Aktiv Kapital/MBNA card

[AJ1990]

Hello all,

I am helping my mum administer my late father's estate and we received a letter from Aktiv Kapital's solicitors chasing an MBNA card they claim my dad had. I asked for proof the debt is owed and they took well over 3 months to reply, but eventually produced a grainy photocopy of an agreement.

Card was taken out in 2005, and the claimed balance owed is around £8.5k

The CCA is incomplete, they enclosed 2 pages but there are terms missing.

My mum called (stupid mistake, I know) to speak to them but her point of contact was out. They emailed my mum back with the following:

Dear Mrs XXXXX,

I write further to your telephone conversation held with my colleague Lauren on 29^th November 2013.

In the conversation we requested you send in evidence from your solicitor that the property had been transferred in to your name and that you are dealing with your late husband’s accounts.

We are yet to receive anything from you.

Please ensure you provide this evidence to us within 7 days.

Should we not hear from you we may have no other option but to issue legal proceedings against you as you are the Executor of the Estate.

We trust the above will not be necessary and look forward to hearing from you.

Kind Regards,

Thank you for your time, any help is greatly appreciated.

If anybody wants to view the CCA, let me know how I can upload it, I have concluded it is incomplete and therefore unenforceable but anybody's opinion is welcome.

[CleverClogs]

Re: Aktiv Kapital/MBNA card

1. When did your father perish?
2. When did he last make a payment on that card?

Aktiv Krapital has been known to make threatening noises if an alleged debt is statute barred...

[AJ1990]

Re: Aktiv Kapital/MBNA card

1. When did your father perish?
2. When did he last make a payment on that card?

Aktiv Krapital has been known to make threatening noises if an alleged debt is statute barred...

Hello CleverClogs,

1. My father passed away last October.
2. He last made a payment in 2011 I believe.

On this basis I'm certain the card is not statute barred, but the CCA they sent is not statute compliant.

Would you like me to email you a copy?

[Amethyst]

Re: Aktiv Kapital/MBNA card

If you remove personal details you can upload it to the forum ( see http://www.legalbeagles.info/forums/...r-details-safe!) for help to do this )

[Streetwise]

Re: Aktiv Kapital/MBNA card

Hello all,

I am helping my mum administer my late father's estate and we received a letter from Aktiv Kapital's solicitors chasing an MBNA card they claim my dad had. I asked for proof the debt is owed and they took well over 3 months to reply, but eventually produced a grainy photocopy of an agreement.

Card was taken out in 2005, and the claimed balance owed is around £8.5k

The CCA is incomplete, they enclosed 2 pages but there are terms missing.

My mum called (stupid mistake, I know) to speak to them but her point of contact was out. They emailed my mum back with the following:



Thank you for your time, any help is greatly appreciated.

If anybody wants to view the CCA, let me know how I can upload it, I have concluded it is incomplete and therefore unenforceable but anybody's opinion is welcome.

Who are the solicitors acting for Aktiv Kapital.?????

[AJ1990]

Re: Aktiv Kapital/MBNA card

Judge & Priestley.

i will redact sensitive information from the CCA and upload it shortly

[Gorang]

Re: Aktiv Kapital/MBNA card

Question for the peeps with knowledge on this area


I am right in thinking that a debt gets terminated and written off when the debtor passes away??

or

does the debt get passed on to the executor of the deceased estate??



Sumit tells me that I read somewhere the debt gets terminated and written off, but I could be wrong

Could someone with more knowledge could maybe clarify this

[PlanB]

Re: Aktiv Kapital/MBNA card

I am right in thinking that a debt gets terminated and written off when the debtor passes away?? NO

or

does the debt get passed on to the executor of the deceased estate?? YES



Sumit tells me that I read somewhere the debt gets terminated and written off, but I could be wrong

Yes you are wrong. Debts do not get written off when a debtor dies. They pass to the deceased estate.

[MissFM]

Re: Aktiv Kapital/MBNA card

I think the confusion arises because, whilst debts must be satisfied from the estate of the deceased before any distribution to beneficiaries, debts are not inherited (ie we don't have debt bondage, at the moment, in this country).

If satisfaction of the debt(s) would require sale of property, the beneficiaries might (at the discretion of the executors) have an option to pay the debt in order to keep the property.

If, however, there is not enough equity in the estate to satisfy all the debts (ie the estate is technically insolvent) then some of the debts would have to be written off by the creditors.

As I understand it

[Gorang]

Re: Aktiv Kapital/MBNA card

If, however, there is not enough equity in the estate to satisfy all the debts (ie the estate is technically insolvent) then the debts would have to be written off by the creditors.

Ahhh that's the bit I was missing and what was making me think they had to be written off



Thank you PlanB and MissFM for putting me straight

[PlanB]

Re: Aktiv Kapital/MBNA card

If satisfaction of the debt(s) would require sale of property, the beneficiaries might (at the discretion of the executors) have an option to pay the debt in order to keep the property.

If, however, there is not enough equity in the estate to satisfy all the debts (ie the estate is technically insolvent) then some of the debts would have to be written off by the creditors.

You're absolutely right Miss FM :grin:

The OP has posted on another forum that there is a property with over £600k equity (after discounting the mortgage) in the estate. As I understand it the OP is now being threatening with legal action from the creditor (AK) to force a sale of the property to satisfy this debt (something like that anyway).

It's not clear who is the executor of the estate at this point.

[CleverClogs]

Re: Aktiv Kapital/MBNA card

The OP has posted on another forum that there is a property with over £600k equity (after discounting the mortgage) in the estate. As I understand it the OP is now being threatening with legal action from the creditor (AK) to force a sale of the property to satisfy this debt (something like that anyway).

Such action (even if it were possible) would be grossly disproportionate.

AK needs to be jumped on.

[PlanB]

Re: Aktiv Kapital/MBNA card

Such action (even if it were possible) would be grossly disproportionate. AK needs to be jumped on.

I agree with you but the OP has posted on another website that the solicitors have said they will make a claim using "an Insolvency Administration Order under section 241a of the Insolvency Act". The probate situation is unclear too. There is also a question mark over whether there was PPI on the account which should have cleared the balance when the OP's father died. (The OP says that MBNA paid out on another account). When the debt was sold from MBNA to AK this PPI policy (if it existed) may not have been apparent.

It's hard work following the OP's story on two different forums :faint:See his recent post *elsewhere* below:


" Sorry, I'm not sure I follow? Are you saying because this is not the FULL agreement, they cannot enforce it on this basis?

If so, how should I approach settlement? The debt is around £8.5k, what should I offer them as full and final settlement?

There is very little equity in the estate, my mother and father jointly owned a property under joint tenancy which although has bypassed the estate may still be claimed upon via Insolvency Administrator Order under s.241A Insolvency Act (I'm sure you are well aware of this )

What would you recommend I write back to these ar**holes? "

[Streetwise]

Re: Aktiv Kapital/MBNA card

Judge & Priestley.

i will redact sensitive information from the CCA and upload it shortly

Still waiting for the upload.