Aktiv Kapital - no agreement

[lovelybubbly]

Hello all, my husband received, a few months ago, a letter from the above relating to a debt with Powerhouse for £537.79. We do not remember or have any paperwork relating to such a debt. I requested that they send a copy of the credit agreement to us so that we could see what we were supposed to have purchased and when ( all they can say that it was i 2004). Today we have received a letter stating that they have been unable to retrieve the document from the selling banks archive. Here is their full letter.

 

Dear Mr XXXXXXXXXXX

 

We have tried to obtain the copies of the original documents on your behalf but unfortunately we have been informed by the selling bank that these cannot be retrieved from archives.

 

The credit Services Ass. 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 Ass. are to deal with requests under section 77 (1) as though they were the originating creditor, in so far as they are able to. The CSA states that it is up to each member on an individual basis to decide how far to comply with the Act. It is the desicion of this group to seek to adhere to the provisions of the Consumer Credit Act as much as possible, but we have not inherited the liabilities of the original creditor, for instance having to provide a copy of the original agreement.

 

We did not provide you with the original credit facility. We purchased your outstanding debt balance and the right to collect that balance. We did not purchase the documents, consequently there is no obligation to provide you with any copies. When accounts are legally assigned, we do not purchase the liabilities of the original creditor.

 

However, as a matter of good practice, we have tried to obtain copies from the original cred grantor. As we have previously stated, these are no available.

 

Entirely without prejudice, we would be prepared to acept 50% of £537.79 as full and final settlement of account. As a gesture of good business practise we shall, on receipt of payment, update your credit file to show the account as paid. That should be of future benefit to you.

 

Our offer is made on condition that payment is recieved within three weeks from the date of this letter and is made simply to try and reslove matters amicably.

 

In line with our official complaints procedure, this letter constitutes the company's final response.

 

We reserve the right to litigate and to produce this letter to any court, on the subject of costs.

 

We await your response.

 

Yours faithfully

 

 

 

So there we are, basically, they want us to pay for something they have no proof we ever owed. We would have paperwork for this, I am certain. Given that they have no credit agreement as proof, this should be wrote off, but my concern is that my husband details have been used fraudulently (spell) and this now on his credit file as a debt unpaid. Can you advise what my next step is.

[Curlyben]

Well as they have confirmed that they cannot supply the agreement, then they are not entitled to demand payment.

Keep this safe, but that's it.

AK are done and out of the game.

[lovelybubbly]

Hello again, so as not to waste time I have done what I should have when first logging on and looked at the other AK posts, one that I may add has an identical letter apart from the amount, will be taking all those replies in to account, thank you anyway

[lovelybubbly]

Can anyone give me an idea of what to write to AK (basically I am looking for a shove it letter), I have had a look on other ak posts but havn't found a letter that I can use, any help happily received

[Curlyben]

You don't have to respond at all.

This is their FINAL response so threat it as such.

IF they write to you again demanding payment the we'll hit 'em, but until then WAIT.

[lovelybubbly]

Thank you, I cannot believe that they use a standard letter and expect to be paid when they cannot give you proof that you owe the debt, I will wait and see what happens next, many thanks

[ODC]

They alway bang own about buying the rights but not the responsiblities which is plain poppycock.

 

The go on to spout that their offer is without predjudice but they reserve the right to produce it in any litigation. Im sure if its marked without prdjudice then it cannot be produced in Court. They babble on about reserving the the right to litigate. Without a CCA they have no mission of litgation. OUR SOLES

[lovelybubbly]

Well said!, just playing a waiting game now, to see what other gems they come up with,

[cerberusalert]

DCA's just love to write gobbledegook pseudo-legal sounding letters in the hope that their victims have little or no knowledge of consumer law.

 

Fortunately people are learning (through sites like this) exactly what their rights are & also the legal responsibilities of their creditors and the lowlifes who want to cash in on the misfortunes of others!

 

We 'victims' have now been empowered through self education and the help of others who have suffered the attentions of these 'Userers' & to my delight, they hate it!:grin: :grin:

[Guest DEATHLORD]

any one know how to scan a letter onto here??

[cerberusalert]

Any DCA who takes on the rights of the original creditor also takes on the responsibilities too. Ergo if they cannot supply a CCA (which should have been supplied to them on sale of the debt) they cannot legally enforce a debt!

[make them aktiv runners]

Im sure if its marked without prdjudice then it cannot be produced in Court.

 

It can be if it is part of negotiations (fails that one) or with both parties permission (yes you have guessed which party would not want to produce it because it looks more shady on them).

[lovelybubbly]

Hello

Would they have the nerve to take my husband to court seeing how they have admitted that they have no proof that he owes the amount (no CCA)?

[rory32]

any one know how to scan a letter onto here??

If you click on the "How do I..." link in my signature it will explain how you scan a letter into a post (remember to remove personal info first).

[rory32]

Signature didn't come up for some reason so here's the link http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

[cerberusalert]

"Hello

Would they have the nerve to take my husband to court seeing how they have admitted that they have no proof that he owes the amount (no CCA)?"

 

It's extremely unlikely:D

[rory32]

Would they have the nerve to take my husband to court seeing how they have admitted that they have no proof that he owes the amount (no CCA)?

Certain companies have in the past, but they have always lost as the Consumer Credit Act is quite clear on this.

[Poor-Paulus]

This is fantastic news. I am in the same position over a computer I bought in a credit card in 2004. I also received a letter EXACTLY the same as above. I m just going to leave it and frame the letter.

 

Paul.

[lovelybubbly]

Hello PoorPaulus, you are now the third person that I have come across on this site that has recieved an identical letter, I am sure there are many more, thank goodness for this place, I am sure that many others have just paid up with there "helpful" 50% reduction, I will keep you posted on this thread to what I receive in the future, what muppets:o

[Poor-Paulus]

Thank you. I would be very interested to find out how you get on.

 

Paul.

[lovelybubbly]

Hello all, Following my last post re: aktiv not having the agreement, I received a letter just after Christmas, ho ho ho, saying they now hold a copy of the agreement and they are placing the account on hold and will not send a copy of the agreement to us until my husband sends proof of identification showing name, address, date of birth and signature. Also they want proof of addresses going back until 20/02/2003 in the form of utility bills. I am a bit concerned, this seems a bit iffy, surely if they have a copy of the agreement they should just send a copy to us so we can view it ourselves, do let me know what you think I should do

Thanks

Rachel

[rory32]

Well if they weren't sure who you were why were they writing to you in the first place - breaking the Data Protection Act I might add. Standard fair from aktiv I'm afraid, we have a copy of your agreement - now could you just give us a sample signature? If they've got it they would have sent it. Send them nothing, certainly not a signature. File the letter under ignore.

[Curlyben]

Oh dear.

Well if they truly had the required information then they should of sent it to you. Basically they don't have anything and are trying more scare tactics.

Well you don't have to prove anything to them.

There is NO requirement to check identity under CCA.

 

Hey ho throw this at them.

 

Dear Sir/Madam,

 

RE Account NO XXXXXXXX

 

Thank you for your letter dated xx/xx/2007 the contents of which are noted

 

In your letter you make reference to requiring my signed authorisation and proving my identity before you comply. I draw your attention to the fact that the Consumer Credit Act 1974 does not require that I supply you a copy of my signature before you comply with my S78 request.

 

If it is for Data Protection purposes then I can happily supply you with documentation to substantiate my identity to you.

 

However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.I have to ask if you are concerned that you are corresponding with the correct person why has it taken so long to raise this matter.

 

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998:

 

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

 

My request for a true copy of my credit agreement under section 78 was made on xx/xx/2007 and the 12 working days for your compliance expire on xx/xx/2007. I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity.

 

I look forward to receiving the documentation requested.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours Faithfully,

 

[lovelybubbly]

Many, many thanks, I could not have worded it so well, both of your replies have said what I thought, but as a newbie I wanted to check. A fab worded letter which will be off in the post post haste

Thank you so much, long live the cag x:)

[cerberusalert]

As CB has said, the onus is on those muppets to 'prove that a debt exists, and that they hold the title to collect!

 

You do not have to provide any information to these (non- alleged) cretins:D