CCA Request - Aktiv Kapital

[Brassed off]

Received a letter from this lot in March of this year (before I found this site) stating "Notice of Legal Proceedings" threatening solicitors.

 

Panicked, and rang them and arranged token payments of £5 per month.

 

After finding CAG, CCA'd them at end of June;) .

 

Got letter today acknowledging CCA request and advising that info has been requested from Original Creditor and stating that they "aim to provide me with this same information within the statutory 30 day period" (err... no, 12 days pal!!) and also stating that they had attached a copy of the "Deed of Assignment" sent to me in August 2003. They also state that "we would advise we retain your data in line with the Data Protection act and should you have any further queries, please telephone us on XXXXXXXXXX" - yeah right, these numpties put a default on my credit file in May, even though I was making payments.

 

The "Deed of Assignment" attached is dated 4th July 2007 (and from info from my pal Rory, it should have the original date of assignment on it) and for a start, it's not a Deed of Assignment but a Notice of Assignment.

 

What's made me laugh is the fact that they've written at the bottom "this is a true copy of the original deed of assignment issued to you originally on 11/08/03".

 

You gotta laugh

[Darren]

I have 2 deeds of assignment from these muppets, they both have different dates on

[Brassed off]

Darren

 

Were they for two different debts or the same one?

 

BO

[Darren]

Both the same debt

 

1 dated 9th May 2007

1 dated 21st May 2007 with 'COPY' stamped over the date.

 

The last payment was made on this account 5/6/01 but they are telling me its not statute barred because they've been writing to me.

 

They also sent an agreement with no dates or company signature on it, and they are still asking for money

 

I cant wait for my day in court, but I doubt they will take it that far

[Curlyben]

Darren, yeah right.

If YOU haven't acknowledged this "debt" in the prescribed SIX years then it IS stat barred.

Acknowledgement includes payment and in writing, anything else doesn't count.

As ever AK are talking out of their bottoms.

 

If a lender allows time to pass without receiving any payment an action for recovery may become barred.

 

Under the Limitations Act 1980 the time limits are

• in simple contracts, 6 years
  
• in contracts under seal, 12 years.

If the debtor acknowledges the debt in writing or makes a part payment within the original limitation period, then the time limits start to run again from the date of acknowledgement or the date of payment.

 

Even though the lender may be barred from pursuing recovery, a debtor may decide to pay the debt after the expiry of the time limits. Because of this you should allow a debt which is otherwise statute-barred if the personal representatives pay the debt and you receive evidence that the payment has been made.

 

The above instructions do not apply to debts in Scotland. Under Scottish law, if a lender allows time to pass without receiving any payment an action for recovery may become barred under the Prescription and Limitation (Scotland) Act 1973. (For details of this Act see Gloag and Henderson 10th edition at Chapter 15.). These debts are completely extinguished and cannot be enforced. Once the prescriptive period expires the debt cannot be allowed as a deduction.

[Brassed off]

Well 12 + 2 today and still no sign of CCA:rolleyes:

 

Oh well, think I'll just wait the extra 30 calendar days........ho hum!

 

Bo

[Brassed off]

Update:-

 

Received a letter from Ak Krap today:lol:

 

"We refer to your communication in respect of the above account and enclose herewith copy statements as requested." Enclosed are photocopied statements on the alleged account (these were from May to November 2002!) allegedly from Dorothy Perkins, not a "Statement of Account" from Ak Krap when they allegedly took over - the statements look like they've been typed on an old manual typewriter with no Dotty P's logo in sight. Keep digging Ak Krap;)

 

Now I've read on another thread that Ak Krap have received training recently on how to respond to CCA requests............well if you pay peanuts:lol: ................

[Curlyben]

Well you know what to do.

WAIT and see what else they send

[Brassed off]

Well you know what to do.

WAIT and see what else they send

 

Can't wait

 

Er - that thing about peanuts - no pun intended CB!

 

Bo

[Curlyben]

It's OK I prefer Bananananas anyway

[Brassed off]

Well, just when you thought they'd disappeared - letter received from Ak Krap on Friday and I quote:-

 

"You failed to respond to agents acting on our behalf to recover the balance owing by you. (Er, nope, never heard a thing from anyone since I CCA'd you in July!!!) "As a result they have recommended the perusal of legal action and returned your account for our consideration." (Erm, wasn't born yesterday - am a CAGer now:D)

 

"We would prefer to deal with you out of court and as such we make this request for payment terms". (ooo - get some grammar lessons!!!)

 

We understand that your financial circumstances may be preventing you from making contact. (Er, nope, you haven't replied to my CCA request - you numpties!!! - er, in writing only - thank you). Aktiv Kapital having been assigned your account is here to work with you in order to clear your liability, satisfy any default and help you to improve your credit rating. (Bookie, Scarlet Pimpernel - I need counselling on the grammar issue - I just can't cope ) "Unlike any previous collection agencies our sole objective is to clear the full balance and we are prepared to listen to any offer of repayment, we are here to work with you for the long term." (Hey, Ak Krap - you wanna clear the sole balance - go ahead, make my day!!!).

 

When setting up agreements, Aktiv Kapital are prepared to listen to your personal circumstances in order to find an arrangement that is both affordable and fair.

 

CALL BLAH BLAH BLAH IMMEDIATELY TO SEE HOW WE CAN HELP YOU!

 

Yours faithfully

 

Some squiggle!!!

 

 

Ak Krap

[elsinore]

Ah yes, I remember it well.

 

I have one of those, brassed off, among my collection of, lets see (thumbs through file) yes, fourteen letters that AK sent me over a six month period.

 

They range from polite enquiry to threats of disembowelment, with all shades in between. One of them was even a 'SALE' offer, pay now and we'll knock 25% off!

 

When I've finished with them, I'm going to cut them into four and hang them on a nail in the dunny out the back. Then, occasionally, when it's warm, I will put them to good use.

 

Els

[Brassed off]

Big style "numpties" then Els - you have just confirmed that for me - thanks!

 

Yep, think they have brought in the 3 year olds for weekend work lol:D I mean, sending out an alleged NOA, printed on their own headed paper dated July this year with a scrawl in the bottom corner stating "This is a true copy of the Deed of Assignment sent to you" - yeah right:rolleyes:

 

Oh well, tempted to send an ODC special:-

 

Dear Ak Krap

 

Yep, you are numpties and that's official - no CCA - so feck off!!!!!

 

Oooo yes - tempting, very tempting - but a Curlyben Special should sort them out:-

 

"Originally posted by the Monkey"

 

Dear Ak Krap

 

I refer to my letter dated xxxx June 2007 which was delivered via Special Delivery to your offices and received onxxxx July 2007, a copy is included for your perusal and ease of reference.

 

To date, you have failed to supply the requested documentation. These documents should be readily available as proof of your legal right to collect on this account.

 

In my letter of the xxxx June 2007, I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition, a full statement of my account should have been sent to me detailing all debits and credits to the account from the time you allegedly purchased this account along with any other documents mentioned in the credit agreement.

 

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commits an offence. These time limits expired on xxxx July 2007 and xxxx August 2007 respectively.

 

As you are no doubt aware, Section 78(6) states:

 

If the creditor, under an agreement, fails to comply with subsection (1) -

 

(a) He is not entitled, while the default continues, to enforce the agreement and

(b) If the default continues for one month, he commits an offence.

 

Therefore on xxxx August 2007, this account became unenforceable at law. No further payment will be made by myself to the account, as you have failed to comply with my lawful request under the relevant sections of the Consumer Credit Act 1974. You have failed to supply a true signed copy of the alleged agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment under the relevant sections of the Consumer Credit Act 1974. Furthermore, I do not acknowledge any debt to Aktiv Kapital (UK) Ltd.

 

I require the following action from Aktiv Kapital (UK) Ltd:-

 

1. All payments made to date to Aktiv Kapital (UK) Ltd for this account should be refunded in full, including interest at the rate of 8% per annum.

 

2. Removal of all defaults entered by Aktiv Kapital. Note: this is to be a complete deletion and not merely an amendment.

 

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past nine months.

 

4. After a full refund of all payments with interest and compensation are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998, to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

 

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force Aktiv Kapital (UK) Ltd or any other company within the group, to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the Financial Crime Branch of HM Treasury, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.

 

I look forward to your reply in writing within 14 days to resolve the matter amicably and await your response.

 

I would appreciate your due diligence in this matter.

 

 

I await your rapid response.

 

 

Yours faithfully

 

Bo

[elsinore]

Very good letter Bo, I would send a copy to TS in Chester anyway and note it on the original to AK. You won't get a response from TS, but it's another small nail in AK's coffin.

 

You probably realise that you won't get a sensible reply from AK either, but it will all come in handy in your bundle, should you sue them.

 

Els

[make them aktiv runners]

When setting up agreements, Aktiv Kapital are prepared to listen to your personal circumstances in order to find an arrangement that is both affordable and fair.

 

Cannot resist this one. Maybe tell AK that they must have the original agreement before they ask you to commit to another agreement. It just shows how their letters can be read as if they are offering a new financial product!

[Brassed off]

Well, I did "borrow" it from Curlyben;)

 

Thanks - yep, copy to TS Chester sounds good to me:D

 

I think AK have given my "complaint" to the "office juniors" to deal with:rolleyes:

 

Mmmmm, "sue" - I like the sound of that:D

[Brassed off]

Thanks Activ - sussed that!!!

 

I wouldn't mind but this is for absolute peanuts - I don't know why they bother - they obviously have zilch but still insist on sending our their threatomatic specials - I give up:rolleyes:

[Brassed off]

Since sending out Curlyben's letter in post #13, I've had two standard threatomatic letters - one threatening court action and the other saying I have defaulted on the payment arrangements.

 

Neither of them make any reference to my letter:rolleyes: They have obviously just totally ignored it, which is exactly what I'm going to do with theirs.

 

I have written to TS, but not received a response to date.

 

Well, I'm going into "default mode" now. I'll just wait and see what their next move is.

[Having_A_Knightmare]

Go get em BO

 

They will learn in time when they have been CAGGED

 

HAK

[PriorityOne]

Good on ya, Bo... !!

[Brassed off]

Thanks peeps!

 

What's really annoying is that I know they don't have the agreement and they know they don't have the agreement, yet they think that a couple of standard threatomatic template letters are going to scare me:rolleyes: I don't know why they just don't pass it back, then I can add another DCA to my list.

 

Can't wait for their next response, they are gonna get the biggest "Bog Off" letter they've ever seen:D Which reminds me, this is for a Dorothy Perkins card and in view of the piddly amount they're after, I might just have to send an S.A.R (Subject Access Request) to Dotty P's and go for the charges, they've got to be more than the balance owing and I could do wish some extra cash;)

[Brassed off]

Well, yet another nastygram from Ak Krap this week:-

 

"Due to your continued failure to maintain the agreed repayments to clear the outstanding debt, you are now advised that if your repayment plan is not reinstated and maintained, we will take further action.

 

It is in your best interest to contact one of our advisors immediately to discuss the arrangements. Ooooo, tempting:grin:

 

DO NOT IGNORE THIS LETTER AS YOUR ABILITY TO OBTAIN CREDIT IN THE FUTURE MAY BE SERIOUSLY AFFECTED

 

We at Aktiv Kapital specialise in and prefer out of court settlements and will deal directly with you in a straight forward, upfront, but polite and understanding way." Specialise in out of court settlements? - yeah right

 

 

This is the third nastygram since I sent Curlyben's "missive" to them.

 

Just going to chase up TS on this one - should shut them up once and for all;)

[MoonHawk]

Specialise in out of court settlements

 

It's true. Because they never have the right to take you to court

 

Best Wishes

MoonHawk

[Brassed off]

 

In a sad kind of way, I'm actually enjoying this battle. Why is it that the DCAs you owe the least to are like a dog with a bone and just won't drop it even though they can't provide evidence of the alleged debt?

 

All my larger creditors are playing ball - so far

[Aktivkapitallover]

God you people make me laugh have you got anything better to do than moan about the debt you owe. at the end of the day you owe aktiv kapital money why dont you just pay it? i did and to be honest i would expect threatining letters if i was in debt with them. i got one of them and they offered me a part settlement and i paid it and the matter is closed! you debtors should just face the music and pay because your debt wont be written off as for satute barred you still have a moral obligation to pay it. i have one peice of advice tho dont live beyond your means and you wouldnt have the debt in the first place. Aktiv kapital are a debt purchaser not a dca by the way