don't know what to look for.

[MENTION=551]pt2537[/MENTION] enforceable?

[MIKE770]

Re: CCJ application from Aktiv KApital/PGA Group

sent message to admin this morning, no reply???

[Nelix]

Re: CCJ application from Aktiv KApital/PGA Group

Any last minute advice?

[Nelix]

Re: CCJ application from Aktiv KApital/PGA Group

I've got the mediation this afternoon via phone.

[Nelix]

Re: CCJ application from Aktiv KApital/PGA Group

If it was to go to trial what would the judge make of it, would it be thrown out due to the non compliance with the CCA request even though they have proved that the debt was acknowledged within the last 6 years?

I'm trying to avoid a CCJ for the in-laws but if this can be thrown out of delayed until after 7th Dec that would hit the 6 year marker and make it statute barred

[nemesis45]

Re: CCJ application from Aktiv KApital/PGA Group

The agreement received is in post 23 of this thread, on the first page

Fingers crossed that all is not lost

Thanks again

I can't see how that single sheet can be seen as a true copy of the agreement or a reconstituted copy.

I would personally reject it as non compliant.

At the mediation appointment you should when it comes round to the claimants requirements bring up the point
that the document provided purporting to be a true copy of the alleged agreement does not satisfy a CCA request
nor do you believe it would have any merit in support of their claim.
Two possible outcomes.

1. They decide to withdraw.
2. They or the mediator will say it needs to go to trial.

nem

[Nelix]

Re: CCJ application from Aktiv KApital/PGA Group

The agreement received is in post 23 of this thread, on the first page

Fingers crossed that all is not lost

Thanks again

[nemesis45]

Re: CCJ application from Aktiv KApital/PGA Group

Thanks nem

I have the paperwork, I would have thought the agreement that they sent would be more than a single page.

In the latter they mention that they are willing to accept a figure and state that it is substantially less that the original debt, however the figure they quote is actually more than the original debt, I appreciate that there will be costs on top of that too so that is probably why it is higher.

I'll go through income and expenditure with the in laws tonight in preparation for tomorrow.

Thanks again

Nelix

Hello Nelix,

A single page agreement is unlikely to satisfy a CCA request as a true copy or a reconstituted true copy.

Can you put up a copy here please all may not be lost!

nem

[Nelix]

Re: CCJ application from Aktiv KApital/PGA Group

Thanks nem

I have the paperwork, I would have thought the agreement that they sent would be more than a single page.

In the latter they mention that they are willing to accept a figure and state that it is substantially less that the original debt, however the figure they quote is actually more than the original debt, I appreciate that there will be costs on top of that too so that is probably why it is higher.

I'll go through income and expenditure with the in laws tonight in preparation for tomorrow.

Thanks again

Nelix

[nemesis45]

Re: CCJ application from Aktiv KApital/PGA Group

Hi again

Just had a phone call from the mediation service and they have arranged a meeting via telephone for tomorrow. I am waiting for them to call me back to confirm that PGA's solicitor also agreed.

Never done this before, I know that as the money is owed then it should be pretty straight forward but what's the best way to handle this?

Do you have all the documents that are mentioned in the claim so you can refer to them?
You need to work out what you can reasonably afford to pay without causing hardship to you and / or your family, an offer simply must be reasonable, affordable and sustainable over a prolonged period.

Listen carefully to what the mediator says when he/she relays the creditor points to you, make notes.
The mediator is not a solicitor or barrister and cannot give you legal advice.

The result if payments are agreed will be a Consent (Tomlin) order binding on all parties this stays the claim as long as the terms of the order are met.
No CCJ is handed down.
If you break the agreement the creditor can apply for summary judgement.

nem