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Hi everyone
Please could someone advise me on my next step - I will give a short history - I discovered I had 3 x defaults by Aktiv Kaptal last July default dates 2004 - I knew nothing of these debts and had never heard of Aktiv Kapital.
I requested the cca and default notices and this has been going on for over a year now with no cca or defaults notices ever received.
In October as I was getting nowhere so I decided to try and get them removed via the courts.
I filled out my N1 with the following POC.
I, rubmilljess hereafter referred to as the Claimant, and litigant in person do hereby make this statement and Particulars of Claim from my own knowledge and experience.
1. Claimant is alleged tohold3 agreements with the Defendant, numbered XXXX / XXXX / XXXX debts that the Defendant continues to pursue.
2. 3 “defaults” appear on the Claimant’s credit reference file relating to the alleged agreements.
3.The Defendant;
a) Has defaulted on his obligation to respond to a request from the Claimant pursuant to s.77(1) & s.78(1) Consumer Credit Act 1974, under which the alleged agreement is alleged to operate;
b) Has applied the “Default” without complying with the requirements of s.87 Consumer Credit Act 1974
c) Continues to process data regarding the alleged default with Credit Reference Agencies.
4. The Claimant has suffered damage, namely unable to obtain any credit for business purposes and an increase in Interest rates and monthly payments made to other Creditors, due to the adverse credit information since being recorded by the Defendant.
5. The Claimant respectfully seeks;
a) A declaration that the debt is unenforceable under the Consumer Credit Act 1974;
b) Rectification, blocking, erasure or destruction of the inaccurate data, which the Court can order under s.14 Data Protection Act 1998 – including details passed to the Credit Reference Agencies.
c) Costs and damages at the discretion of the Court.
I received Aktiv Kapital defence with 3 credit agreements/applications attached I was not expecting any agreements to turn up the debts are all statue barred.
Need help on what to do next ????
I will post up the defence and agreements they sent
rubmilljess
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My AQ needs to be in 23/12/08 - but I really dont know what to do now as they have sent the application/agreements??. I also asked for the notice of assignment and statement of accounts but nothing again. They kept replying they dont have to provide anything as not the original creditor.
The sar they sent does not have any agreements/notice of assignments/statement of accounts.
I also had 3 ccj's relating to the same debts by CL Finance with I had set aside as they did not provide any documents when the court ordered them to.
Thanks
xx
Please could someone advise me on my next step - I will give a short history - I discovered I had 3 x defaults by Aktiv Kaptal last July default dates 2004 - I knew nothing of these debts and had never heard of Aktiv Kapital.
I requested the cca and default notices and this has been going on for over a year now with no cca or defaults notices ever received.
In October as I was getting nowhere so I decided to try and get them removed via the courts.
I filled out my N1 with the following POC.
I, rubmilljess hereafter referred to as the Claimant, and litigant in person do hereby make this statement and Particulars of Claim from my own knowledge and experience.
1. Claimant is alleged tohold3 agreements with the Defendant, numbered XXXX / XXXX / XXXX debts that the Defendant continues to pursue.
2. 3 “defaults” appear on the Claimant’s credit reference file relating to the alleged agreements.
3.The Defendant;
a) Has defaulted on his obligation to respond to a request from the Claimant pursuant to s.77(1) & s.78(1) Consumer Credit Act 1974, under which the alleged agreement is alleged to operate;
b) Has applied the “Default” without complying with the requirements of s.87 Consumer Credit Act 1974
c) Continues to process data regarding the alleged default with Credit Reference Agencies.
4. The Claimant has suffered damage, namely unable to obtain any credit for business purposes and an increase in Interest rates and monthly payments made to other Creditors, due to the adverse credit information since being recorded by the Defendant.
5. The Claimant respectfully seeks;
a) A declaration that the debt is unenforceable under the Consumer Credit Act 1974;
b) Rectification, blocking, erasure or destruction of the inaccurate data, which the Court can order under s.14 Data Protection Act 1998 – including details passed to the Credit Reference Agencies.
c) Costs and damages at the discretion of the Court.
I received Aktiv Kapital defence with 3 credit agreements/applications attached I was not expecting any agreements to turn up the debts are all statue barred.
Need help on what to do next ????
I will post up the defence and agreements they sent
rubmilljess
------------------------------- merged -------------------------------
------------------------------- merged -------------------------------
My AQ needs to be in 23/12/08 - but I really dont know what to do now as they have sent the application/agreements??. I also asked for the notice of assignment and statement of accounts but nothing again. They kept replying they dont have to provide anything as not the original creditor.
The sar they sent does not have any agreements/notice of assignments/statement of accounts.
I also had 3 ccj's relating to the same debts by CL Finance with I had set aside as they did not provide any documents when the court ordered them to.
Thanks
xx
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