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sane man

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Everything posted by sane man

  1. Thanks, pmhcfc - I think I'm going to approach this in the way you suggest, initially by modifying the "Letter when account has been passed on whilst agreement request is in dispute" template found on the consumerforums.com site, referring Aktiv Kapital specifically to BC&W's response to my CCA request in November 2007 which stated: "I would advise that we do not hold copy Credit Agreements, as we are not the Creditor. However, I would advise that I have placed this account on hold and have asked our Client to forward the documents to you directly." (which to me implies BC&W made no effort to locate any agreement and threw the ball back to Thames Credit, from who I have never heard in the 19 elapsed months since). I will keep you posted of proceedings, although, naturally, things may slow down as I'm likely only to be reporting on any correspondence sent to or from me, but, hopefully, weeks, months or even (Heaven forbid) years down the line, people in a similar predicament will be able to follow the thread to its (hopefully positive) conclusion and glean some reassurance and/or guidance from it. I'll 'compose' the "in dispute" letter this weekend, when I will be able to give its phrasing my undivided attention, sending it by recorded delivery next Monday or Tuesday (together with a £1 postal order if appropriate). Again, many thanks to you all, and I'll let you know the moment the letter's posted!
  2. Gixer1100, it sounds like your experience with Aktiv Kapital is extensive! I could happily cope with 'impotent' letters from them, if this is, as you say, the "limit of their powers", so there's one vote thus far for option '1'! As for option '2' I feel I may have found the most appropriate 'letter template' on the Consumer Fourums website, namely the "Letter when account has been passed on whilst agreement request is in dispute" template (see link below). Any members' thoughts on this will, it now goes without saying, be taken on board (apologies in the meantime, but I may not be able to reply until tomorrow evening now, as I simply must sleep! Good night, all.) http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute
  3. Firstly, thank you all for replying! It might sound trite, but just to have other people acknowledge my predicament eases my worries somewhat! Thank you all! Anyway, I have taken time to consider the thoughts of all those who have thus far responded to the thread (although I had to re-read the experiences of Allwood's partner three times before I followed it! I only hope my future experiences in this area do not become as complex and drawn-out!). Now, although I know for certain it will make make for continued anxiety as I await "their next move", I have, for better or worse, decided not to enter into an agreement with Aktiv Kapital (their ten-day offer to wipe two-thirds from my account expires this Saturday, the 11th July, by the way). I am now considering two options: 1. Not responding at all, since it appears (or at least it can be inferred with some degree of certainty) that they currently lack an enforceable agreement, and therefore (as cerberusalert, NailPost and kurvaface have pointed out) can take no legal action against me (although I imagine I might at this point be told by forum members that a golden rule with alleged debts is for the alleged debtor to always stay in touch with the debtee. Please feel free to tell me off if this is the case here!). 2. Refer Aktiv Kapital to the CCA request I made to BC&W in November 2007, reminding them that 19 months of zero correspondence has elapsed since BC&W's response (quoted in my opening thread post, above), and informing them that unless a CCA is forthcoming I will regard any future contact as 'harassment' (or is that too strong?!) I'm guessing that most of you would recommend some kind of variation on option '2' which I will of course welcome and consider. And, if you feel it would help, might anyone refer me to an appropriate 'letter template' which I might modify slightly in order to appropriate my needs? It goes without saying that any other 'option' you feel I should look at will be seriously considered. And thank you all again! Thanks to you I feel significantly better than I did two mornings ago!
  4. Good day to you all. Having recovered from almost fifteen years of alcoholism, I have, over the last three years, pretty much got my life back in order, save for the biggest cause of worry and anxiety that never left me during those drinking years: a relationship with Thames Credit, born out of an ill-advised £8k Barclayloan dating back to 1999 which I spectacularly failed to repay as my life continued to disintegrate around me. Anyway, long story short, in late 2007, after years of minimum payments and worry which didn't get me anywhere at all with the debt, I failed for the Nth time to make a one of my monthly payments to Thames Credit; shortly afterwards I was contacted by Buchanan Clark & Wells who were now after approximately £9,100 from me. In a state of panic, I searched the web and stumbled across your forums. Within a day I had sent a postal order for £1 together with a CCA request. This turned out to be a mistake on my part, but not wholly pointless, as I received a reply from Buchanan Clark & Wells post-dated November 2007, stating: "I would advise that we do not hold copy Credit Agreements, as we are not the Creditor. However, I would advise that I have placed this account on hold and have asked our Client to forward the documents to you directly." (my £1 postal order was also returned!). So, I sat tight... ...and heard nothing for over 19 months, until earlier this week when I received a letter; not from Buchanan Clark & Wells, nor from Thames Credit, but instead from Aktiv Kapital, offering a discount: "Our aim is to help you clear the balance. We will do this by saving you [just over £6k] on the balance, as a special offer. That means you make a payment of [just under £3k] and we will clear the rest for you." ... "Call us free on 0800 xxx xxxx to take up our offer within the next 10 days. We will also discuss how many months you can pay this over." Now, please bear in mind that this debt, however trivial it might seem to some, has caused me more anxiety, nausea, and irrational worries than most other things in my life, that I am inclined to come to some sort of agreement based around Aktiv Kapital's offer, as it seems I could finally see an end to all this worry. But, at the back of my mind, I can't help wondering why they've made this sudden offer after 19 months without any contact whatsoever. The tone of the entire letter constitutes the only 'friendly' debt-collector's letter I have ever encountered in nearly ten years of (often unpleasant) letters from such people. In the small print, near the foot of the letter, it reads: "What if I don't pay? It may your credit rating. You may not be able to obtain further credit until you have cleared your account balance with Aktiv Kapital Ltd." ...and that's the closest thing to a threat contained in the letter! So, to summarise, three questions: 1. Why am I now (19 months on) dealing with Aktiv Kapital instead of either Thames Credit or Buchanan Clark & Wells? 2. Why have Aktiv Kapital made such an (arguably attractive) offer out of the blue? 3. And should I take them up on it before my 10 days are up? (This would be a terrific struggle, if I were to make 'realistic' payments, but I feel (or perhaps simply hope) that this would be counterbalanced by the feeling of a 'light at the end of the tunnel' finality to years of worry). And thank you for taking the time to read!
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