I know hardupnotfedup, Just replying to questions.

I have been paying Aktiv Kapital 10permonth fr a couple of years, it was defaulted in 2004.

Will Do Rebel - Thank you for your help today

Thanks Rebel - I guess I just need to get hold of my old account number some how!

Great Stuff postggi - and very informative! How will I find out what the status of the ownership of the account is ie - absolute or equitable assignment?? The only thing I have is the above NOA. So what you are suggesting is that I CCA Morgan and Stanley before I SAR them? To see if it will be referred to Barclaycard? As for the interest rate I will have to wait for the SAR from M&S as Aktiv Kapital only sent then bumph I mentioned above. Is it SAR and CCAing them at the same time (M&S) Really appreciate your help.

Can anyone advise? I had a credit card with the Halifax that I settled about 5 years ago. I know there were loads of charges and missold PPI on there. Is there any way I can get these back even though the account is settled. I have no statements and can't even recall the account number - will I still be able to get these back? Will the Halifax still have record of my Account number - I do still bank with them. Many thanks in advance. K

posggi - I am new to all the lingo can you expalin what absolute or equitable assignment means? I am SARing Morgan and Stanley, this is my partners old debt and I am not sure what the interest rate was! We have been making min payments for past couple of years!

Fantastic Rebel - Least I know I am nor heading on the right track! Enjoy Your Bank Holiday - Not that they need one!

Thank you so much for the advance and links - will do as you advised! Enjoy your Bank Holiday - Like the Banks need one!

The famous Pinky69! Read to many of your thread/posts - think you are amazing. You have balls of steel an have encouraged me loads - Thank you for your post! K

Firstly I apologise to anyone that has previously helped me on threads and I seem to be asking the same questions again. Could anyone please advise that I have got my facts straight before I start claiming back charges and missold PPI. Between my partner and I we have 6 credit cards that got defaulted in 2004 and passed to DCA's. This was due to both of us loosing our jobs when I became disabled and my partner became my carer and helped to look after our children. We have had arrangements since 2006 with all these creditors that are now with different DCA's. I have SAR all of the DCA to try and get as much information as I can and to see if they officially own the debt. As I do not have copies of the Notice of Assignments. From what I can understand so far I believe that they do. (HFO/Aktiva Kapital/Turnbell Rutherford etc) I will also be CCA'ing them all (DCA's) tomorrow to see if the debts are enforceable. Working on the assumption that they do all own the debt and I want to try and claim back all the charges/PPI/Interest that the Original Creditor placed on the account before the defaults and the account and charges passed to the DCA's, do I need to then SAR the Original Creditor ie - Barclaycard and claim the charges from them? The reason I am SAR'ing them is that we no longer have any of the original statement.s Once I have these I will be able to calculate all the PPI payments and charges. Please Please Please can people confirm that I am following the right process. I am really sorry if I am asking repeat questions. I just need to make sure that I am claiming from the right people. I have spent scores of hours reading through this site, and the advice I have had has been amazing! I am just struggling to find examples of people wanting to claim back charges etc when the account has been sold to a DCA. Many thanks in advance!

I am trying to understand who owns the debt on this account. It is my partners account and I am trying to find out whether the account is enforceable and reclaim charges and interest. I got a bit confused and sent a SAR to Aktiv Kapital, as I wanted all the information they had on him and a copy of the CCA, which it stipulated in the letter template I used. I was quite surprised at how quickly they responded to the SAR and very disappointed at what they sent. The SAR included - 1) Copy of account details 2) List of abbreviations 3) Transcript of all details held on computer system 4) Copies of all letters sent regarding the account 5) Copy of payment history NO CCA - so I will give them one more chance by sending a specific CCA request and if they fail to comply I will send an account in dispute letter. What I really need to know is whether they own this debt? I am not sure if this copy letter they included (1st letter sent to him)is a notice of assignment, and if it is, does this mean they own the debt. Scanner not working so I am typing it out - LETTER DATED - 14/3/06 FROM THAMES CREDIT ******************************************************** We write to advise you that Aktiv Kapital Asset Investment Limited has bought the interest of Morgan Stanley Bank International Limited in the debt that you owe them under the above agreement. We are acting as collection agent on behalf of Aktiv Kapital Asset Investment Limited which is now the legal owner of the outstanding balance on your account. Our records show the total balance outstanding, inclusive of all accrued interest, amounts to £*****. You should not send any further payments to Morgan Stanley Bank International Limited and, if you have direct debit or standing order arrangement in favor of Morgan Stanley Bank Limited that should be canceled. Any future payments should be sent to this company at the address shown. Cheques must be made payable to Thames Credit Limited. If ,for any reason, you are unable to pay the full balance immediately you should contact us as soon as possible to discuss payments. Failure to do so may result in further action being taken against you. Further, please take this letter as notification that interest in being accrued on the outstanding amount at rate of 8% per annum. ********************************************************** Is this a notice of assignment? If so do they officially own the debt. If I want to reclaim interest and charges do I need to SAR Morgan and Stanley? All help appreciated as always!

Fab stuff slick - One of the reasons I have had to SAR the DCA's is that I don't hold any of the original paper work (most of these debts are about 6/7 years old), So I am not certain who owns the debt as i don't have notice of assignments. Not very helpful and expensive way of finding out.

Hi All, Thank you for the advice. Unfortunately I can not upload the questionnaire as my scanner has died a death - will see if I can find an alternative to try and post it up here. They sent me a 9 page letter and questionnaire. The questionnaire goes through all the basic stuff like address, old addresses, home tel, work tel, mob no etc. There is also a declaration page and another asking which proof of identity you are sending - DL/Passport/BC/Utility Bill etc. Apparently on one of their advice sheets it explain they need proof of name and DOB. How a utility bill gives them my DOB I don't know - at least they haven't asked me for my bra size! I am going to send a revised letter that harrassed senior suggested, and advise I am complaining to the trading standards and Information Commissioner. Does anyone know of any good letters I can send them or even contact details of the above. Really am a novice at this - I am sure I can do a web search for them. I am also going to send them a CCA request with the letter as it should speed this up a little with them, as I believe they only have 14 days in which to respond to a CCA request. As for the original creditor - Blessed Barclaycard I am going to send them a SAR. Do you think it would be worth sending a CCA with it as well as it means they have only 14 days to respond rather than 40. Any advice always appreciated! K

Thanks for the advice - once again just to clarify to get all the statements back I need to SAR both Cabot and BC? I am waiting for Cabots SAR anyway. Just one other thing - If the debt ends up being unenforceable, what happens to all the interest and charges that I claim back. If I am trying to get the debt proven to be unenforceable should I go down the interest and charges route at the same time. Sorry if I am not making any sense - just this could apply to a few debts I have. Thank you for your patience.

OK just to clarify - This is my next step - 1) CCA Cabot - in response to there SAR response letter advising them they must hold a valid CCA or they can not legally claim the debt. 2) SAR Barclaycard If I am trying to claim back charges and interest - any idea who I will be claiming from? As always dx you are amazing, and appreciate your support. K

Just had a look at the old paper work. For a while the account was passed from HFO and their sols Turnbull Rutherford. We then sent a I&E to them last year and advised financial difficulty. Offered 5p/m, turned us down and I ignored them and kept paying them this = I haven't heard anything since the rejected their offer. Min payment seems to be keeping them quiet. As to who owns this debt I think it is them as one of their Account Statements say they are the Legal Creditor and BC was the Original Creditor.

dx - just to confirm that this is another Barclaycard (my partners) - just to clear up any confusion. My the cabot one. As with the other BC - a large portion of the debt is from chrges and interest - some from DCA and some form BC. We have been making min payments over the past few years. The debt was defaulted nearly 7 years ago. I don't think I can reclaim the charges that BC originally made. The balance is constantly growing as due to the interest HFO add on. The min payments don't cover it - so the debt is just increasing.

Hold on? I can claim the interest and charges back?? Even though it has been passed to a DCA? What if the interest and charges are coming from the DCA?

Yep! I have had enough. The original debt was 300 pound and it went up to 900 pounds in charges - I just can't believe I have to pay 600 pounds on charges/interest. Just seems so unfair - did some research and came across this website - couldn't believe what I have read and learned here. Can you believe I used to be a collection manager for a Finance company. I hated it!

I have been paying it off for a few years unfortunately. No chance of status barred!

I sent a SAR to HFO who are dealing with an old Barclaycard debt. I wanted all the data/info they had including an CCA. Yesterday they sent a 6 page questionnaire, asking for addresses etc. They also said they require proof of identity - passport/DL/utility bill etc. Not happy about sending documents with signatures on. Has anyone else had this problem? Why do we have to send all this? They seemed happy enough It was us when they were taking our money. Do you think I should just ignore this and send a simple CCA request? All advice appreciated. K

Was defaulted about 6 years ago! I am spending alot of time reading around the forum and trying to understand most of what I read. What I am reading a lot of is when an account gets passed to a DCA eventually gets put in dispute, then eventually gets passed back to the OC and on to another DCA. Rather than going round and round in circles - why not just deal directly with the OC? If I am patient and go through the motions will there eventually be a positive outcome??? Just really need some encouragement - between me and my partner we have 6 creditors and been crucified with interest and charges. Just seems like a black hole!

Thanks for the advice as always dx - I am assuming they do not have one - so I am guessing as you mentioned before that I need to send an account in dispute and wait to hear from them? k

Thanks for the advice guys! As Cabot has responded to my SAR and advised that they are currently in the process of collating this information and they may or may not have the CCA agreement, do you think I should send a CCA request whilst I am waiting, and state that for them to legally demand money from me they have to provide a valid CCA? I just don't want to have to wait a month just for them to send me a load of irrelevant bumph and still have no CCA.