MBNA - AKTIV KAPITAL Chasing

[sortingitout]

Hi

AKTIV KAPITAL are chasing me over an account i dispute with MBNA. I dispute the amount in total, I dispute possible PPI charges and also general charges. The card was taken on in 2002.

I wrote to AK on ** of November 2012 with a CCA request. On the ** of November i got a reply saying they aknowledged my CCA request and were dealing with it and the account was on hold. This letter was received 33 days after they received my CCA request by recorded delivery!

I then actually received my CCA request, this arrived in my posession 70 days after the first CCA request was made !! I did ask in the CCA request copies of statements, none were sent.

I have received from them terms and conditions for the period when the card was taken out and the following signature slip which i cannot read but my signature is on it. The quality really is very poor and you can hardly read any of it.

Can anyone advise me on where i stand. the strange smudges are where i have removed my personal information.

many thanks and great site btw !!

[FlamingParrot]

Re: MBNA - AKTIV KAPITAL Chasing

The scans are not legible enough to be able to read all the text, in particular the section where the PPI is mentioned. Is there any chance of a higher res scan? If the PPI was mis-sold or you were told you had to take it to be approved, you could do a reclaim, if successful it would be offset from the balance outstanding. Due to compound interest, the amount can be quite considerable. :thumb:

If you haven't got all your statements, you can request a SAR (from the OC not the DCA) so you can calculate how much your reclaim could amount to. There are good PPI specialists on board like Di and Turbo who can assist with the process and calculations. :first:Before going down that route, it will be useful to know when you last paid this, if it's close to Statute Barred it may be wiser just to let it run its course.:wink:

[sortingitout]

Re: MBNA - AKTIV KAPITAL Chasing

hi

thanks for the reply.

it is not statute barred as the last payment i have a record of is in 2009.

the scans are as good as i can get them, even the copies they sent i cannot read, should i fire off a letter asking for clearer copies, all i can see with regards to ppi is two boxes neither if which are ticked. i will send off a sar to mbna.

[PlanB]

Re: MBNA - AKTIV KAPITAL Chasing

i will send off a sar to mbna.

I would also send a copy of your SAR to Aktiv Kapital with a covering letter so they know that you have an issue over possible missold PPI and ask them to put your account on hold in the meantime. Debt collectors are not psychic so you need to spell it out for them and it's always good to have a solid paper trail in case things go pear-shaped later on :typing:

AK have a reputation for being a bit trigger-happy with SDs too. They have been sanctioned by the OFT for this kind of practice:

http://www.oft.gov.uk/news-and-updat...ay?prid=755221

When I had a run in with them I sent back a copy of the OFT *Requirements* (you can download the PDF in that link) with my letter. Unsurprisingly I didn't hear from them again But save that tactic for your next move if AK don't back off :tape:

[Kafka]

Re: MBNA - AKTIV KAPITAL Chasing

In my experience, sending SARs to DCAs is rarely productive, because its unusual for them to acquire the important data even when they buy an account. They usually write back and say that they have had to contact the OC for the data, which is what you are already doing yourself sending SAR to them.

Having said that, writing to AK to update them on what's happening is a very good idea, just don't expect a SAR to them to reveal anything extra, even if you still want to send it as well as the letter. The important SAR is always to the OC in my experience.

[MIKE770]

Re: MBNA - AKTIV KAPITAL Chasing

I would also send a copy of your SAR to Aktiv Kapital with a covering letter so they know that you have an issue over possible missold PPI and ask them to put your account on hold in the meantime. Debt collectors are not psychic so you need to spell it out for them and it's always good to have a solid paper trail in case things go pear-shaped later on :typing:

AK have a reputation for being a bit trigger-happy with SDs too. They have been sanctioned by the OFT for this kind of practice:

http://www.oft.gov.uk/news-and-updat...ay?prid=755221

When I had a run in with them I sent back a copy of the OFT *Requirements* (you can download the PDF in that link) with my letter. Unsurprisingly I didn't hear from them again But save that tactic for your next move if AK don't back off :tape:

Suggest you send to\:- Steve Glassborow at Aktiv Kapital = he is turning out to be a henchman there he is the Legal & Compliance Officer there

[FlamingParrot]

Re: MBNA - AKTIV KAPITAL Chasing

In my experience, sending SARs to DCAs is rarely productive, because its unusual for them to acquire the important data even when they buy an account. They usually write back and say that they have had to contact the OC for the data, which is what you are already doing yourself sending SAR to them.

Having said that, writing to AK to update them on what's happening is a very good idea, just don't expect a SAR to them to reveal anything extra, even if you still want to send it as well as the letter. The important SAR is always to the OC in my experience.

Absolutely! DCAs wouldn't have any statements or account history, they don't even get the agreements! They buy debts in bulk not knowing whether they are disputed, enforceable, statute barred, etc. However, Plan B was suggesting sending a COPY of the SAR to AK, so they are kept in the loop with regards the issues raised with the OC.

I would also send a copy of your SAR to Aktiv Kapital with a covering letter so they know that you have an issue over possible missold PPI and ask them to put your account on hold in the meantime. Debt collectors are not psychic so you need to spell it out for them and it's always good to have a solid paper trail in case things go pear-shaped later on :typing:

[Kafka]

Re: MBNA - AKTIV KAPITAL Chasing

Sorry I misread the sending of the SAR for sending them one as well!

[MIKE770]

Re: MBNA - AKTIV KAPITAL Chasing

Sorry I misread the sending of the SAR for sending them one as well!

A copy of the one you sent to MBNA.

[sortingitout]

Re: MBNA - AKTIV KAPITAL Chasing

Hi

Thank you all for your advice, I am sending mbna the sar. I will also send ak a copy for their reference. I am unsure what I can do about the documents they have sent, as you can see I cant even read the terms and interest rates etc.

Should I pull them up on this and also that they sent the request back so late (70 days) ? I never recieved a default notice or assignment of the debt neither.

thanks

[strawberrybabe]

Re: MBNA - AKTIV KAPITAL Chasing

Dear Parrot, my husband took out a card with MBNA in May 2003. At first his credit limit was 3500. At some point MBNA increased the credit limit without asking. I cannot remember how much they increased it by. In 2003 his first 6 months were at 0% interest, then the interest on any unpaid amount went up to 15% APR. Between 2003 and 2008 he paid the amount fully off at least couple of times. As we ran into financial trouble because of serious health problems and could not maintain the regular required monthly payments, MBNA lowered his credit limit and put the interest charges up (to 36%, if I remember well). Because of all that, his account amounted into a massive amount of charges; I do not know how many charges, as we do not have any MBNA statements from that time.

- Can I request from MBNA his statements for 2003 till 2009?
- How long do they keep the statements for?
- How much should I pay for the statements, if they still have them?

My husband made his last payment to MBNA in December 2009. So, we are nearly there ( I mean, Statute Barr, if I understand it well), but not quite yet, as we would need to sit tight another year till December 2015.

Now, in April 2012 we were notified by Active Kapital that they acquired the account from Experto Credite Limited. Then, for nearly a year and a half we did not hear from them. After that, Active Kapital sent us the Last Letter Before Legal Proceedings dated 29th November, 2013. The balance outstanding was for 8,862.90!

By 20th December 2013 they filed to the County Court Bulk Centre in Northampton. My husband electronically defended the whole claim with reason that he ''çould not recall signing an agreement with MBNA'', which was true, as he could not remember if he ever sign anything with them, and we could not find any signed agreement with MBNA.

After he filed defence, Active Kapital took the case off till May 2014 when they said that they have got sufficient information to proceed.

Between May and August 2014 we had never received a form from the local County Court asking my husband when he would NOT be available to attend, as we knew his second operation to remove a tumour was due during the summer. So, in summer after his operation (second one out of possibly four), he went to stay with parents to rest. Now, when we were away, the Court finally sent the confirmation with the date for the upcoming hearing. On our return we found a judgement against him being entered by the Court. So, the Court ordered my husband to pay 12,193.70 + 335 for costs!

Since then, we have NOT paid a penny to Active Kapital. My husband asked the judge for Variation order, which was entered in October. Since then, he asked the judge for reducing the monthly payments even further. So, now, finally he has got an upcoming 10 minute hearing on 27th November.

Can he still do anything at this point (pity, I have not come across your site earlier)?

I mean, can we write to MBNA and ask them for statements, so as to dispute the amount that was eventually passed to MBNA (nearly 9 grant! - from where they took that figure?). Unfortunately, my husband signed the Court papers with the same signature that they produced on the agreement. Though, I am not entirely sure, if this agreement is totally valid, as the credit agreement is on a separate page, and his signature with date, credit limit (3500) and agreement number is on a different page.

His account with MBNA was opened on 27th May 2003 and the default date is 31st December 2009.

If we still can write to MBNA for that or something else, can my husband say to the judge that he is still dealing with the original creditor or something else? So, that he can gain time? He just needs another 14 months to pass to be let off this debt (please, don't take me wrong, we were paying all our debts whether minimum payments or in full for over 14 years until we got into serious health problems).

Could someone help us with that, please?

[Amethyst]

Re: MBNA - AKTIV KAPITAL Chasing

Hi

Okay getting the info firstly;

To obtain details of the charges you would need to ask MBNA to provide details of everything they hold about you including transaction lists that they hold, rather than statements. You do this with a Subject Access Request under the Data Protection Act - this costs £10.

Example:

[Your full address]
[Phone number]
[The date]

[Name and address of the organisation]

Dear Sir or Madam
Subject access request
[Your full name and address and any other details to help identify you and the information you want.]

Please supply the information about me I am entitled to under the Data Protection Act 1998 relating to:

• copies of all transactions made on any accounts held currently or historically
  
• copies of any agreements and accompanying terms and conditions
  
• etc etc
  

If you need any more information from me please let me know as soon as possible. I enclose the maximum statutory fee of £10.

It may be helpful for you to know that a request for information under the Data Protection Act 1998 should be responded to within 40 days.
If you do not normally deal with these requests, please pass this letter to your Data Protection Officer. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you and can be contacted on 0303 123 1113 or at www.ico.org.uk
Yours faithfully
xxxxxxxxxxxx

[Amethyst]

Re: MBNA - AKTIV KAPITAL Chasing

With regards the claim against you, you already know you could have applied to set aside the Judgment but we are sadly past that stage.

You mention you had a variation in October to installments - but you haven't paid anything as yet ?

The hearing on the 27th is to determine how much the instalment amounts should be. Have you got all your income and expenditure/assets & debts etc sorted for the hearing?

Do you own your own home?

Also, sadly, you won't be going Statute Barred. Once a court claim has been entered it resets the clock completely.

I would get the SAR sent off, see if there was PPI on the account, look at the charges etc and take things from there.

[strawberrybabe]

Re: MBNA - AKTIV KAPITAL Chasing

Hi Amethyst,

Thank you very much for the suggestion. I will write a letter to them today.

All the best,

strawberrybabe

[strawberrybabe]

Re: MBNA - AKTIV KAPITAL Chasing

[QUOTE=Amethyst;487679]With regards the claim against you, you already know you could have applied to set aside the Judgment but we are sadly past that stage. Can we still ask for a hearing though, and ask the judge to overturn the judgement? My husband never admitted to the claim (unless, asking for Variation Order is an admittance in itself)? The papers we were sent do not look entirely professional. On some of them there are no dates (e.g. acquisition of the debt from Varde). I can scan them for you. Also, his signature on what looks like an application rather than an agreement looks very neat whilst the rest of the document is hardly readable. Strangely, they sent him another copy of the same ''application'' with no signature on it. That one, actually looks very neat, I mean the background and everything. Separately, they sent T&Cs which they had never sent with the original in 2003 ( I also had an MBNA, and have all the paperwork, but there are none with T&Cs, again the paper I have looks like an application, not an agreement with signature and T&Cs on it).

I am curious at how long time should have passed between serving the Last Before Action Letter and the actual filing of the claim with the Bulk Court in Northampton. The letter we have from them quotes 29th November but it did not arrive until well after the beginning of December. Now, I remember, thinking to myself when it arrived, that I had had to deal with it (but we had lost a baby and I had a last minute emergency operation). I remember that possibly 10 consecutive days passed or something like, but not much longer than 14 consecutive days, after we received the Last Before Action Letter. And I think they filed the claim to Bulk Court on 21st or 22nd December. Should there have been a 14 working days period before they had filed it to the Bulk Court (I will double check the dates)?

The papers that he received, just before the hearing, which we only saw on our return from my parents, shows a signature but could have been photoshoped (seriously, my husband does not remember if he had signed anything in 2003). It looks more like a signature on an application form (can we ask for a true ORIGINAL copy of the signature?). He never corresponded with MBNA.

Before I go further, can I post the documents here after scanning?

You mention you had a variation in October to installments - but you haven't paid anything as yet ? The variation order ordered for the first instalment to be paid on 7th November. So, my husband asked the judge to reduce the installments as we cannot afford them (I lost my job, as it took me nearly a year to recover after my last-minute emergency operation). So, we have not pay anything, and are awaiting 27th November. Can we, actually, file an N244 and challenge the signature, as we have not seen the true ORIGINAL copy (and whilst we are awaiting the hearing, perhaps, we can still see, if e could challenge them on any other point)?

The hearing on the 27th is to determine how much the installment amounts should be. Have you got all your income and expenditure/assets & debts etc sorted for the hearing? He applied for a variation order, as we did not know what to do, and he was still recovering after his operation on a tumour that had attached to his elbow (this is already second operation on his elbow along the same line; to get better he will possibly need another operation, if it goes well, or couple - the surgeon says). So, he was confused as what to do after the judgement was passed in September.

Do you own your own home? No, we are renting. We nearly have no assets. On the application for variation of an order we put in the part 6. Income our incoming /outgoing.

Also, sadly, you won't be going Statute Barred. Once a court claim has been entered it resets the clock completely. I did not mean to have absconded from that debt from the beginning. Only my husband had had a lyme disease of which we had known nothing at the time. He had been seen many doctors and specialists who could not find anything wrong with him. Yet, he had not been feeling well at all, in fact he was deteriorating. Nearly on his last legs, finally, thanks to God, he was diagnosed by my aunt who ask him to find her information on Lyme Disease, as she recently had several patients with Lyme Disease. So, it was all off chance. Till then, during several years he had lost couple of jobs, and did not get promoted in the last one, as he could not concentrate – of the effects of Lyme Disease.

In 2009 I sought advice from CCCS. I prepared the budget and the list of creditors. Unfortunately, I do not know how that happened, but I erased my husband’s MBNA from it, as I thought that I had made a mistake, and he did not have an MBNA. CCCS did not ask for the credit card numbers, only to list the cards and the amounts owed. We still have all the MBNA papers for my account, strangely I cannot find the early information for his account, but I will have another look round. So, this how it happened that he did not pay for nearly 4 years, until the Aktiv Kapital filed the claim against him with the Bulk court in December 2013.
I will send the SAR letter. He did not have any PPI. What is of my concern is that those papers do not look professional, and I wonder if there are some flaws in them?

Thank you so MUCH, Amethyst, for looking into this and for all your help!

strawberrybabe