Mahala -v- Aktiv Kapital - CCJ DISMISSED

[WendyB]

Re: Mahala -v- Aktiv Kapital - CCJ DISMISSED

Well done both of you. No worries about that over Christmas now, just chill out and have a good time.

Wendy x

[Celestine]

Re: Mahala -v- Aktiv Kapital

Please can you change the title to "Mahala v Aktiv Kapital - CCJ DISMISSED!!"

or something along those lines.

*does a little dance* I won! Just like to add my heartfelt thanks to my hubby Stonelaughter for helping me through all of this. Couldn't have done it without him.

awwwwwww good on you guys!:congrat:

[Guest]

Re: Mahala -v- Aktiv Kapital - CCJ DISMISSED

Well done to both of you - excellent result.

[Nattie]

Re: Mahala -v- Aktiv Kapital - CCJ DISMISSED

I joined the party late but congratulations and keep us updated of any further correspondence.

[StoneLaughter]

Re: Mahala -v- Aktiv Kapital - CCJ DISMISSED

Well well well. No more news from AK. BUT - Mahala's checked her credit record and on ALL THREE agencies, her file is CLEAR. No Judgement, no Default and no outstanding balance. It seems that it is all over...!!!

{EDIT} She didn't have to do anything to achieve this; it seems the Court has done this on her behalf...

[Amethyst]

Re: Mahala -v- Aktiv Kapital - CCJ DISMISSED

Nice one

Lovely simple end then xxx

[mahala]

Re: Mahala -v- Aktiv Kapital - CCJ DISMISSED

and just when we thought it was safe ....

Two weeks ago, AK wrote to me telling me the the debt was still outstanding and asking me how I would like to pay. I called and reminded them of the court case above, which they claimed to have no knowledge of. They stated that the debt was still payable. Today I have another letter from them telling me to pay up:



"We wrote to you recently about the money you owe us.

You have an oustanding balance of £575.98. We need to receive your proposals on how you will be paying this account.

We did make you a generous offer to repay the balance. We do appreciate in these difficult times that it can be extremely difficult to consider this account.

Your options

We have two options to help you:

1. We will accept £144.00 to clear this in full if it is paid before the end of the month.
2. We will accept £201.59 to clear this in full if you reply it over the next three months.

You need to call us and advise us which option you prefer.

This really is a fantastic opportunity to clear this debt, and one not to be missed. If we do not hear from you we will ask our Specialist Collection Team to recover the money."




So. I prefer secret option 3, which is telling them to whistle, but what's the best way of approaching this? Given that, in preparation for the court case above, AK, GE Capital and CL Finance all said they had no records pertaining to this debt, including payments that were made, although they agreed payments were made, when it was sold/bought and the like, I think they'll have a pretty hard time persuing it.

What do I tell them?

(is there something in the air? I got a letter from another DCA today for a debt that I was told was finished with - over 7 years ago! Are DCAs feeling the pinch in these "difficult times"?)

[Guest]

Re: Mahala -v- Aktiv Kapital - CCJ DISMISSED

First of all, do not call them again. Ever.

Secondly, the court claim was dismissed, but that does not mean the debt no longer exists. A debt is a property right referred to in law as a chose in action. A chose in action means `a thing that can be sued for` and is an actual capital resource. It exists where there is an entitlement to receive a sum of capital at a future date, for example a debt.

I should imagine that you will not have any difficulty in dealing with this, given that there has been no paperwork from AK, GE or CL and on that basis, why not send them a letter (remember, no telephoning) expressing your surprise that they have contacted you and informing them that you do not acknowledge any such debt.

Finally, how long ago did you make the last payment on this account?

[mahala]

Re: Mahala -v- Aktiv Kapital - CCJ DISMISSED

last payment was, i believe, 2001. We have been in communication on and off u ntil 2006. This is the first I've heard from them in 3 years. I've just re-read all the old info on this and now remember that the debt is still unenforceable because they failed to repsond to a CCA disclosure request in 2006 and before that the debt was in dispute because payments that were made were not credited to the account - we had proof of the standing order payments and they eventually agreed that they had been made.

[Guest]

Re: Mahala -v- Aktiv Kapital - CCJ DISMISSED

When was the last time you actually acknowledged that there was a debt?

If it is 2001, when you made the final payments (presumably these stopped in 2001 when the direct debit payments stopped as per post #9 above) then the debt is statute barred, provided that you did not accept anything was owed at any time during your dealings with them up to 2006.

[mahala]

Re: Mahala -v- Aktiv Kapital - CCJ DISMISSED

right I need to dig out all the paperwork then *looks around at the boxes of all our wordly goods packed ready for storage* Ho hum :tinysmile_hmm_t2:

[Curlyben]

Re: Mahala -v- Aktiv Kapital - CCJ DISMISSED

Just catching up with this after the rep you left for me.
As Cetelco says NEVER call them EVER.

They will say anything to get an acknowledgement from you, but that being said it appears to be completely statute barred.
Now let me clear something up here, at least in my own mind.
Are AK acting on behalf of CL in all of this.
If so then totally ignore them as they wont be taking any further action, ever.

Even if they aren't, I'd just point out the SB'd status and that should be it.
You've already read my SB thread I see

I had fun with Thames Credit (part of AK) on a SB'd debt and they folded rapidly after I told them that fact..

[watchdogpup]

Re: Mahala -v- Aktiv Kapital - CCJ DISMISSED

urm...its not on credit file as its probably dropped off..if it defaulted pre 2002? so urm...the ccj prob wouldnt have been on there either.and it wouldnt be enforceable due to age so not sure why you needed to go to court.

Cab could have written you a letter for free....oh well ...also as it was statute barred you didnt even need to go to court..hope you didnt pay to go to court over something that would have cost you a stamp or free visit to cab...

If anyone needs debt advice go to the cab its free you guys.......no need for court and fees and calls to companies ...cab is freeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee

[StoneLaughter]

Re: Mahala -v- Aktiv Kapital - CCJ DISMISSED

Dude you SO haven't read the thread. The CCJ was entered by default in February 2003 when Howard Cohens sent the paperwork deliberately to the wrong address so Mahala didn't even know about it. We went to court to get it set aside. The Judge not only set it aside, he dismissed the Claim.

Immediately following our visit to court, the CCJ disappeared off the credit reports.

[mahala]

Re: Mahala -v- Aktiv Kapital - CCJ DISMISSED

Anyway, I sent a letter to both DCAs using the templates on here, and both have written back already confirming that the accounts are now closed and agreeing that they are statute barred.

So happy days


watchdog, the case was more complicated then your reply allows for, and there was a need to go to court, for several reasons. Letters had had no effect and so the cost of several stamps had not done the job. Taking them to court cost very little and removed a huge weight from both my mind and my credit file, so money well spent, in my opinion.