Haven't paid anything to ny of the debt collectors. Last payment would have been to Santander probably mid 2010.

Yes, looks like 2008. Ive found an entry on a past copy of my credit report and 2008 is the date started entry. It no longer shows on my credit report though. I take it Recon means reconstituted agreement? Should my next course action still be CCA Hoist, CPR Cohens? Anything else I need to do?

Name of the Claimant? Hoist Portfolio Holding 2 Limited Date of issue 10 Apr 2015 What is the claim for – the reason they have issued the claim? 'This claim is for the sum 26xx in respect of monies owing pursuant to The Consumer Credit Act 1974 (CCA) under account no xxxxxxxxxxxxxx The debt was legally assigned by Santander Cards Ltd to the claimant and notice has been served. The Defendant has failed to make contractual payments under the terms of the agreement. A default notice has been served upon the Defendant pursuant to Section 87(1) CCA. The Claimant claims 1. The sum of 26xx 2 Interest pursuant to s69 of the County Court Act 1984 at a rate of 8.00 percent from the 22/02/2015 to the date hereof 46 days is the sum of 26.00 3. Daily interest at the rate of .56 4. Costs What is the value of the claim? £26xx plus court fee of £105, plus solicitors cost of £80 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit card When did you enter into the original agreement before or after 2007? 01/2008 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 issued claim Were you aware the account had been assigned – did you receive a Notice of Assignment? yes I was aware the account had been assigned. Received a letter 05/12/2014 from Santander informing of assignment to Hoist. Letter dated the same as above from Hoist informing Santander has assigned all of its rights etc . Not sure if this is the Notice of Assignment?? Did you receive a Default Notice from the original creditor? Not aware of receiving one. If I did, I do not have a copy of it. Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year? No, i'm fairly sure I have not. Why did you cease payments? Financial difficulties after a change of jobs and then eventual loss of employment. What was the date of your last payment? Not definite but maybe mid 2010 Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No

Brief background details Account is for a credit card with Santander. Amount £2xxx There is no record of this debt on my Experian credit file or when I check the same using Noddle. Debt has been passed from Viking Collection services > Moorcroft > Wescot > Robinson Way. 13/02/15 I sent a CCA request to Robinson Way after receiving a letter informing the account would be passed to their solicitors Howard Cohen in the next 10 days. 21/02/2015 Letter from Howard Cohen titled 'Notice of Pending legal action' requesting payment within 10 days. 06/03/2015 I get a reply from Rob Way acknowledging my request and informing my account has been placed on hold temporarily pending receipt of the documentation. 21/03/2015 Get a weird letter from Robinson Way saying ' We write to acknowledge the recent update that you have provided us in relation to your current circumstances. we confirm that no further action will be taken on your account for the next 2 weeks from the date of this letter. Please ensure we have your proposal for payment within this period to avoid collections activity resuming. If we do not hear from you within 2 weeks, our solicitors Howard Cohen may be instructed to proceed with issuing a court claim................' I assumed this was scare tactics and ignored it as they still hadn't satisfied my CCA request. Today I received a County Court claim form from Northampton. I still haven't received any CCA from any of the parties involved. I obviously need to acknowledge service of the Claim form but what's my next course of action?? Library letter - 'Letter to solicitors threatening legal action / in default of agreement request'?? If yes, do i send this to Hoist as well as Howard Cohen? Thanks for any help you may be able to give. Dan

Thank you very much for your informative post.

I'm looking to reclaim from MBNA. Sent a SAR request and got a reply this morning. The information they sent goes back to 2007 although the credit card was taken out in 2002. Is it possible they do not have the info prior to 2007 and how do I find out if they do? On the transactions list they ahve sent me there are : 'POSTED CREDIT INSURANCE FEES' until April 2008, then there are 2x 'CREDIT INSURANCE PLAN COVERAGE' entries and then they seem to call it 'PAYMENT PROTECTION COVER' for the remainder of the card life. Are these all PPI entries? Whats interesting is on the CCA they sent me which i'm not sure is even enforceable I have ticked the box refusing Payment Protection Cover. Also on the documents are entries for Late fees -£12 Special Cash Interest Posted Retail Interest Posted Cash Advance Fees Posted Cash Advance Interest Other Interest Overlimit Fee Finance Charge (after April 2008) Can any of these be reclaimed also and if so can I sned them a letter along the lines of 'please refund all PPI and charges'? or will they be separate claims? Thank you

OK, according to the calendar i've got until 21/12/2013 to acknowledge the claim and until 4/1/2014 if i want to submit a defence. The SAR deadline for MBNA is 16th. Shall I wait and see what they come up with or should I acknowledge right away. Is it worth sending account in dispute letters? SAR'ing Aktiv? What about CPR31.14 and if so who odes it go to? Hegarty LLP? Cant post the image right now due to my low post count but how does my letter from Aktiv Kapital saying ' your account is on hold and has been removed from the collection process' relate to this from the OFT site: 2. Aktiv Kapital (UK) Limited, when a debt is clearly disputed, in writing, shall not continue any debt collection activity until all matters disputed have been properly investigated; and the individual informed of the outcome of the investigation; and shall keep consumers advised, in writing, of any delays in resolution of the investigation. Thanks Daniel

Hi Andy, thank you for your very quick response regarding the timeframes. With regards to whether I defend or not what is the consequence of them not being able to provide a CCA and also my thoughts that there was PPI on the account (cant be 100% sure of this till I get the SAR back)? I'm fairly sure a vast amount of the total would be down to charges etc. Also what is statute barred? Is it dated from last payment/acknowledgement of debt or is it from the default date? Thanks again

Hi all, new here and hoping for some advice with ref to an MBNA credit card. The card was taken out in 2006 according to my CreditExpert file. I think the account was transferred to Experto around 2009/2010, at least I have a letter from them dated Oct 2010. Around this time I was struggling hugely financially and I was receiving letters regarding various debts on an almost daily basis. I have letters from Experto Credite, Credit Management Consultants and Aktiv Kapital since then until the present time, various threats, discounts offered (which I hadnt been in a financial position to take advantage of). On Oct 29th 2013 i received a letter from IND Ltd titled 'Last letter before legal proceedings' informing that AK had appointed IND to collect on its behalf and I had until 12/11/2013 to pay off the £5976.25 in full before a claim form would be issued in Northampton County court. on 4/11/13 I CCA'd Aktiv Kapital and IND plus also sent a SAR request to MBNA as I'm very sure there was PPI on this account. No response from IND but Aktive responded immediately with a letter stating that whilst they endeavour to obtain documents within prescribed time scales, they may be unable to do so as they are not the original creditor and that my account is on hold and has been removed from the collection process whilst they await the requested information. Not heard anything form anyone until today when I received a claim form from Northampton(CCBC) issued 2/12/2013. I immediately remembered I forgot to respond to Aktiv after they failed to provide me with a CCA after their 12 days had expired. Particulars of claim: The claimant is the Assignee of a debt(s) due in relation to a/various Credit Agreements regulated by the Consumer Credit Act1974 entered into between MBNA Europe Bank Ltd and the Defendant. Notice of Assignment was provided to the Defendant by the Claimant in writing. The agreement was terminated upon the defendant failure to comply with the terms of the Agreements and or the Statutory notice of Default served by MBNA Europe Bank Ltd. The claimant complied with Section III and IV and annex B of the PD of the Pre-Action Conduct. And the claimant claims: Credit card account number XXXXXXXXXXXXXXXX balance of £6000 as of 30/01/10. Interest under s69 of the County Court Act 1984 at the rate of 8% a year from the default date to 2/12/13 of £1,786.43 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of 1.31 AND costs. I cant recall seeing a Notice of Assignment or Notice of Default What should my next course of action be? Should I send that letter to Aktiv now or is it too late? I'm trying to read as much on here as possible about these sort of things as well as PPI but until now i'm a total newbie at this and am not sure what to do next. Any help much appreciated. Regards Daniel