subscribing as well I have apex after me, just about to raise a CCA on them, although have already raised a CCA on Credit Security previously, and the have now passed the account onto the Apex (without the CCA request ...)

i All, just a quickie - helping nephew with 40K + debt, been on here a few times, working through the CCA's and SARs with all of his creditors, once things are clearer, probably going down the IVA route, one step at a time for now … We've just been offered bank charges refund on the Lloyds Credit Card (through the SAR process), however, LLoyds have not responded to the CCA request - so we have just stopped payments to them. The SAR letter from LLoyds asks us to sign and return the letter for the charges refund, if we sign - does this have an impact on the position of the CCA? i.e. by us signing the refund, are we now acknowledging the debt and thus invaildatinhg our case for the CCA?

Hi All, back ground to this one is here http://www.consumeractiongroup.co.uk/forum/general-debt-issues/124578-over-40k-debt-next.html basically I'm helping my nephew sort his life out. CCA'd and SAR'd all 7 of his creditors. Aktiv Kapital replied with one of their standard letters, so I followed in the footsteps of welshnutteruk and the first template letter from Curlben in this thread http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/125545-aktiv-capitol.html?highlight=40K I’ve just received a reply from Aktiv Kapital. ##### The comments made in your letter suggest to us that you perhaps do not fully understand our obligations under the Consumer Credit Act 1974 and Data Protection Act 1998. May we once again point out that we are not the original creditor. We did not provide you with the original credit facility. We purchased your outstanding debt balance and right to collect that balance. We did not purchase your actual agreement, consequently there is not an obligation to provide you with a copy, as the liability attaching to the agreement was not assigned to us. The Credit Services Association, of which this company is a member, advises in its guidelines that the debt sale process can be complex. However it states that members of the Association are to deal with requests under section 77 as though they were the originating creditor, in so far as they are able to. They state that it is up to each member on an individual basis to decide how far to comply with the Act. It is the policy of this company to seek to adhere to the provisions of the Consumer Credit Act as much as possible, but we repeat that we have not inherited the liabilities of the original creditor. Due to the nature of this particular agreement, you will have been made aware on opening the account that no agreement would be created. In your most recent letter, you advise that along with a copy of the agreement, you should also have been provided with a full statement of account. Please note that you original request (see enclosed) .[nothing enclosed] related to a copy of the agreement only Under the Consumer Credit Act 1974, a creditor need only seek to provide what is asked for. However, as a gesture of co-operation please find enclosed a screen print of payments you have made both to Aktiv Kapital, and to JD Williams Limited, along with details of the last three items ordered from them by you. [No screen print outs enclosed however, the SAR on JDW has provided what they would have sent anyway] We also enclose a copy of your letter [no letter enclosed] to us dated 17th December 2007, in which you gave authority for us to deal with [me] in respect of all you accounts currently held with us. At no point did you refer to there being any ‘alleged accounts’ held with us. Therefore, as you are not specifically denying that you are liable for the debt, there is no reason why our debt collection activities against you should be suspended. You owe £1,169.51 on the above credit agreement, which originated with JD Williams Limited. You acknowledged this debt when you last made payment of £11.00 on 07th February 2008. Since the account defaulted at £1,191.51 on 04th October 2007, you have made payments totalling £22.00. Entirely without prejudice, we would be prepared to accept the sum of £500 as full and final settlement of the account. As a matter of good business practice we shall, on receipt of payment, update your Credit File to Satisfied in Full as opposed to Partially Settled as is normal procedure when accepting reduced payments. Our offer is made on condition that payment is received by 14th March 2008 and is made simply to try and bring these matters to a satisfactory conclusion. Alternatively we are willing to continue to accept instalments of £11.00 per month. Please note that should you cancel the standing order set up with us, you will have defaulted on the agreement made both orally and in writing by you, to discharge this debt. In line with our official complaints procedure this letter constitutes the company’s Final Response. A copy of our company complaints procedure is attached for your information. Should you remain dissatisfied with our Final Response you may refer your complaint to the Financial Ombudsman Service and I have enclosed their leaflet ‘Your Complaint and the Ombudsman’ for you information. Should you wish to refer your complaint to the Ombudsman you must do so within 6 months of the date of this final response. We reserve the right to litigate and to produce a copy of this letter to any Court, on the subject of costs. #### So my next course of action is to a) cancel the direct debit to Aktiv Kapital, b) I’ve spoken with the Credit Services Assoc, and read them the line “section77… in so far as they are able to” and was told that it was possible that AK were outside of the Assoc’s Code of Conduct and I should raise a complaint with the CSA for them to investigate fully. c) I’m just sorting out the complaint paper work to the FOS, but I’m also considering sending one final letter back to AK along the lines of the template from “make them aktiv runners” http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/128517-acktiv-kapital-reply-cca.html?highlight=aktiv but will include the following #### Your suggestion that we do not understand your obligations under the CCA 1974, and the Data Protection Act 1998, is erroneous and can be construed as an attempt to mislead. Your claims to be acting according to your obligations and within the guidelines of your membership of The Credit Services Association are irrelevant. The association is neither a government body nor are they responsible for enforcing legislation in relation to your industry. #### Does this all sound like a reasonable approach – are there other things I could pick out of the reply from Aktiv Kapial – or given that they have stated that the letter constitutes the company’s Final Response” would I be wasting my time? Cheers for reading all this!

Aktiv Kapital are only 1 of 7 creditors I'm trying to sort for my Nephew! just over £40k owning across them all background in this thread ... http://www.consumeractiongroup.co.uk/forum/general-debt/124578-over-40k-debt-next.html Where did you look at your credit report, is it on line?

Hi all, mind if I jump on the back of this thread - I've also CCA'd Aktiv Kapital, and just received their standard letter back. Exact wording is here:- In response to you request for information under the Consumer Credit Act, please note that we are not the original creditor nor did we provide you with the original credit facility. We purchased your outstanding debt balance and right to collect that balance, together with the right to apply interest in accordance with your original Credit Agreement (where appropriate). We did not purchase your actual Agreement, consequently we have no obligation to provide you with a copy of that Agreement. However, as a matter of good practice, we have requested a copy of the original application form from the originator, however they are unable to rerieve this as a copy of agreement never existed for the above account. Please note that the original creditor, JD Williams have confirmed that your client was aware of this at the point of opening their accounts. In the meantime there is no reason why our debt collection activities against you should be suspended as you have previously made payments on this account and payment arrangement is currently in place. We are the legal owners of your account and your liability is now to us in respect of repaying the outstanding balance that was purchased by this Group of Companies. I'll also be following the advice given above and send off the formal complaint once the time is up.

Cheers PriorityOne & Rory32, I assume the CCA letters have to go to the current DCA and not to original bank / loan companys. We'll also get the SAR letters on the move, with these I assume these do have to go to the original banks / credit card companies. I'm even going to do an SAR on my own accounts! Re the IVA/BR - I am not planning on doing anything here until the nephew has started living within his budget. Re the "notice of disassociation with the CRA's" I've had a read through the FAQ's and templates and can't see any templates, are there any specific legal wording I should use, or just "don't link the nephew to us financially" but of course a lot more eloquently. Great site - keep up the good work.

My first post on here, after spending a few hours reading all I can … Two questions or guidance welcome … First off, the background, the debt is not mine but my nephews that is now living with us (after being kicked out of his family home). The nephew has been ignoring all letters from the creditors for the past year, we stepped in when the threat of court action appeared on the door step. The debt is currently split across 4 creditors, although they originally started as 7, covering 3 loans, 2 credit cards and 1 store accounts and 1 current account. They are at various stages of “collections” – ranging from Court action threatened, issued to doorstep collectors, or DCA who don’t appear too bothered. I have been in contact with all 4 and submitted a “budget plan and payment offer”, with payments due to start in Jan 08. 3 have agreed to the plan so far, the forth is due to let me know next week. I view this as a holding point for 6 months, so we can plan his next steps. He is now employed, however, given the size of the debt, he will be repaying this for over 10 years, even when the plan is offering 50% of his salary. I am looking at IVA or BR, but that decision will be a few months away for now, I just need to see if he can actually pay the monthly amounts and live by the agreed budget. He is in his early twenties and needs to grow up rather quickly! What I have found most amazing while working through all of the paperwork he has still got (which is not much!) and from the discussion with the creditors, is that one high street bank in particular had actually let him have a total of £28k unsecured debt when he was only earning £12k pa. It was also applying bank charges on his current account each month (which was beyond it’s O/D limit) when it tried to make payments to the 2 loans accounts and credit card, all held with the same bank. So my questions or guidance are:- Reading through the various threads – it looks like the CCA request is a good next step, (once the boy has made his first payments!) do you agree? Is there any course of action I can take with regards the bank charges? And the fact that the bank clearly lent money to someone that would have no means to repay them. Or should I just focus on the IVA route next? Finally – as mention above – he is now living with us, and all bank statements are “c/o” our address, he does have a different surname to us, however, I assume this will hit our own credit rating at our address? We need to get a new mortgage in 4 months time…