AKTIV KAPITAL HASSLING US

[CleverClogs (RIP)]

Re: AKTIV KAPITAL HASSLING US

Still threatening door step visit

They're all mouth and shoddy, Primark trousers.

Discount for settlement has increased from 10% to 35%.

They know that they don't have a hope in hell of making you pay.

I ... would be grateful if you could advise me to do next?

Keep a squeezy bottle of water by the door; if they should send some goon round, you can soak the front of his trousers through the letterbox, making him look as if he'd wet himself.

[tiredofdebt]

Re: AKTIV KAPITAL HASSLING US

They're all mouth and shoddy, Primark trousers.


They know that they don't have a hope in hell of making you pay.


Keep a squeezy bottle of water by the door; if they should send some goon round, you can soak the front of his trousers through the letterbox, making him look as if he'd wet himself.

Hi all

Ok, they are back!

This time in the guise of Judge & Priestley Solicitors.

In a nutshell, they say that if we don't settle the debt within 7 days or provide them with a good reason why we are not settling, then they will start proceedings.

Should I send a template letter to these new characters, and if so which one?

Thanks to anyone who can help!

TOD

[Deepie]

Re: AKTIV KAPITAL HASSLING US

Hi all

Ok, they are back!

This time in the guise of Judge & Priestley Solicitors.

In a nutshell, they say that if we don't settle the debt within 7 days or provide them with a good reason why we are not settling, then they will start proceedings.

Should I send a template letter to these new characters, and if so which one?

Thanks to anyone who can help!

TOD

Have a look here ASAP ----> Letter before action letter

Just edit to suit......

[mike'y]

Re: AKTIV KAPITAL HASSLING US

I do love this forum Hmm, to delay and then delay the delays and then send the £1 cca request or do it now and hope they don't act upon it?decisions, decisions.

OP you're in good hands.

[tiredofdebt]

Re: Letter before action letter

Thanks Deepie

Not sure if you can see this copy of the letter. Do you think the template you suggest would be best to send, or slightly modified. As you can see, the debt has been sold to AK by Nationwide who have never provided a CCA (they said that the signature on the request did not match)

What do you suggest?

[Deepie]

Re: Letter before action letter

Thanks Deepie

Not sure if you can see this copy of the letter. Do you think the template you suggest would be best to send, or slightly modified. As you can see, the debt has been sold to AK by Nationwide who have never provided a CCA (they said that the signature on the request did not match)

What do you suggest?


[ATTACH=CONFIG]10894[/ATTACH]

Dear Sirs,

Ref: xxxxxxxx

Thank you for your letter of the 4th December 2013, which for the avoidance of doubt is being treated as a formal letter before action.

I refer you to the Practice Direction-Pre-Action Conduct (“PD-PAC”). In particular I refer you to paragraph 1 of PD-PAC which states that its purpose is to “enable the parties to settle the issues between them” and to encourage the parties to “exchange information”. Compliance with the PD-PAC will mean that proceedings will be avoided if possible and cases that proceed to trial are dealt with efficiently.

The court will take into account failure to comply with PD-PAC. I put you on notice that I have asked for copy documents and that you have failed to send copies of them to me. If proceedings are issued I will therefore inform the court of this and ask that sanctions are imposed for this failure and in this regard I refer you to paragraph 4.4 (4) PD-PAC which lists as an example of non-compliance with PD-PAC a circumstance where a party has - “without good reason, not disclosed documents requested to be disclosed”.

Paragraph 2.2 (1) of Annex A of the PD-PAC places on you an obligation to “list the essential documents on which the Claimant intends to rely” in your letter of claim. I could not identify any such list in your letter of claim. Please list your documents so that I can see the case against me and request copies of anything that I need to assist me in narrowing the issues in this matter.

You will note that paragraph 3.2 (3) of Annex A of the PD-PAC permits me to “request further information to enable (me) to provide a full response”. In this instance that request is in the form of a request for documents as the information that I seek is within those documents. Paragraph 5.1 of Annex A states that you should “provide the documents requested by the defendant within as short a period of time as is practicable or explain in writing why the documents will not be provided”.

For the avoidance of doubt the documents that I require to be sent to me are as follows:

1. A copy of the original credit agreement;
2. A copy of the Default Notice;
3. A copy of the Termination Notice;
4. A copy of the Notice of Assignment;
5. Copies of statements;
6. Copies of any communication between yourselves and the creditor.

The documents listed above are all ones that I would expect to be disclosed during the course of proceedings and which would likely be in your possession when drafting a claim in any event so their production to me should not cause any difficulty to you. If you do consider that there is difficulty in providing a copy of a document please identify that document and the reason for its non disclosure at this stage.

You will no doubt be aware that in addition to the PD-PAC requirements there is an additional responsibility to supply documents which is imposed by the Consumer Credit Act 1974 (“CCA 1974”). A request was made under s.77 on the 12th December 2013 and this has not been complied with. The agreement is therefore rendered unenforceable whilst that failure to comply remains outstanding. To issue proceedings in such circumstances would be premature and would be met by an application by me to strike out the claim as having no prospect of success.

Upon receipt of the documents requested and your reply to the above I will respond with the grounds for my defence so that the issues can be identified.

I am willing to consider ADR upon receipt of full disclosure of documents. I cannot consider it before then as I will not have the full information before me. Failure to provide full disclosure may therefore result in an opportunity for ADR to be missed.

You will no doubt be aware of paragraph 9.7 of PD-PAC. It is my view that you will be unable to state that there has been the required compliance in the absence of full “cards on the table” disclosure of documents before proceedings have been issued.

I anticipate being able to provide you with a full response to your aforementioned letter within 14 days of receipt of the documents listed above and also reserve the right to refer to the contents of this letter if proceedings are issued without first providing copy documents to me.

Yours sincerely,




Sign Digitally

I'd send as it is just edit the bits in red ......

[tiredofdebt]

Re: Letter before action letter

Thanks Deepie

Do you not think I should modify it a little, as I have'nt actually requsted copy of CCA etc yet from JP (just Nationwide some time ago)

BR

TOD

[Deepie]

Re: Letter before action letter

Thanks Deepie

Do you not think I should modify it a little, as I have'nt actually requsted copy of CCA etc yet from JP (just Nationwide some time ago)

BR

TOD

You will no doubt be aware that in addition to the PD-PAC requirements there is an additional responsibility to supply documents which is imposed by the Consumer Credit Act 1974 (“CCA 1974”). A request was made under s.77 on the 12th December 2013 and this has not been complied with. The agreement is therefore rendered unenforceable whilst that failure to comply remains outstanding. To issue proceedings in such circumstances would be premature and would be met by an application by me to strike out the claim as having no prospect of success.



So you did request it ........

[tiredofdebt]

Re: Letter before action letter

Will I need to roughly check what date I first requested the CCA from Nationwide?

BR

TOD

[Deepie]

Re: Letter before action letter

You will no doubt be aware that in addition to the PD-PAC requirements there is an additional responsibility to supply documents which is imposed by the Consumer Credit Act 1974 (“CCA 1974”). A request was made under s.77 on the xx/xx/xxxx and this has not been complied with. The agreement is therefore rendered unenforceable whilst that failure to comply remains outstanding. To issue proceedings in such circumstances would be premature and would be met by an application by me to strike out the claim as having no prospect of success.



So you did request it ........

Will I need to roughly check what date I first requested the CCA from Nationwide?

BR

TOD

Yes you need to fill the red bits in......

[tiredofdebt]

Re: Letter before action letter

Hi Deepie

I have had the house upside down, but can't find when we requested the CCA from Nationwide.

Can I just reword it, along the lines of:

"A request was made to Nationwide, some 18 months ago under s.77 and this has not been complied with. The agreement is therefore rendered unenforceable whilst that failure to comply remains outstanding. To issue proceedings in such circumstances would be premature and would be met by an application by me to strike out the claim as having no prospect of success"

The debt was assigned to AK in March 2013.

Thanks DeepieTOD

[Deepie]

Re: Letter before action letter

Hi Deepie

I have had the house upside down, but can't find when we requested the CCA from Nationwide.

Can I just reword it, along the lines of:

"A request was made to Nationwide, some 18 months ago under s.77 and this has not been complied with. The agreement is therefore rendered unenforceable whilst that failure to comply remains outstanding. To issue proceedings in such circumstances would be premature and would be met by an application by me to strike out the claim as having no prospect of success"

The debt was assigned to AK in March 2013.

Thanks DeepieTOD

OK yes send like that for now but needs doing ASAP........

If it were me I'd do a new CCA request as well to AK.....

[tiredofdebt]

Re: Letter before action letter

Thanks Deepie

It will go today!

I will let you know how it progresses

BR

TOD

[tiredofdebt]

Re: Letter before action letter

Hi all you good people

J&P have sent an acknowledgement dated 18/2/14 advising us that they have received our letter (see #51) on 18/01/14 and that a request has been made by Aktiv Kapital to the original creditor (Nationwide) for the relevant documentation.

Should we just sit and wait now, or send another letter?

Thanks guys

TOD

[Undercover Elsa]

Re: AKTIV KAPITAL HASSLING US

Sit tight now TOD
Let us know what they send next, but it could be a while...