Help, being ignored by a creditor

Barracuda

HI,

I have got a debt with Aktiv Kapital and I asked them via a debt collection agency to send me the original agreement and they confirmed to me that they do not have it.
So I sent them a letter, template from here, telling them its no longer enforceable etc.
That was 3 weeks ago I sent the letter recorded delivery, I have had no reply or conteact from them, what is the next step?

Thanks

natweststaffmember

If the original credit agreement cannot be found than after 12 days it is unenforceable and after 30 days it is breaking the law. Has it been 30 days??
Have you stopped paying Aktiv Credit?

Barracuda

Yes its been more than 30 days, and I have also stopped paying it.

There is a CCJ registered on my file about this, hence why I want the debt cancelled.

natweststaffmember

So you need to remove the CCJ as well, that one is out of my reach unfortunately. I hope someone with a bit more knowledge may be able to help. I have a feeling though that the CCJ may complicate things because it may be an implicit agreement that the debt is owed. As I said, i use the word MAY as i am not sure on those last points. Someone will advise soon.

diddlydum

If there's a CCJ, it really will complicate matters, and more information's needed to give advice.

If you responded to the claim on the N9A form then you've admitted you owe the debt, and there's no getting around that, and you'll need to keep paying.

If you didn't respond then you can apply to have the CCJ set aside, but you will need to show why you did not respond to the original claim. The judge will decide whether you had good reason not to respond; if you didn't, the CCJ will stand. You will also need to show that you had a good defence to the claim, but non-production of a signed agreement for a loan under the Consumer Credit Act 1974 will usually do the trick.

You can apply for a set-aside on form N244, there's usually a £65 fee, but you can usually get this remitted if you can show financial hardship on form EX160A.

If you stop paying the creditor without doing anything else then they have the CCJ, and they can take further enforcement action against you, such as getting a warrant of execution to send bailiffs round. Bailiffs can only get in through peaceable means, though (i.e. they can be invited in, or they can climb in through an open door/unlocked window), so keep your doors and windows firmly locked if you do stop paying.

I have a feeling that you're going to have to pay it. If your repayment plan isn't agreed through the courts then I'd suggest applying for a repayment plan on form N245. There's usually a £35 fee for this, but fill in form EX160A too and you may get the fee remitted.

Barracuda

Thanks for that.

I stopped paying this 3 months ago, nothing has happend.

As far as the N9A form, the debt is 6 years old in November I can't remember what I did, but I don't remember filling anything in and sending it back in relation to this.

Thanks