Aktiv Kapital and charge on house

Robinson40

Hi, i have had a torrid day with Aktiv Kapital. I have found that after my husband left a couple of years ago that i have found a debt that was relative to an old HSBC loan that was taken out, i dont remember my name being on it and to be honest i dont remember it at all. I emailed them to ask for confirmation of the debt, the amount outstanding , the amount of interest they were charging etc as i saw on my credit file that they obviously were. I have in good faith shown them my income and that information proving my change of name etc. I sent them the copy of the decree nisi and also the birth cert, they could open the decree but said they couldnt open the birth cert so couldnt change my name on the file? i asked for proof that my name was on the file they sent me a jpeg of a screen dump that was to do with their system. i said sorry i have to be sure that if i pay the debt that i am actually liable but when it came to it i got an email that stated they would no longer be chasing the debt as they couldnt find the original document and neither could the original company HSBC. I asked that due to there being a CCJ and a charge on the property what does this mean, they returned with they could not answer this as they file had been passed to the complaints department for investigation. could someone tell me what the situation is if they still cant find the file and if there is a time limitation on the investigation before they have to accept that they are wrong and will that mean they have to remove all adverse credit due to lack of supporting documents? the debt was apparantly from back in around 2002, but no one can confirm all of this? i am desperate to get this debt sorted as i am now single with three children one being disabled. the other parent doesnt pay any maintenance and i have paid most of the other stuff off this is the last one which is increasing daily the current balance is £9680 from the original debt of £7800. thankyou for your time.

handyman123_2

Hi Robinson 40. It sounds like you have sent the prove it letter.
Firstly a couple of years ago a DCA stung my missus for a debt that they said she had garanteed for her Ex. Nothing of the sort.:mad: Still in those day's we didn't know better and so paid up £20.00 per month.
From what you say the debt is Statute Bared anyway (if it runs back to 2002 and no payment or acknowledgement for 6 years).

A fuzzy screenshot isn't acceptable. Have a look at the following link.
http://forums.moneysavingexpert.com/showpost.php?p=24040085&postcount=1

The templates can be adjusted to suit your situation. I would re- submit the Prove it first, letting them know that you know your rights and that what they have supplied would not be acceptable.

As a previous poster replied to another case, check your credit record and find out if there is actually a CCJ or charging order against you.

Aktiv Krapitall are well known for bluff and half truths. If it turns out that the CCJ is against your Ex then that's fine because it could well be that they have nothing to take to court. Certainly not if the can't produce the paperwork.

As I keep saying I'm no expert, but I have had my little victory now and again by following the advice of the more knowledgeable members of this forum.

Regards, Handy.

Robinson40

hi,

thankyou for that responce,

I have phoned up the Consumer Advice line and was referred to the Financial Ombudsman whome i spoke to this morning. They have advised me i do need to definately get them to give me evidence of my name on the original debt then i can take this to the Ombudsman and they will apparantly make a formal complaint to the company Aktiv Kapital for compensation for effectively what can be deemed as defomation of character due to my receiving a CCJ and my credit file being changed to reflect this.

I was advised to go to my solicitor as they can support my request under legal aid and they can request all the information is removed from my file, from land registry plus the CCJ.

It appears that everything points to my ex including early correspondence which i have actually managed to find in some of the paperwork from the loft. But until i have an understanding why Northampton Court accepted the CCJ to go through and on what basis/evidence then i have to go through the said process that you have suggested.

Thankyou for your support and advice on this matter :T

Robinson40

Hi

sorry to be a pain, i have just been advised that as Aktiv Kapital quite correctly have applied for an interest in the property and they have also put a CCJ against my ex and myself that there is nothing i can do to remove it. Now i am currently going through the financial settlement for my divorce and its very likely that my ex will be told to sign the house over as there is no equity in the property. Can anyone tell me whether the Land Registry is enforceable as it would appear that if his name is on the mortgage although he will have signed off having any interest in it. The solicitor is being rather vague. Also why cant i have a name taken off a CCJ that i shouldnt have because its a joint one? And if not what can i do to reflect this on my credit file as i feel its totally unfair i am being tarred with the ex idiots lies.


thanks x

RAS

Hi

the trouble is that if you did not defend yourself /he did not defend the CCJ, it goes through automatically.

When was the CCj taken out?

Robinson40

apparantly in 2007 , and i didnt know about it. all i remember was phonecalls from woman and bearing in mind the man was cheating i wasnt sure who they were.

it was done in Northampton as well.

Robinson40

hi

I have had issues with a debt and CCJ found on my credit file in the name of Aktiv Kapital. When contacting them asking what this debt was and why on a monthly basis this was increasing? I got a response offering me the opportunity to consider a full and final settlement. Obviously i stated that i would take that on advisement but i needed to know what the debt was for. I got an email stating that the debt was in respect of an old loan with HSBC? this was news to me as i dont remember ever having one, i had a joint bank account years ago. I went back and asked for information about the interest etc, contact details via letter and basic information to confirm my details were in fact on the debt it self. They sent me an email with a pdf file attached this had copies of the interest being applied, plus a full log of phone conversations had with my ex husband plus a couple with me stating a woman answered told her we needed to speak with debtor. Bells started ringing and i asked them for documentary evidence that stated i was on the debt. Well blow me they sent me a screen dump of their internal system? How that is official i dont know. Anyway, i responded that that was not documentary and that i now wanted the agreement that must have been signed. The complaints department wrote to me, they stated that they were dealing with the matter. I contacted the financial ombudsman to make sure i was doing the right thing. They took details of the complaint and we waited the 21 days to give Aktiv Kapital to respond. Well they responded all right, with a letter stating that they had brought the debt in 2000. That my name was on that information when sold to them, they confirmed my details but got my date of birth completely wrong. They then went on to say we do not have a copy of the original documentation and have contacted HSBC to ask them. Unfortunately, there is no document available therefore the loan is unenforceable i was told BUT...that it did not remove my liability.

After this little letter i phoned the Financial Ombudsman who said that this was most odd as if its unenforceable they have to remove the ccj and also the adverse credit that they keep putting up? We proved that the ccj was done at Northampton which is an electronic court thus information can just be put in regardless of whether its true and as i was unaware of this i couldnt contest it in anyway.

At present the financial ombudsman are dealing with a complaint from me, i was told that the likely hood is that it will be supported and that Aktiv will have to act appropriately. This will then after two years of debts left behind by my ex husband which totalled £32k now leave me with the grand total of £0 in debts. I have followed advice of the forum, read all the information through and dealt and paid all of them except this one which isnt mine.

I have recommended this site to lots of friends..

THANK YOU :T:T:T:T

determined_new_ms

fantastic Robinson! I'm so happy for you, it must have been a rough couple of year. Goodbye to bad rubbish eh? x

CH27

:T:T Robinson.

Andie759

Wow that's brilliant - you must feel a weight off your shoulders!
Gives me inspiration I can do it too!