Backdoor Aktiv Kapital/Hagerty CCJ - merged old Barclays OD+Credit Card debt - How Do I set aside? ** WON WITH COSTS **+ campaign to shut them down

[sick of thames credit]

basically my problem goes back to about 5/6 years ago and I was contacted by Thames Credit (who I now gather are called Aktiv Kapital). After being intimidated by their threatening letters, I agreed to start paying back a debt for about £1300 at a rate of £20 a month.

 

a little while later another, letter from them came through the door demanding another £1500 from me. I contacted them and they where most agreeable and said aslong as I ackowledge the debt, they will still only take £20 a month off me, but split the money between both debts till they were paid.

 

I was ill at the time with depression and realise after a bit of reading about the internet, that my biggest mistake was acknoweldging these debts.

 

the debts, are apparently from when I had a student bank account with barclays. I should have disputed things at the time, but I was depressed and suicidal and these debts were the last thing on my mind.

 

roll forward to oct/nov 2008, my health is much better and after a very long time of unemployment I had started work and in a position to start tackling my very bad credit rating caused by me not being attentive to my finances during those years of mental illness.

 

I contacted thames credit to see if they would offer me a discount for early payment of the debt, they told me yes fine and that the debt would be cleared off for good. we agreed that i would pay within 14 days.

 

however I saw no sign of the agreement, which they said they would post. it did turn up on the 14th day, the letter was dated and postmarked the day before. the letter made no mention of clearing off my debts, only referred to one of the debts and just made reference to the amount I agreed to pay for early settlement.

 

I phoned them to tell them i was not happy, as I was willing to make the payment to resolve the matter once and for all. As far as i could see the letter would not had absolved me from my debt, it would have just been a payment towards it.

 

I told the telephone advisor i would not be paying it for obvious reasons, the response back was "either you pay it today, or you will be making one of the biggest maistakes of my life", i asked them how, they said "I would be in breach of the agreement made with them over the early settlement, my original agreement was no longer in force as it had been superseded by the early settlement agreement and that as a consquence they will be able to charge interest on the debt at the rate in my original credit agreement (one debt was a credit card) and that they will also backdate this interest to the point they took over the debt"

 

AKTIV have now increased my debt by a £1000 to cover this interest on a debt that had been paid down to £1000.

 

after being lied to by aktiv/thames I have told them I will only deal with them by post, as i will not take the risk of making an agreement or discussing my account with them on the phone again.

 

they have phoned me every day since then and despite me saying, deal with me by post, they wont! in fact now I beleive they are using dialler software as my phone is quiet when I answer it and then after 5-10 secs, i hear a click and then someone comes on the line.

 

at one point I spoke to an operator and told them, that since they had broken the agreement i was willing to go back to the old £20 a month agreement if they didnt charge the interest. they have refused to do this and are now insisting on the full amount, plus all the interest. the amount i now owe is upto £3100.

 

also aktiv is insisting that i am refusing to pay the account, as i have not made any payments since nov 08, however they have refused to collect any direct debit from my account, and the direct debit order is in still in force on my account.

 

What can I do ?

 

is it to late for me to go down the route of " i do not ackowledge the debt, please provide proof" or is it too late with me already making payments to them.

 

how do i stand with this "interest" they have charged on the account ? especially as they broke the agreement with me and not the other way round ?

 

I really dont want to deal with aktiv anymore, they just lie to me, say i broke an agreement, when infact it is them and then add more money onto the account.

 

can i just let them go through the motions, go to court, point out the transgresses from aktiv and resolve the situation at the court where i will not be at the mercy of aktiv ?

 

thanks in advance everyone

[BankFodder]

How old was the debt before you acknowledged it?

Why are you talking to people on the phone without recording your phone calls?

[sick of thames credit]

How old was the debt before you acknowledged it?

Why are you talking to people on the phone without recording your phone calls?

 

the debt was about 4 year old when i ackowledged it, so out of the 6 year rule i fear.

 

regarding the phone calls, because i have been naive and stupid.

 

during one heated discussion with a thames credit operator, in which I pointed out that they had broken the agreement with me, they replied "telephone agreements are not legally binding", yet they are claiming that I have!

 

recording phonecalls is a moot point now, as I will not deal with them full stop by telephone and have not answered them for about 3 days now.

[sick of thames credit]

ive just found this threadon the forums.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/185311-aktiv-kapital-demanding-money.html

 

does anyone know, if i am in a position to send the CCA and harassement by phone letters that are mentioned in that thread.

[BeauBrummie]

Dont you just love these guys, ok can you post what the debts are for ?

 

If a credit card then you will be able to ask for the executed agreement under the provisions of the CCA. Not to sure about Student Loan account---- how can you default on this? I thought you had to repay this type of loan when you were earning over £15000 per year?

 

A couple of Golden Rules

 

1) Never speak to Aktiv Krapital on the phone I can say from experience that all they want is to furnish the bank account of Aktiv Kapital. They do not care one jot for you.

 

2) When you have remembered rule No 1 remember it again. Only deal with them by post as you have asked. A good trick when they phone is to not answer the security questions they will then be in breach of the Data Protection Act if they continue with the phone call

 

3) Take control of the situation from them, as I have said they do not care for your personnal situation, all thay want is money, think of them as robots with only one mission.There are some good people on here who will give you sound advice, if you follow it, Aktiv Kapital will go running when they realise that you are not going to be bullied.

 

Beau

[Pinky69]

Yes you can. You can ask for a copy of your agreement anytime and if cannot produce one, they cannot pursue payment, no matter what transpired before. Better late than never!

[sick of thames credit]

Dont you just love these guys, ok can you post what the debts are for ?

 

If a credit card then you will be able to ask for the executed agreement under the provisions of the CCA. Not to sure about Student Loan account---- how can you default on this? I thought you had to repay this type of loan when you were earning over £15000 per year?

 

A couple of Golden Rules

 

1) Never speak to Aktiv Krapital on the phone I can say from experience that all they want is to furnish the bank account of Aktiv Kapital. They do not care one jot for you.

 

2) When you have remembered rule No 1 remember it again. Only deal with them by post as you have asked. A good trick when they phone is to not answer the security questions they will then be in breach of the Data Protection Act if they continue with the phone call

 

3) Take control of the situation from them, as I have said they do not care for your personnal situation, all thay want is money, think of them as robots with only one mission.There are some good people on here who will give you sound advice, if you follow it, Aktiv Kapital will go running when they realise that you are not going to be bullied.

 

Beau

 

regarding my debts, they were £1000 from barclays bank account, £1200 from barclays credit card. so in total £2200, when thames/aktiv caught up with me, the bill was about £2700.

 

aside: Ive been paying thames/aktiv for nearly 5 years £20 per month for both of these, when i contacted them in nov, they said the amount i owed was £2000. simple maths: 5*12*240=£1200, so i should have owed them £1500. our agreement was that aslong as my made the payments, no interest would be made. stupid me again, i didnt request any kind of statements off them or formal agreement for this, but i have been seriously ill mentally over the years.

[sick of thames credit]

I'm a newbie. have read a few threads to get the gist of things, and have now started a new thread dealing with my own situation regarding being harassed and ripped off by a DCA who i was trying to do the right thing by.

 

simple question is, is what difference does the DCA not producing a CCA have ? from all of the threads I have read, you just keep going round in circles, the company says you owe money, you say you don't. hows this different from without having the CCA issue resolved and you are arguing with the DCA, saying i dont owe you any anything and perpetually going round in circles.

 

once i get the CCA sorted out, harassement by telephone letters sent off, letters to OFT, etc. if I am going to still get plagued by letters, phonecalls and no official body is to take these transgressions by these companies seriously, then what is the point?

 

if they are never going to take me to court, for example because they dont have a CCA, why am i bothering, why not just get on with life and let them flog a dead horse.

 

sorry if this sounds like i'm having a go, but i am in the same situation as every else here and i am yet to read a thread of anyone who has resolved their situation and not be going round in circles.

[cymruambyth]

Many issues have been solved but they are either old threads or some have been moved to the legal successes forum.

It may seem like a long haul, but once you get used to the different threatograms and take control over your problems you may find that you relish the game of cat and mouse with your new friends!!!!!

[Monty2007]

Hi

 

You have a statutory right to request the agreement from the creditor in order to verify that the agreement is compliant with the 1974 Consumer Credit Act. It sounds from your thread that you have already been defaulted since you are with a DCA?

 

There is a process to follow which involves sending the original creditor (or DCA) a formal request made under section 78(1) of the Consumer Credit Act plus £1 payments. Section 78 States:

 

78. Duty to give information to debtor under running-account credit agreement.-

(1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1 £1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,-

(a) the state of the account, and

(b) the amount, if any currently payable under the agreement by the debtor to the creditor, and

© the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

 

If they do not respond then they are in default and cannot enforce until they comply by virtue of s78(6).

 

So that is base 1 so to speak.

 

When/if they supply "an agreement" you will need to verify if it is enforceable. You will need to read the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and check that the Prescribed Terms are not contained within the agreement. These terms must be contained within the Agreement to be compliant with Section 60(1)(a) of the Consumer Credit Act 1974. The Court of Appeal case law, Wilson and another v Hurstanger Ltd [2007] together with other case laws are applicable in this respect.

 

In addition, Section 127(3) states;

 

127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner).

 

So that is base 2.

 

You then need to check the validity of any default notice that is served upon you:

 

Section 78(6) of the Act prohibits enforcement of the agreement in circumstances where the section 78(1) of the Act request has not been complied with.

 

My advice would be for you to read some of the success threads and you will see the process in action, then post up your own documents minus the personal information.

 

It is possible that the OC/DCA will cave in if they realise that they do not have an enforceable agreement or litigate where it will be decided by the court. The process in now well established and really depends on the type and age of your agreement and the default notice that may have been incorrectly served. It is by no means a quick fix and the debt still exists but is not enforcable.

[debt4get]

what will happen if you do not request a cca is some dca will actually take you to court and first you know about it is a ccj form will arrive in the post you can head this off by asking first for a cca

if you want to risk them going to court then asking for a valid cca then that is your choice

sure the debt gets passed from dca to dca but I actually enjoy getting rid of these idiots when they realise they have bought an unenforceable debt they can do nothing about

[sick of thames credit]

 

My advice would be for you to read some of the success threads and you will see the process in action, then post up your own documents minus the personal information.

 

.

 

where can i read the sucess threads ? especially any involving aktiv capital ?

 

thanks

[BeauBrummie]

what will happen if you do not request a cca is some dca will actually take you to court and first you know about it is a ccj form will arrive in the post you can head this off by asking first for a cca

if you want to risk them going to court then asking for a valid cca then that is your choice

sure the debt gets passed from dca to dca but I actually enjoy getting rid of these idiots when they realise they have bought an unenforceable debt they can do nothing about

 

In the op's case this is very unlikley as it AK who probably wont because they told me that they dont!!!!

 

Beau

[rory32]

where can i read the sucess threads ?

 

DCA Legal Successes - The Consumer Forums

[palomino]

To answer your question : the right of the creditor to enforce repayment, issue notices, refer defaults to the credit reference agencies, etc. is enshrined in the agreement.

 

If they can't produce the agreement then they can't do any of those things. This is why the agreement is so important.

 

This of course doesn't mean the debt is no longer due - it is. All it means is that the creditor can't enforce repayment.

[mustang67]

I'm a newbie. have read a few threads to get the gist of things, and have now started a new thread dealing with my own situation regarding being harassed and ripped off by a DCA who i was trying to do the right thing by.

 

simple question is, is what difference does the DCA not producing a CCA have ? from all of the threads I have read, you just keep going round in circles, the company says you owe money, you say you don't. hows this different from without having the CCA issue resolved and you are arguing with the DCA, saying i dont owe you any anything and perpetually going round in circles.

 

once i get the CCA sorted out, harassement by telephone letters sent off, letters to OFT, etc. if I am going to still get plagued by letters, phonecalls and no official body is to take these transgressions by these companies seriously, then what is the point?

 

if they are never going to take me to court, for example because they dont have a CCA, why am i bothering, why not just get on with life and let them flog a dead horse.

 

sorry if this sounds like i'm having a go, but i am in the same situation as every else here and i am yet to read a thread of anyone who has resolved their situation and not be going round in circles.

 

If you go round in circles you miss what is in the corners,so get those CCA requests sent off,at the least it will give you some breathing space and if your DCA cannot produce one it puts you in the position to ask for a reduced settlement figure or to just ignore (remember that the debt will not just dissapear) So dig deep into those corners that a lot of people miss, find out your rights and go for it and with the advice from this excellant site you can get on with your life:)

[sick of thames credit]

still trying to get my head around the CCA thingy, im hoping to shoot mine off to AKTIV tommorow. the debts they claim i have are for a bank account and one for a credit card. my questions are:

 

A) can i ask for for CCA for both the bank account debt and the credit card debt, or do only CCA's exist for credit card debts.

 

B) if CCA's exist for both, do i need to deal with them separatly in two letters.

 

C) where can I get template for the CCA request that best covers my circumstances

[havinastella]

still trying to get my head around the CCA thingy, im hoping to shoot mine off to AKTIV tommorow. the debts they claim i have are for a bank account and one for a credit card. my questions are:

 

A) can i ask for for CCA for both the bank account debt and the credit card debt, or do only CCA's exist for credit card debts.

 

B) if CCA's exist for both, do i need to deal with them separatly in two letters.

 

C) where can I get template for the CCA request that best covers my circumstances

 

The bank account is not covered by a CCA request, the credit card is.

 

Did the bank account have any charges on it? (Bounced D/D's, unpaid cheques, overlimit) If so, you may need to SAR the bank to get a full breakdown of these and start to reclaim them back.

 

The normal CCA request for the CC should surfice.

 

Jogs

[babybear39]

CCA the credit card to the DCA (TC) and SAR the bank account to barclays to see if there are any unlawful penalty charges, which there probably will be on account that's over 6 years old.

[sick of thames credit]

The bank account is not covered by a CCA request, the credit card is.

 

Did the bank account have any charges on it? (Bounced D/D's, unpaid cheques, overlimit) If so, you may need to SAR the bank to get a full breakdown of these and start to reclaim them back.

 

The normal CCA request for the CC should surfice.

 

Jogs

 

once i've done this for the bank account, how do i go about dealing with the people at aktiv regarding the debt ?

[babybear39]

You put a claim in for the unfair charges which puts the account in to dispute, which means the DCA (TC) have to stop all collection activity

[WOOD73]

thats the problem with verbal agreements, theyre not woth the paper theyre printed on!

 

You can bet you'll receive a very nice settlement offer shortly for the credit card, I wouldnt have thought an agreement would still exist, if it ever did.

[havinastella]

once i've done this for the bank account, how do i go about dealing with the people at aktiv regarding the debt ?

 

 

Just remember you can also claim back the charges on the Credit Card as well.

 

ALSO,the thing to remember most is that a DCA has NO power whatsoever, NONE. Now you have started to learn your rights, you make it as hard as humanly possible for AK to collect the debt.

 

You send the CCA request, then if they have a valid CCA, you send the prove it letter asking for poof they are entitled to collect the debt from you. If they send a dodgey NOA we then request the charges back from the acount, etc, etc.

 

Don't worry about these idiots again

 

Jogs

[sick of thames credit]

cheers guys, will send off a CCA request to aktiv tommorow regarding the credit card debt and subject accesss request barclays about the bank account.

 

regarding any bank/credit card charges, am i able to chase them up, they must be at least 8 years old, is there any statue limit on me claiming them back ?

 

where do i find the address to send my subject access request to barclays ? (on an unrelated issue of trying to find my partners endowment policy with them, their response has been "it's not our duty to help you").

 

is there a step by step guide to CCA requests (i've found a template, but have tons of questions which i'm sure have been asked and answered a hundred times on here) on this site, i dont want to mess it up. i've learnt the hard way, dont give these parasites any excuse or oppurtunity!

[Alex_DeLarge]

You can ask as many questions as you like (I know I have), better to get it right rather than send off a letter with mistakes in it.

 

I have had dealing with Thames and it took very little effort to get them off my back, have a look at my thread in regard to them.

 

Alex_DeLarge V's Thames Credit