default.... aktiv kapital

[diskmandave]

Hi pebs and welcome to the forums!

We acknowledge receipt of your request for information under the Consumer Credit Act 1974, however, 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 will seek to obtain a copy of the original Agreement from the original creditor and if it is available we will forward a copy to you as soon as possible. In order for us to comply with your request, please forward to us payment of the statutory £1.00 fee.

I'ld play along and do what they suggest so that there is a formal request in place, but their statement about not being the original creditor and having no obligation is incorrect. You may wish to remind them of Section 189 of the Consumer Credit Act 1974, which states;

“ creditor “ means the person providing credit under a consumer credit agreement or the person to whom his rights and duties under the agreement have passed by assignment or operation of law, and in relation to a prospective consumer credit agreement, includes the prospective creditor;

Best wishes, Dave.

 

[diskmandave]

The cca states the amount of credit was £80 at 0%apr and aktiv are claiming I owe £177.

Even if there's a contractual provision for interest after default, it's 0% !!

 

Bet your bottom dollar that there are charges added that are unenforceable. Ask Aktiv for a full breakdown of all credits and debits to the account.

 

If as you state you're happy to settle the original debt, make an offer to Aktiv that would reflect the debt being paid in full... ie, offer the £80 on condition that it's in full settlement and insist on that in writing before paying anything.

 

Best, Dave.

 

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