Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Sent our £1.00 fee for CCA June 30th
received reply dated 9th July;
Summary of their reply;
Aktive: We are not original creditor nor did we provide you with original credit facility.
We purchased the outstanding balance together with the right to collect that balance,together with right to apply interest in accordance with your credit agreement (where appropriate).
Aktiv. We did not purchase you actual agreement,consequently we have no obligation to provide you with a copy of that agreement.(Oh! is that so? Dont think so pal).
Aktiv. However we have tried to get a copy of the original agreement from the original creditor and they have advised us that it is not available. even bigger (Just fell off my chair! -ROFLMBO - Oh Dear me thinks - shame ).
Aktiv. As you are not denying the knowledge or liability of this debt, there is no reason why we cannot continue taking payments from you. (try reading above paragraph - I cant my ribs wont take it).
Aktiv. We are legal owners of account and we want our money. ( na na nana!)
Aktiv. Unless you telephone us within 7 days of date of letter or write back asap setting out any reasons for non-payment the matter willbe passed back to our collections division for further action. ( na na nana..please try).
Aktiv. It is in your interest to contact us we may give you a substantial offer. (must rush to the phone....NOT)
Decided to phone them anyway...I told them that I was so sorry that they couldnt find the agreement and reminded them that they could not sell on the debt and that the balance had been reduced because it was now nil.
1.
Now as they havent got the agreement it shouldnt come too light at a later date therefore am i correct nil balance?
2.
Can I claim back any payments that have been made because they had no legal right to collect monies because they were not acting within CCA?
3.
Have I got to send them S.A.R - (Subject access request) to find out exactly what has been paid and any penalties or interest added or even the actual balance when they purchased this debt......That i havent got?...He He (sorry couldnt resist na na nana )
Going to start my own thread: hsbcfiddled (ROFLMBO) v Aktiv Krapital
1. They may not have the agreement but the debt still exists. They cannot take you to court without the agreement in spite of what they say
2. You would have to prove you were forced into making those payment by fraudulent means
3. By all means send them an SAR to see what they have on you, this would be a double edged sword as by claiming back charges you admit the debt is yours but this would not be sufficient for Aktiv Krapital to take you to court. Without the CCA the debt is unenforceable.
They claim to be the legal owners therefore by their own admission they have assumed not only the rights to the debt but the duties as well. I suggest you invite them to read S189 of the CCA
1. They may not have the agreement but the debt still exists. They cannot take you to court without the agreement in spite of what they say
2. You would have to prove you were forced into making those payment by fraudulent means
3. By all means send them an S.A.R - (Subject access request) to see what they have on you, this would be a double edged sword as by claiming back charges you admit the debt is yours but this would not be sufficient for Aktiv Krapital to take you to court. Without the CCA the debt is unenforceable.
They claim to be the legal owners therefore by their own admission they have assumed not only the rights to the debt but the duties as well. I suggest you invite them to read S189 of the CCA[/quote]
Thanks for the reply ODC
2. Payments have only been occasional or even sporadic.
3. If there is no gain for me i wont waste the £10.
The debt is unenforcable so there is nothing they can do. 12 working days after they received your CCA and failed to produce it they are in default so you can LEGALLY stop paying.
After a calendar month they will have committed a summary offence.
Whilst this debt is in dispute they cannot demand payment or pass it on to some other lowlife company. If they contact you again you may want to suggest the pay attention to s77, 78 and 189 of the CCA. What they state in their letter is bullsh!t.
Write to them and DEMAND a copy of their formal complaints procedure and forward a copy of their rubbish letter to Trading Standards. Its full of lies and misleading staements. A complaint to the OFT may do no harrm either as they are in severe breach of OFT principles
Although..... on the other hand....... they bought a debt that wasnt properly executed.
Admitted payments have been made to the original creditor (to whom the debt is also unenforcable) but Aktiv Kapital have bought title to an unenforcable - (unlawful agreement?) therefore payments to AK have no legality and should be returned.
Payments to original creditor I am willing to forget.
What if the copy arrives and it appears that the details have been 'gone over' because the original may have faded.
Dont hold your breath for the agreement,
If one arrived that had been tampered with they would be so deep in the doo doo with the courts that the judge would not only throw their 'case' out but they would find themselves in the box facing questioning instead
Mind you they might have photo copied the agreement - and then doctored the copy.
Thinking that if we accepted the copy it would all be forgotten.
Original must be so badly faded Or they have copied and pasted together new agreements.
OH swears they signed A5 sized doc but we got A4 copies.
I read your other thread. Methinks there is some mischeif afoot. Thats why I always recomend using postal orders and signing in Block Capitals or a completely different signature to all your official ones.
I think you could be safe in the assumption that they have diddly squat of a Legal CCA. Write back and challenge the authenticity of the documents with them. Tell them that you will be asking the courts to compare what they have sent to you with the originals they allegedly have in their possesion. They sure be aware of the offence of Uttering False Documents
I do intend to challenge the authenticity, but not yet.
I want evidence of payments made because they havent as yet provided a statement of any sort in two years.
Re: Diskmandave -v- Robinson, Way & Co
in accordance with your credit agreement (where appropriate).
Dont think so pal).
even bigger (Just fell off my chair! -ROFLMBO - Oh Dear me thinks - shame ).
na na nana!)
hsbcfiddled (ROFLMBO) v Aktiv Krapital
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Originally Posted by hsbcfiddled
