Hi, I have a note of the defence date. What if there is no response from Claimant and/or Solicitors before this date? Can I make a counter claim for the charges and PPi on the account?

hi. submitted CCA to claimant and CPR to Solicitors. What do I need to do in regards defence of CCJ?

Hi, have edited documents further. Just leaving amounts showing. You asked for the original agreement, do you mean the agreement prior to rewrite. If so, I am unable to find the original. I did request a SAR from Welcome in 2009 and have attached statements and documents from then. The original agreement should have been in that request but it is not there. You will see from the statements that the first agreement commenced on 12/01/2004. Please let me know if you require anything else. Many thanks.

Hi, Letters attached as per your email. I acknowledged claim on 29/08/14 by email as their online service was not working. Have received confirmation back from Court to say email has been received. Thanks for your help so far.

I have signed documents from the car collection agent and a letter from Welcome Finance detailing the termination of the agreement and the amount owed. Were the other answers I supplied of any help? Thanks.

Hi, answers to your questions are as follows: Evidence car was VT'd - I have the collection documents from the car collection company. Collected on 25/11/08. The rewrite was signed by myself on 30/08/2007. Original agreement cancelled on 08/08/07. Please find below answers to the claim form you have requested: Name of the Claimant ? LOWELL PORTFOLIO LTD Date of issue – 22 AUG 2014 What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down. THE CLAIMANTS CLAIM IS FOR THE SUM OF 6032.19 BEING MONIES DUE FROM THE DEFENDANT TO THE CLAIMANT UNDER AN AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974 BETWEEN THE DEFENDENT AND WELCOME FINANCE UNDER ACCOUNT REFERENCE ///// AND ASSIGNED TO THE CLAIMANT ON 05/09/2012 NOTICE OF WHICH HAS BEEN GIVEN TO THE DEFENDANT. THE DEFENDANT FAILED TO MAINTAIN CONTRACTUAL REPAYMENT UNDER THE TERMS OF THE AGREEMENT AND A DEFAULT NOTICE HAS BEEN SERVED WHICH HAS NOT BEEN COMPLIED WITH. THE CLAIM INCLUDES STATUTORY INTEREST PURSUANT TO S.69 OF THE COUNTY ACT 1984 AT A RATE OF 8% PER ANNUM (A DAILY RATE OF 1.32) FROM THE DATE OF ASSIGNMENT OF THE AGREEMENT TO DATE BUT LIMITED TO A MAXIMUM OF ONE YEAR AMOUNTING TO 66.11 What is the value of the claim? 6608.30 Is the claim for a current or credit/loan account or mobile phone account? OLD DEBT FROM WELCOME FINANCE (NOT REGISTERED ON CREDIT REPORT ANYMORE!) When did you enter into the original agreement before or after 2007? 30/08/2007 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. DEBT PURCHASER Were you aware the account had been assigned – did you receive a Notice of Assignment? YES Did you receive a Default Notice from the original creditor? NO Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? YES Why did you cease payments:- SEVERE FINANCIAL DIFFICULTIES Was there a dispute with the original creditor that remains unresolved? YES, I HAD MADE A CLAIM FOR UNFAIR CHARGES AND INTEREST. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? YES, SEVERAL LETTERS BUT CONSTANTLY HOUNDED WITH PHONE CALLS AND HOME CALLS TO PESTER ME FOR MONEY I DID NOT HAVE I hope this answers the questions you require to help me further. Many thanks.

I received a CC Claim Form this morning from Bryan Carter Solicitors on behalf of Lowell Portfolio who bought an old Welcome Finance Debt I held. Lowell Portfolio purchased the debt on 05/09/2012 for a total of £6098.30. Prior to purchasing this debt from Welcome Finance I was disputing the amount of the debt due to excessive and unnecessary charges to the account. I never received a response from Welcome Finance in writing regards my charges complaint, they did try to call me and sort it out over the phone but I point blanked refused stating any communication should be in writing only. Then Welcome Finance went into financial difficulties and my account was transferred to an office in Nottingham. No response came from then until debt was bought by Lowell in 2012. Having checked my Credit Report the debt has now been deleted from the report due to its age. The original account was opened in 2004 and Welcome refinanced the account about two years later due to financial difficulty. For the record the original debt was HP Finance on a car, due to financial difficulties I voluntarily terminated the agreement and the car was returned to Welcome Finance. I had already made a claim for unfair charges prior to the termination. This left an outstanding debt of about £5000, which then mounted with additional charges and interest. I am going to acknowledge the claim to allow the additional time stated on the claim. Any advice in the meantime will be very much appreciated.

I have an outstanding bill from my previoius property which we vacated nearly four years ago. The debt at that time (October 2010) was passed from British Gas to a third party debt collector. An agreed monthly payment was put in place prior to moving. Once I had moved I notified the debt company of our new address. Due to various personal reasons I stopped the payments. on 2nd May 2014 the debt was transferred back to British Gas and they have added the old debt (£1188) to my current gas account at my new property. The monthly direct debit for gas at my new property prior to this was £20. They have now demanded £138 per month, which I cannot afford to pay. Are they within their rights to transfer an old debt to the new property, seeing as the debt is for gas not used at the current address. I have offered a payment of £55 a month but they are not happy with this. I am the sole wage earner in my house so money is tight. My wife cannot work due to a serious illness she suffered seven years ago and at present not receiving any benefit. Not sure whether I could apply to the Trust Fund for help, but think this may have a wage threshold. Can anyone help on this?

Hi, I had a Payday loan with Wage Day Advance which was sold to MMF about a month ago. Since then it has been nothing but non-stop harassment from them, I get around five to six forms of contact per day, either by email, text or phone call to both mobile and landlines. This even started prior to receiving a formal letter from Wage Day Advance stating they hold sold the account on! They are constantly threatening a home visit from one of their officers, each day I receive some form of contact detailing this. I have both written and emailed MMF enclosing the standard formal letters for telephone harassment. I also enclosed one for disputing the amount owed as it is incorrect. To date these letters have been ignored. Yesterday my wife received a phone call at home from MMF saying they were sending round an officer to our house. This was quite distressful for her to say the least. So I phoned MMF to find out what was going on as I had really had enough. I was advised that all contact numbers would be deleted and details of the account sent in the post. This morning I received ANOTHER email requesting that I phone them to make a form appointment for one of their agents to visit my property. If ignored they would just turn up at my home, they also stated they would be adding further interest and costs to the account. I appreciate it was foolish to dabble in a Pay Day loan to start with, but unfortunately my circumstances left me no choice, as it does for a lot of people out there. I really am struggling with this one now, any advice would be greatly appreciated. Not sure whether I should just take this to the Ombudsman now? Many thanks.

I sold my vehicle to a on 11 December 2012 and sent the completed V5 form back to the DVLA. After a few weeks I realised that I had not received confirmation of the change of owner. I then received a letter from the MID stating that my vehicle was uninsured. I phoned MID and explained that the vehicle had been sold. They told me to phone DVLA and find out if they had received the V5. To which I did, and DVLA confirmed they had not received it. They advised me to send them a letter detailing the new owners address details and the date of sale, to which I did on 28th February 2013. I heard no more until April 2013 when I received a PCN from DVLA for having no insurance on the vehicle I had sold. They wanted me to pay a £50 penalty which increased to £100 if not paid in a certain amount of time. There were no telephone contact numbers on the letter just a number to make payment via an automated service. So, I phoned DVLA again explaining the situation. They told me to write to the DVLA Enforcement Centre explaining the situation to them this time. Within a few weeks when I returned from my holiday there was a final notice letter from the Enforcement Centre, even though I had sent back their form stating the vehicle was sold. Plus copies of all letters sent to the DVLA and a photocopy of the V5 which I had kept. The following day I received a further letter from them stating that they had finally received my letter stating the change of owner and I would receive confirmation within 20 days. However, this letter was a generic letter from the DVLA and didn’t respond to any of my queries detailed in the letter I sent to them. They are now demanding the £100 penalty and if not paid they will take me to court! They claimed that as they did not receive details of the change of address until after the PCN had been issued they could not stop the fine. Even though, I sent back the V5 and a further letter in February, two months before they sent me the Failure to Insure penalty! I have tried phoning them, but they are only open 9-5 Monday to Friday and always get put in a ridiculous queue. I am considering making a formal complaint or should I let them take me to court and put my case forward there? There is no way on earth I am paying them any money for a fine. They have the new owner details now and should be chasing him for being uninsured. Any advice would be greatly appreciated. Thanks.

Hi, my Dad purchased a static caravan in October 2012. He purchased it for £37,000 with £16,000 of their own funds and the balance on a Hire Purchase agreement with Black Horse. Black Horse being the finance company that the caravan site dealt with. In January he was diagnosed with terminal cancer. He is now looking to sell the caravan as they will need the funds for more important purposes. The Black Horse agreement states that one third of the loan needs to be paid before the caravan can be sold. However, the sales chap at the caravan site who sold them the caravan originally has stated that they can sell it now. I'm not really sure on the legality of this and would appreciate any advice on what we can do to sell/redeem the caravan. Any advice will be gratefully appreciated. Thanks.

No, there was a delay in her benefit payment.

My wife has a Capital one card to which she has payed the minimum payment each month by Direct Debit each month. She has never missed a payment since opening the account. At present she is unable to work due to recovery from a serious illness and receives Incapacity Benefit. Recently the monthly payment of £6.49 was due on 18th July, the same day as her benefit payment was due in the account. For reasons beyond her control the benefit payment was delayed by one day and the direct debit payment for the cap one account was returned. As we realised there was a problem with the DD we went online on the 19th and paid the amount that had been returned (£6.49), which was still within the payment date of 21st July. A couple of days later she received a letter stating that the DD had been returned and she had been charged £12, as per their T&Cs. It stated that this would show on her next statement. When the statement arrived it also show that they had charged her another £12 as an overlimit charge. I find this very frustrating and unnecessary as there was no opportunity to bring the account back within the credit limit before they put the charges on. She now has a minimum payment of £30.79 to pay by 20th August. As stated earlier, she is on benefit and has to budget her benefit payments out for the month. She cannot afford to pay this amount due to this. We fully appreciate that these charges are set out in their T&Cs but we think she has been treated a bit harshly here. Is the best route forward to make a formal complaint in regards to this, stating our disappointment with their actions. With debt issues a major problem these days you would think they would be a bit considerate with their actions. Any advice would be appreciated. Thanks.

Yes, that is correct.

I recently sent a letter to Credit Resource Solutions (20th June 2012) requesting a copy of a Credit Agreement of an account they are dealing with, to which they allege I owe £450 to. I am disputing the amount owed and was advised to request a copy of the credit agreement and statement of account. As of yet I have received no reply and was wondering what steps I need to take next to resolve the situation. Any help, as always, will be appreciated.

Hi, if the debt is about 12 years old then it is classified as “Statute Barred”, which means that Aktiv cannot chase you for the debt. Is there any Judgment against this debt? If there is then it cannot be classified as Statute Barred and they can go back to the court to extend the CCJ. But this will not happen as I have just had the same problem as you. Received a letter chasing a very old debt hoping you might pay them back. Send them a letter, or even quicker log in to their website and paste it into their contact us complaints section. They respond quite quickly. Use one of the standard letters which you can find at National Debtline website stating the debt is statute barred and see what response you get. If they come back stating there is a judgment against it, send them a further letter stating that they will need to go back to Court to enforce the judgment. I did exactly this and they came back and said that they had no itention of trying to enforce the judgment, and just wanted me to enter into a repayment plan. The reason they will not go for encforcing the judgment is that the court will turn them down, as the judge will feel that the initial SIX years to enfore it was sufficient. Also, there is no need to enter into a repayment plan due to the age of the debt and the fact that they are not going to enforce any action. They will probably go away and just send letters every now and then hoping you might pay, which is what they are legally allowed to do. More than likely they will sell the debt on, but if it is 12 years old I very much doubt anyone will be interested. Hope this helps.

Hi, like many others I have had to use the services of a Payday loan company to help with my finances. I used Minicredit for a small loan of £100. I rolled over the loan for the first month hoping to pay it all off the following. Unfortunately this was not possible so I applied to roll over again and was refused. I phoned to ask why and they said it was due to my credit file. Having recently checked my credit file there were no changes since taking out the initial loan. They were having none of this and demanded the full balance of £134, I offered to pay that months interest of £47 to which they accepted but even with that payment they would not roll over the loan, they still wanted the outstanding balance. I asked them kindly if they would reconsider but was told no. I sent a formal complaint and get the standard reply back, once again refusing and stating sections of my contract detailing my obligations to pay back the loan in full. Since then I have sent them a further letter to make a complaint, asking for interest to be frozen and a payment plan to be set-up, and again this was refused. The balance is now £880 and they are threatening legal action through the courts. I thinking this might be the best route as I can then highlight their ridiculous charges and lack of assistance with the matter. Really need some advice on where to go next, do I try FOS? or is there a better route to take?

If they are not going to approach the Court in regards to the CCJ then that is the matter closed isn’t it? If not, how long will they continue to contact me in regards to the debt?

But can they keep contacting me for payment? Or is there another letter I can send to state that I have no intention of making any future payments?

Having sent the relevant letter to Aktiv Kapital stating that they would have to apply for enforced permission from the Court, I received the following letter from their Customer Services this morning: “It is not our intention to request permission from the Court to have the judgment pertaining to this account enforced. At AK we believe negotiated settlements to be preferable. For your information Section 24 of the Limitation act 1980 applies to New Court Action being taken and not the enforcement of a Judgment that has already been obtained. I understand that to have the Judgment pertaining to this account enforced permission from the Court will need to be granted. Your account will shortly be returned to our collections department. You will then be able to arrange a payment plan and benefit from our incentive programme called ‘New Deal’ In accordance with our official complaints procedure this letter constitutes the company’s final response and further communications will not be entered into.” From this I am a bit confused as to what they are saying. Is it that they will not apply to reinforce the Judgment and they are expecting me to set-up a payment plan to clear the balance? Please can anyone shed some light as to what they are expecting or what my next route of action should be.

Hi, I have just checked with Northampton County Court and the judgement ran out in February 2009 and no extension has been made to the judgement. Shall I go back to Aktiv now and state this plus mention about Section 24 of the Limitations Act 1980?

Hi, this is the reply I received from AK in response to my Statute Barred letter I sent them: Thank you for your email. You are claiming that the account is statute barred under the Limitations Period. Upon our own investigations, we have confirmed this not to be the case. Santander (formerly GE Capital) were the original credit providers in this matter they registered the original default against you and then sold the account to CL Finance (also known as The Lewis Group) who obtained a Judgment against you The details are: GE Alt REF 6319151624045930 Creation Date 19/12/2002 Last Payment Date 27-Aug-03 Last Payment Amount £127.25 Date Written Off 19/04/2004 Write Off Amount £1631.03 Reason for Write Off Uncollectable Total Expenses £237.25 Total Paid Since Default £ 127.25 Court Code 335 Case Number XY248005 Issue Date 23-Dec-02 Judgment Date 07-Feb-03 Judgment Instalment £100 Judgment Date 07-Feb-03 Total Fees £133 Total Costs £ 104.25 Last Warrant Date XX-XXX-XX Amigo 2 -Mar 2004 Debt Selected: 31/03/04 Debt Sale Date: 15/04/04 Uncollectable As a Judgment has been obtained the terms of the Limitation Act do not apply. From what they have said here, is this correct? If so, shall I proceed with your advice on checking with the court regards the CCJ?

Hi Stigman. Yes, the CCJ has GE Capital named as the creditor. But can Aktiv take this back to court and apply for another judgement? If not, what response should I give to Aktiv Kapital?

Hi, thanks for the advice. Is that right that a judge would not consent them to enforce the CCJ again, if so why is that the case. Also, what do I do regards Aktiv Capital, as they now have my current address and phone number they will just keep hounding me. I will check with the court to see if any other action has been taken, but I think that this is not the case.

Hi, can anybody else give some advice on this please?