AKTIV KAPITAL - again!!!

[paganpete101]

Hi guys, not been on for a long while, got an interesting letter in the post this morning....

 

Story begins....

 

About 6 months back (March 2007 I think) I got a letter from AKTIV KAPITAL regarding some YOUNGMANS account which I have no idea about anyway - I sent them a CCA to which I had no reply UNTIL THIS LETTER - see pic below....

 

Question is - what do I do if anything and what on earth does all this babble mean?

 

Cheers,

 

Pete

 

[cerberusalert]

In a nutshell....they are talking out of their rear end!

 

No CCA = NO DEBT

[Docman]

Look at the other threads just posted about AK. Looks like they don't want to supply the agreement. Fine. I would respond by telling them that they will have to produce the agreement with all the prescribed terms if they want to sue. Without the agreement they cannot win and will know that. In addition they will incur court cots which they wont recovery.

 

If you can stomach they calls, you could just sit back. On the other hand, if you want to avoid their hassles and if they haven't been too nasty so far, you might want to offer what you consider fair and that you can afford now, in full and final settlement with a clear CRA record. I 'd be tempted to offer £200, REDUCING to £150 if they don't accept immediately.

[asiddle]

Well personally I would just let this run until the 12+2+Month expires then just let them know you do not intend to pay. As you will see from my other posts about AK, they are not forth coming with evidence nor do they attend court appearances. So hang tight and let the good times roll

[paganpete101]

HI,

 

Thanks for advice so far - I do not have the £200 to offer them even if I wanted to - I do not even know if the debt is mine - they have not said who it is for or what, or anything! They do not have my phone number so cannot call me which is a bonus!

 

Anymore help appreciated!

 

Pete

[tooth_fairy]

I very much agree with the previous posters- await their defaulting on your requests for your credit agreement, no CCA= No ENFORCABLE debt, I highlight the word enforcable, because it doesn't mean it doesn't exist.

 

I notice you state you have no knowledge of the alledged debt, have you checked your credit record and have AKTIV CAPITAL registered a default against you. A common tactic used by DCA's is that they will blast mailshot everyone with the same name or surname or date of birth and it is important to your credit record to get any annomilies removed, especially if the account was never yours in the first place.

 

Do you know, from any correspondance from AK, when the alledged debt is from?

 

NB did a quick google on 'Youngmans' and came up with a ladders company or a compnay that deals in guns amongst others!

[paganpete101]

Hi,

 

The CCA was sent to them about 5 months back I think (did not keep exact date).

 

No, I only got one letter from them saying I owed this money so I CCA'd them and got this 5-6 months later!

 

I did get an air rifle about 9 years back (was about £200) but sure I paid it back in full (was going through a divorce at time too )and now that name rings a bell!

[tooth_fairy]

OK, if it is indeed the air rifle company and the account is over 6 years old and you have not acknowledged any debt in writing, this may be stature barred, although I am not 100% sure on this, so someone else may correct me on this.

 

This means they cannot pursue for the debt, won't stop them trying though!!

[paganpete101]

Thanks for that - hell of a lot of charges (£1700) if it is for me then on a £200 rifle (of which I am sure I either paid all off or left some ( )

 

Pete

[djdave]

The Credit Services Association, hey. Bless 'em, they're always good for a laugh. I particularly like their advice that it's up to members to what extent they comply with the Consumer Credit Act - that's priceless.

 

"Yes we know it's the law, but it's up to you how much you obey it". I'll try that if I get stopped for speeding....

[Curlyben]

Throw this at them

 

Edit as needed

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

*- Delete as needed

Enjoy

[paganpete101]

Thanks CB!!!

[Guest Fallenangel]

Hi pp, have you read my thread earlier about AK?

 

I knew the debt was statute barred and so I never bothered asking for a CCA cos there had been no payments or no acknowledgement of the debt in over 6 years and I knew they had no proof of that. Indeed they did not and I was offered a "special reduction of 50% of the debt". I stuck to my guns and reiterated the statute barred letter. It payed off cos they have closed this old account.

 

Good luck with this

 

FA x

[Cartmans Kitty Kat]

I worked for Aktiv, and in truth, very few of the accounts they bought came with the right paperwork.

 

How would they prove in court that there was a debt to be answered? A judge would not be able to pass a judgment and it would be thrown out.

 

Their 'special reduction' figure is so they can recover some of the costs, and make a little profit on how much they bought the debt for.

 

Stick to your guns - they'll write it off.

[babybear39]

I worked for Aktiv, and in truth, very few of the accounts they bought came with the right paperwork.

 

How would they prove in court that there was a debt to be answered? A judge would not be able to pass a judgment and it would be thrown out.

 

Their 'special reduction' figure is so they can recover some of the costs, and make a little profit on how much they bought the debt for.

 

Stick to your guns - they'll write it off.

 

Or pass it on to thames credit or another lowlife ponsdscum

 

PS. Why are you digging up old aktiv threads?

[Cartmans Kitty Kat]

Hi guys, not been on for a long while, got an interesting letter in the post this morning....

 

Story begins....

 

About 6 months back (March 2007 I think) I got a letter from AKTIV KAPITAL regarding some YOUNGMANS account which I have no idea about anyway - I sent them a CCA to which I had no reply UNTIL THIS LETTER - see pic below....

 

Question is - what do I do if anything and what on earth does all this babble mean?

 

Cheers,

 

Pete

 

 

Or pass it on to thames credit or another lowlife ponsdscum

 

PS. Why are you digging up old aktiv threads?

 

Oops! Didn't see the dates on the posts! lol

 

I'm ironically being chased by them now for a credit card that was run up in my name... My former colleague has as good as admitted to me that they don't have the paperwork, but Allied International Collections are refusing to acknowledge this and are calling nearly every day for payment in full - "Or else!"

 

I've written to them both saying no CCA - no debt... Just waiting to see if they get it...

 

P.S Aktiv now own Thames Credit too - so I don't think they would pass it on to them... Most of the debts Aktiv buy are close to being statute barred as well (from memory) so they didn't sell them on again when I worked for them. Although, as we know with collection agencies, they don't always abide by the law!

[babybear39]

I know aktiv own thames

 

Your best option is to start a new thread of your own and we can help as best we can there and not get confused with other threads

 

Post a link to the new thread and I'll gladly help if I can

[babybear39]

PS. AIC are a very nice bunch to deal with, ain't they