HELP! Aktiv Kapital & IND chasing a very old debt?

Beedee75

Help...
In November we received a court letter re:-credit card through MBNA it came through Aktiv Kapital AS Zug Branch & IND saying we owed them a huge amount of money...so I followed all the letters that was posted on here the 1st one stating we have no knowledge do the debt and they must prove all relevant info/paperwork we sent this 13.01.2014 we received a reply on 06.02.2014 saying they will be looking into it and that court proceedings have stop until further investigation. They also sent countless letters ask us to call them..YEH RIGHT!!! Now I understand that they had 30 days to provide all relevant info otherwise they where breach the law.
So once again I sent the 2nd letter stating this fact...they replied saying they are still looking into it & I should call them ASAP!!
I'm not that stupid to pick up the phone...
Now yesterday we have received a huge letter with photocopies of the agreement and deeds of assignment but what concerns me is this... The card was taken out in 2000 last known contact we had from them was way back in 2004 so am I right to assume that this is now Statute Barred?
I'm also concerned that they are being very crafty with their dates...on our new letter it says the judgment was enforced 14 January 2014 when I have the letter (dated 29.11.2013)and judgment (dated 18.12.2013) no other judgement has been sent to us???

PLEASE HELP I'm at a loss what to do next & drowning in paperwork!

rizla_king

As its been to court you need help from somewhere like http://www.legalbeagles.info/forums/

Beedee75

We haven't been to court and they stopped the judgement as soon as we sent the letters. Their response was
"We can confirm that we will not be further enforcing the judgement until we have complied with your request under the Consumer Credit Act 1974 s77-78"
What also baffles me is I thought the people who own the debt "Aktiv Kapital" are the ones who should be responding not the debt agent "IND"
All our correspondence are with IND?

rizla_king

The has to be a judgement for them to enforce one. You also said there had been a judgement (dated 18.12.2013).

Beedee75

By judgement I mean a letter with all the court papers came dated 18.12.2013 When I sent off the 1st letter they replied with a statement at the end say " Please note that we are not enforcing the judgement until we are able to supply you with the documentation that you previously requested"

Then when I received all the docs yesterday it then said at the end of the letter " we can confirm that we will soon be making arrangements for enforcement of the judgement entered on 14 January 2014"

But judgement has been entered on the 14.01.2014 as I have all corresponding letters and know where does it say this. All these letters are from IND.

Beedee75

Help...
In November we received a court letter re:-credit card through MBNA it came through Aktiv Kapital AS Zug Branch & IND saying we owed them a huge amount of money...so I followed all the letters that was posted on here the 1st one stating we have no knowledge do the debt and they must prove all relevant info/paperwork we sent this 13.01.2014 we received a reply on 06.02.2014 saying they will be looking into it and that court proceedings have stop until further investigation. They also sent countless letters ask us to call them..YEH RIGHT!!! Now I understand that they had 30 days to provide all relevant info otherwise they where breach the law.
So once again I sent the 2nd letter stating this fact...they replied saying they are still looking into it & I should call them ASAP!!
I'm not that stupid to pick up the phone...
Now last week we have received a huge letter with photocopies of the agreement and deeds of assignment but what concerns me is this... The card was taken out in 2000 last known contact we had from them was way back in 2004 so am I right to assume that this is now Statute Barred?
I'm also concerned that they are being very crafty with their dates...on our new letter it says the judgment was enforced 14 January 2014 when I have the letter (dated 29.11.2013)and judgment (dated 18.12.2013) no other judgement has been sent to us???

We haven't been to court and they stopped the judgement as soon as we sent the letters. Their response was
"We can confirm that we will not be further enforcing the judgement until we have complied with your request under the Consumer Credit Act 1974 s77-78"
What also baffles me is I thought the people who own the debt "Aktiv Kapital" are the ones who should be responding not the debt agent "IND"
All our correspondence are with IND?
By judgement I mean a letter with all the court papers came dated 18.12.2013 When I sent off the 1st letter they replied with a statement at the end say " Please note that we are not enforcing the judgement until we are able to supply you with the documentation that you previously requested"

Then when I received all the docs yesterday it then said at the end of the letter " we can confirm that we will soon be making arrangements for enforcement of the judgement entered on 14 January 2014"

But judgement has been entered on the 14.01.2014 as I have all corresponding letters and know where does it say this. All these letters are from IND

PLEASE HELP I'm at a loss what to do next & drowning in paperwork!

eyeopener2

Bedee 75

Best start your own thread, it's easier to reply to.

sourcrates

Beedee75 wrote: »

Help...
In November we received a court letter re:-credit card through MBNA it came through Aktiv Kapital AS Zug Branch & IND saying we owed them a huge amount of money...so I followed all the letters that was posted on here the 1st one stating we have no knowledge do the debt and they must prove all relevant info/paperwork we sent this 13.01.2014 we received a reply on 06.02.2014 saying they will be looking into it and that court proceedings have stop until further investigation. They also sent countless letters ask us to call them..YEH RIGHT!!! Now I understand that they had 30 days to provide all relevant info otherwise they where breach the law.
So once again I sent the 2nd letter stating this fact...they replied saying they are still looking into it & I should call them ASAP!!
I'm not that stupid to pick up the phone...
Now last week we have received a huge letter with photocopies of the agreement and deeds of assignment but what concerns me is this... The card was taken out in 2000 last known contact we had from them was way back in 2004 so am I right to assume that this is now Statute Barred?
I'm also concerned that they are being very crafty with their dates...on our new letter it says the judgment was enforced 14 January 2014 when I have the letter (dated 29.11.2013)and judgment (dated 18.12.2013) no other judgement has been sent to us???

We haven't been to court and they stopped the judgement as soon as we sent the letters. Their response was
"We can confirm that we will not be further enforcing the judgement until we have complied with your request under the Consumer Credit Act 1974 s77-78"
What also baffles me is I thought the people who own the debt "Aktiv Kapital" are the ones who should be responding not the debt agent "IND"
All our correspondence are with IND?
By judgement I mean a letter with all the court papers came dated 18.12.2013 When I sent off the 1st letter they replied with a statement at the end say " Please note that we are not enforcing the judgement until we are able to supply you with the documentation that you previously requested"

Then when I received all the docs yesterday it then said at the end of the letter " we can confirm that we will soon be making arrangements for enforcement of the judgement entered on 14 January 2014"

But judgement has been entered on the 14.01.2014 as I have all corresponding letters and know where does it say this. All these letters are from IND

PLEASE HELP I'm at a loss what to do next & drowning in paperwork!

Can someone bump this to a new thread so we can comment please ta !!

sourcrates

OP, you need to check the documents they have sent you very carefully, if they do not comply with the consumer credit act 1974 in all aspects, there is a good chance that your account may be unenforceable in court, as it pre-dates April 2007.

I have yet to see an agreement from that era that does comply, they usually fall down on the credit limit, it is supposed to be stated on the agreement what the credit limit is, but every agreement I have ever seen just says "credit limit will be notified to debtor" and this simple sentence does not comply with the act, the devil is in the detail, you need to check very carefully what has been sent.

sourcrates

Beedee75 wrote: »

But judgement has been entered on the 14.01.2014 as I have all corresponding letters and know where does it say this. All these letters are from IND.

If all letters are from IND then its a threat of court action, not a judgement, unless the letters are clearly from a court, the DCA is trying it on.

sourcrates

Beedee75 wrote: »

By judgement I mean a letter with all the court papers came dated 18.12.2013 When I sent off the 1st letter they replied with a statement at the end say " Please note that we are not enforcing the judgement until we are able to supply you with the documentation that you previously requested"

Then when I received all the docs yesterday it then said at the end of the letter " we can confirm that we will soon be making arrangements for enforcement of the judgement entered on 14 January 2014"

But judgement has been entered on the 14.01.2014 as I have all corresponding letters and know where does it say this. All these letters are from IND.

I am still confused about this, you say it hasn't been to court, yet you also speak of judgement dates, just to clarify, a judgement can only be handed down by a court, ie, a county court judgement, you would of received letters from the court, with a Northampton postmark, clearly stating what they were, you say these letters are all from IND? I assume that's a DCA yes ? if that's the case then they have not got a judgement, can you clarify the position as your original posts are confusing cheers.