Sunlover1466's UE diary

[sunlover1466]

Hi Niddy,

Back in June I posted on the 'other' site regarding a Barclaycard credit card for which you gave me advice to send a CCA request which I did. I also sent CCA requests for two other accounts and up to today all had been going well ie collection activity put on hold until the information requested had been found.
Today however I received my first stumbling block and hope you can advise as to what I should do next.


Here is a history of the accounts so far:

Barclaycard

1.Type of account : Credit Card
2.Date commenced : approx 2004
3.Approx balance : £3510.53
4.Date last paid : 2007
5.Are you on arrangement or not paying : Not paying
6.Status : Default
7.Account owner : Aktiv Kapital


June Sent CCA request to Mackenzie Hall
June Letter received from Aktiv Kapital saying account had been returned to them from MH and collection activity has been put on hold

[sunlover1466]

Re: Sunlover1466's UE diary

Kays Lifestyle

1.Type of account : Catalogue
2.Date commenced : approx 2002
3.Approx balance : £1645.58
4.Date last paid : 2007
5.Are you on arrangement or not paying : Not paying
6.Status : Default
7.Account owner : Fredrickson (on behalf of Phoenix Recoveries (UK) Ltd)

October Letter before action letter received from Fredrickson
October CCA request sent
October Account put on hold pending receipt of information

[sunlover1466]

Re: Sunlover1466's UE diary

Dorothy Perkins

1.Type of account : Store Card
2.Date commenced : approx 2003
3.Approx balance : £1487.23
4.Date last paid : 2007
5.Are you on arrangement or not paying : Not paying
6.Status : Default
7.Account owner : Aktiv Kapital (on behalf of CL Finance Ltd (Ex GE Capital))

October 2010Letter received from AK offering 35% discount to clear account
October CCA request sent
October Copies of statements received
October Photocopy of application/agreement with signature received
November Letter to Aktiv questioning validity of agreement
November Letter from Aktiv saying the validity of the agreement has already been before a judge and the debt deemed due and owing
March 2011 Letter received from AK saying they'd like to speak to me about the debt
March Letter from AK offering me one of their 'New Deal' deals
March Letter from AK offering 35% discount to clear account
March Letter from AK reconfirming the offers made to me
April Letter from AK threatening to pass the account to a field agent to pay a visit - Letter sent to stop this from happening.
April Letter from AK saying they will only now contact me in writing and that they have contacted CL Finance to obtain a copy of the CCJ
May Letter from AK saying they are still waiting for they information from CL Finance
Would you like me to email you a copy Niddy?

Many thanks!

[Never-In-Doubt]

Re: Sunlover1466's UE diary

Barclaycard

June Letter received from Aktiv Kapital saying account had been returned to them from MH and collection activity has been put on hold

Have you heard anything since June? Also, have they ever sent you a CCA and what have you done to date, i.e. have you sent a CCA request yet? Please advise - thanks.....

[Never-In-Doubt]

Re: Sunlover1466's UE diary

Kays Lifestyle

October Account put on hold pending receipt of information

Ok, let me know when they do respond..... They won't find an agreement, they rarely do! ;-y

[Never-In-Doubt]

Re: Sunlover1466's UE diary

Dorothy Perkins

October Copies of statements received
October Photocopy of application/agreement with signature received

Would you like me to email you a copy Niddy?

Yes please! Just send me exactly what they sent you without blocking bits out and ensure you put your username in the subject line so I know it is you.

Thanks

[sunlover1466]

Re: Sunlover1466's UE diary

Barclaycard

June Letter received from Aktiv Kapital saying account had been returned to them from MH and collection activity has been put on hold

Have you heard anything since June? Also, have they ever sent you a CCA and what have you done to date, i.e. have you sent a CCA request yet? Please advise - thanks.....

Hi Niddy, once we had sent the CCA request to Mackenzie Hall in June, the only correspondence received after this was from Aktiv Kapital also in June saying that MH had returned the account to themselves and that whilst the account 'has been passed to our specialist relations team', collection activity had been put on hold. Heard nothing since.

[sunlover1466]

Re: Sunlover1466's UE diary

Dorothy Perkins

October Copies of statements received
October Photocopy of application/agreement with signature received

Would you like me to email you a copy Niddy?

Yes please! Just send me exactly what they sent you without blocking bits out and ensure you put your username in the subject line so I know it is you.

Thanks

Copy sent.

Thanks!

[Never-In-Doubt]

Re: Sunlover1466's UE diary

Hi Niddy, once we had sent the CCA request to Mackenzie Hall in June, the only correspondence received after this was from Aktiv Kapital also in June saying that MH had returned the account to themselves and that whilst the account 'has been passed to our specialist relations team', collection activity had been put on hold. Heard nothing since.

Ok, so continue to ignore - it is unenforceable until such time they do respond.....

:UE

[Never-In-Doubt]

Re: Sunlover1466's UE diary

Copy sent. Thanks!

Looking at your image, I have doubts as to the actual legitimacy of the form they sent you. Can you remember whether you signed the front of the form like that? Put simply, look at your image and tell me what is wrong?

The bottom box is squint, yet the rest of the page is square and aligned - that suggests to me that they have copied and pasted the bottom (signatory part) on there - also in 2003 it would be rare for them to add the prescribed terms so clearly on page 1.

I suspect this has been tampered with - try and remember back to when you were in the store; was that bottom box there when you signed......... ;Hmm ;Hmm

[sunlover1466]

Re: Sunlover1466's UE diary

Hi Niddy, unfortunately I cant remember anything about the application form. I have done a bit of Googling though and came up with another copy of a Dorothy Perkins application form from 2004 (found on The Consumer Action Group forums) that unfortunately looks very similar to the one I have sent you. Doesn't look very promising does it? ;F-

http://img25.imageshack.us/img25/7000/ccac.jpg

[Never-In-Doubt]

Re: Sunlover1466's UE diary

Hi Niddy, unfortunately I cant remember anything about the application form. I have done a bit of Googling though and came up with another copy of a Dorothy Perkins application form from 2004 (found on The Consumer Action Group forums) that unfortunately looks very similar to the one I have sent you. Doesn't look very promising does it? ;F-

http://img25.imageshack.us/img25/7000/ccac.jpg

Yours was taken at the same time, yours looks different at the bottom, that is what i'm saying - to me, yours looks like that bottom bit was added at a later date cos the actual curves in the box are squint in comparison with the rest of the page.

Anyway, don't worry too much about it - this is a small debt so easy to negotiate if necessary - in the meantime you ought to blag it and see how far they are prepared to go; just keep us updated with progress and send this, in the meantime: ---> viewtopic.php?p=1629#p1629

[sunlover1466]

Re: Sunlover1466's UE diary

Hi Niddy, sent the letter you advised re Dorothy Perkins and have received a reply from AK. Basically it says that 'the agreement has already been before a Judge and it has been deemed that the balance of the account is due and owing'. It also says that a CCJ was obtained against me in Sep 2007, over 3 years ago and with no knowledge to myself! I received no letters from the court prior to Sep 2007 ,nothing up to when i left my previous address early 2009 and nothing up until now. I have now checked my credit report and there is indeed a CCJ against me in Sep 2007, but I guess it hasn't been enforced by the courts yet as I've had no threats of a door step visit? I don't own my own home, its my partners and we have no link financially. The letter ends that they await my payment proposals so I guess I have no choice as to my options now?

One piece of good news (I hope!) on my credit report is the absence of any record relating to Barclaycard (or anyone else) for £3510.53? Do you think it is likely that it has been written off, but if it has wouldnt it still show somewhere on my report?

Many thanks for your help!

[Never-In-Doubt]

Re: Sunlover1466's UE diary

Hiya

Ok, well ignore them. They cannot do much, just means that you'll struggle with credit for another 3 years, well its 6yrs from date of action so will be 2013. I'd not bother arguing, it's too far gone so let it fall off in 3yrs.... don't contact them again.

The fact they got a ccj does NOT mean the judge deemed it enforceable, it simply means they took action whilst you were not not present so a judgment is always issued in such cases - they can be set-aside but i'd leave it, its not worth them getting it again.....

[sunlover1466]

Re: Sunlover1466's UE diary

Ok, won't contact them again.

Thanks for all your help Niddy, I've been worrying myself sick over all this.