MBNA - Aktiv Kapital x 2

[JammyDodger41]

Re: MBNA - Aktiv Kapital x 2

Hi All,

I hope you are well. Hope you don't mind me popping back yet again for more advice re these two accounts.

Since my last post all has been quiet until just before Christmas when the phone calls began again on the home phones and mobiles which we use for our business. The calls were coming from PRA Group who I understand have acquired Aktiv Krapital ? I haven't actually answered any of the calls, but my husband has ,although when asked to go through security he refused and also has not confirmed any personal information to them. We then received a letter with regards to Account number 1 basically just asking us to ring them, confirm our details and pay them.

My question is how we deal with this , as the phone calls are driving me a bit mad, makes it very difficult when working as to figuring out which calls to answer and which not to ,as they are also using a variety of different numbers to contact us from and also mobiles. If I write to them and ask them to remove our numbers etc and ask them to stop calling, I am beginning communication once more which we were trying to avoid, or do I once more send the Prove It letters . I assume that regardless of all this communication back and forth with Aktiv Krapital this is now null and void in their eyes ?

What would be the best tactic please in your opinion ?

Many Thanks once more for your advice.

Do I assuem that as

[Mineral1]

Re: MBNA - Aktiv Kapital x 2

Protection from Harassment Act 1997 - Damages - NEW TEMPLATE - Roberts v BoS[2013]

[Mineral1]

Re: MBNA - Aktiv Kapital x 2

Make a written log of phone calls time date etc etc, if they carry on after you write and tell them to desist then they will be in sh@t!!
:tinysmile_grin_t:

[JammyDodger41]

Re: MBNA - Aktiv Kapital x 2

Thanks Mineral.

We sent the letters requesting no phone contact three years ago when it was with Aktiv Krapital and they stopped immediately, but they appear to be ignoring that now that they are PRA. If I write, is that classed as starting up contact again though as we were trying to get these statue Barred and I thought we had to have had no contact whatsoever for six years. Please feel free to correct me if I am wrong or have my wires crossed. This is the reason why I havent complained about Harassment yet.

Thankyou. I will take a read of the link you have sent also

[nemesis45]

Re: MBNA - Aktiv Kapital x 2

Refer PRA to the Appeal Court Judgement (2014) in Roberts - v - BOS which has clearly defined at what point and a what level harassment is caused after an entity has been instructed to cease telephone contact.
The " contact " referred to is easily defined as " an Unequivocal Written Acknowledgment of a Debt",.

So any communication must refer to " the alleged debt" and contain the phrase "I do not acknowledge any liability for the alleged debt".

[JammyDodger41]

Re: MBNA - Aktiv Kapital x 2

Thankyou for your advice above Menemis, sorry for the delay in responding to you.

I have today received a letter from PRA re the higher of the MBNA debts statign that they are now passing the account to their solcitors Judge and Priestley with a view to a court claim being issued against us. I have not made contact with PRA so far, not since they began contacting us in December last year, but am thinking that I may now have to do so. We sent the prove it letters when it was Aktiv Krapital but they seem to think that now they are PRA the fact that they coudlnt provide us with the original CCA is irrelevant and it appears that we need to begin the whole prove it process all over again.

Would anyone reading be able to give me your thoughts on this please ?

[JammyDodger41]

Re: MBNA - Aktiv Kapital x 2

On second thoughts I could just send them copies of the prove it letters sent to AK in 2013 ?

[nemesis45]

Re: MBNA - Aktiv Kapital x 2

Hello again!!
Send prove it letter to PRA and a CCA request under separate cover (don't forget the £1 fee cheque or postal order endorsed " for statutory fee only".
Let's see what they come up with this time.

nem

[JammyDodger41]

Re: MBNA - Aktiv Kapital x 2

Thankyou again Nemesis !! I have a feeling I will keep on popping back up for a while with this.

So, you dont think its worth me just sending copies of the last three letters to AK rather than starting again with PRA ?

[JammyDodger41]

Re: MBNA - Aktiv Kapital x 2

I'm back again for more advice please. This lot just wont go away !

After my posts above, I sent another Prove It letter / CCA request for the larger of the two accounts along with copies of letters between myself and (as it was then ) Aktiv Kapital, re this alleged debt to PRA and they have not responded to any of these letters. Today though I have received another letter, this states that they have apparently carried out investigations into my personal circumstances to determine the best course of action to recover the debt in full. Their choices they believe are 1) begin legal action to recover the full balance, or 2) Passing the account for a home visit by a debt collector to arrange a suitable repayment plan. I'm not too concerned by this,as I very much doubt that they will do either, but should I just file this one, or refer them back again to my CCA request . What would you advise please ?

The second letter I received today was from Judge and Priestley re the second smaller debt. I dont think they have pursued this one recently, but this has appeared out of the blue. They say they have been instructed by PRA to recover the debt in full. Shall I refer J&P back to my CCA request in 2013 re this account or send them a Prove It letter as well, or ignore it, or last option go back and challenge PRA over this latest development please ?

Sorry once more for bothering you all again, any advice as always gratefully appreciated.

[MIKE770]

Re: MBNA - Aktiv Kapital x 2

Their usual A.K. missive, a load of rubbish = investigation in your circumstances! somebody just pressed button B for next harassment letter.


J&P refer them to CCA1974 request of date xxxxx or a prove it letter, Nemises will be here shortly no doubt to advise!

[ODC]

Re: MBNA - Aktiv Kapital x 2

As Mike says. Pure unaduterated BS from these Cretins. They try to scare people into thinking they are something more than a bunch of toothless bully boys and threat monkeys.. Usual DCA full of ifs and maybe's.

[JammyDodger41]

Re: MBNA - Aktiv Kapital x 2

Mike and ODC, many thanks for your replies above, had a bit of a family emergency and this is the first chance I have had to log back in.

I referred J&P back to the previous CCA request as you suggested and also enclosed a copy of previous correspondance with regards to this. Due to family problem I didnt manage to send the letter until the 27th May unfortunately. This was sent recorded delivery so would have been received on the 28th May . Today I have received a Court notice dated the 28th May with 14 days to respond with an additional £265 added for Court and Solicitors fees and £600 in interest. They have sent a response pack, but I am unsure where we go now with this now. Any help as usual much appreciated please.

[JammyDodger41]

Re: MBNA - Aktiv Kapital x 2

Just to add, I have checked the Royal Mail tracking and J&P signed and received my CCA Request letter at 08.24am on the 28th May and filed for this court order on the same day.

[MIKE770]

Re: MBNA - Aktiv Kapital x 2

you must register thru MICOL on line and that you wish to defend, that gives you a further 28 days. pity about the delay in sending reminder about the CCA request, anyway you can CPR31.14 . include the CCA1974 agreement, also for all documents referred to within the contents of the N1 court form BUT only the listed documents listed.

all I can advise at this stage, No CCA1974 then then they have to slow down and produce one if the CCA1974 is pre-2007.

Nemisis must be busy but he will no doubt guide you further on this, but do acknowledge claim as above but do not admit it.