Aktiv --DSG

[Activagain]

Aktiv been contacting me on and off since 2005. Alleged debt with DSG.

I have had no credit or debts since Jan 2003 when I paid all credit or debts off. I have asked several times for proof and just been lied to. I.E. made payment in 2004, acknowledged the debt, both false When I pressed for proof Aktiv went quite for nearly a year.Then another letter. Nov 13th sent request cca . Reply on th 15th sticking two fingers up to my request. The letter gave me 10 days to make payment agreement, and that they saw no reason why they should put legal action on hold

Putting another letter together with the help of the forum. I am so pleased to have found the group.

 

Reply from Aktiv in response to CCA letter.

 

" In response to your request for information under the Consumer Credit Act,please note that we are not the original creditor nor did we provide you with the original credit facility. We purchased your outstanding debt balance and the right to collect that balance, together with the right to apply interest in accordance with your original Credit Agreement ( where appropiate ). 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 have tried to obtain a copy of the original agreement from the original creditor and they have advised that it is not available.

 

In the meantime there is no reason why our debt collection activities against you should be put on suspended.

 

We are the Legal owners of your account and your liability is now to us in respect of repaying the outstanding balance that was purchased by this group of Companies.

 

It is therefore in your best interest to agree an instalment arrangement with us, or discuss terms for settlement ( we may give you a substantial discount on the original balance for early payment), within the next 10 days."

 

I really like the veiled offer of a discount.

 

Any ideas please?

 

Letter received from Aktiv today 6 Nov 2007.

More or less a repeat of the previous letter giving me 10 days to pay or make arrangements to pay. and stepping up the threat to put the alleged debt back in the hand of the collectors. Still refusing my request for a CCA , claiming they own the debt and the right to collect and do not need to supply an agreement. Along with the usual Bull**** about how in the interest of good practise they have tried to obtain a copy. But it is not available.

 

I have spoken to OFT and they have passed on my complaints to Cheshire TS, but I was told they would not talk to me direct.

 

Any one have any adive how to get these leeches of my back?

 

regards

Activagain

[Curlyben]

While you CCA request is outstanding there is NOTHING they can do as far as enforcement.

Remember No CCA = No Enforceable debt.

 

They can request payment as much as they want, but without the required paperwork they might as well be saunaring in the snow

 

Now they have passed the first, 12 working day limit.

Once they pass the additional month then they are in trouble and TS should get involved.

 

We'll hit them with a "bog Off" letter once this second limit passes.

[MoonHawk]

Stay calm and do not get emotional over this. They rely on people panicking an worrying and it is why they get away with breaking the law. Take gentle breaths and sit tight until the 12 days + 1 month has passed. Then we can continue. They are trying to get you to pay before that comes around. They did the similar with me.

 

Their quote in the first response is what they gave me and is totally inaccurate. They can not say there does not need to be an agreement and still say the have the right to add interest as was in the original agreement. Absolute nonsense.

 

Firstly do not speak on the phone to them unless you can record the call. Secondly if at any point the letters threaten "court action" or "legal action" let us know, as we can take a different tact with them.

 

Best Wishes

MoonHawk

[Activagain]

Thanks Moonhawk and Curlyben for your help and advice.

One part of the letter I received this weeks States.

 

" As you are not specifically denying that you a have knowledge of this debt , nor are you specifically denying that you are libel for the debt there is no reason why our debt collection activities should be suspended against you as you have previously made payments against this account "

 

I have several times disputed this debt in writing.

 

They give me 10 days to reply or face further action. . So I will sit back and just wait it out.

 

Activagain

[MoonHawk]

You are most welcome.

 

Even though you have disputed it, they will say that as they see no reason for a dispute. They seem to somehow not see the lack of a CCA as a reason for a dispute.

 

Unfortunately the wording is very clever and does not say what further action is ... it is designed to scare people into thinking it is legal action, but they know they can not take legal action so are not saying so outright.

 

Sit tight and we'll see what they send next, or like with me go all quiet. If they send a letter threatening legal action let us know.

 

Best Wishes

MoonHawk

[make them aktiv runners]

They are just inviting you to keep writing to them. I agree with Moonhawk, unless they actually start stating they are actually taking legal action then they are not worth replying to.

[Activagain]

Hi,

My CCA request expired on 25-12-07, so far no more contact from Activ.

Fingers crossed.

 

But OFT in London wrote to me today asking for copies of all letters from Activ and any repiles I sent, plus any phone conversations I might of had with them.

So first thing Monday everything will go in the post.

OFT stated they will not be unable to tell me what Action if any they take against Activ. Also they will not tell me of any adverse information they hold against Activ.

 

I hope this is the start of Activ being made to get there house in order.

 

Thanks to all that have helped me, and good luck to all in the forum.

Activagain

[Activagain]

Hi all,

Help needed again please. My request for a CCA from Aktiv expired on 25/12/2007. All was quite until today 15/03/2008. A new letter stating a Dedt collection agency had been asked to contact me, but had now passed the Dedt back to Activ. Funny that no one contacted me.

Aktiv are putting pressure on again to arrange a payment plan.

 

OFT in London have copies of all my letters and the Letters from Aktiv, they are looking into the fitness of Aktiv kapital to hold a credit licence.

 

Can someone please help me get these people off my back.

 

Regards

Activagain

[Curlyben]

Throw this at them:

 

Formal Complaint

Letter before Action

 

Dear Sir/Madam,

 

With reference to my previous letters, I wish to draw you attention to your company's lack of compliance with my legal request.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

 

As you may not be aware , failure to comply with this request within 12 working days renders the alleged debt UNENFORCEABLE in law. Furthermore, if this non-compliance continues for a further month then a summary, criminal offence is committed.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

 

The lack of a compliant credit agreement is a very clear dispute and as such the following applies.

 

* may not demand any payment on the account, nor am I obliged to offer any payment to you.

* may not add further interest or any charges to the account.

* may not pass the account to a third party.

* may not register any information in respect of the account with any credit reference agency.

* may not issue a default notice related to the account.

 

Therefore this account has become unenforceable at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

 

Yours Faithfully

[babybear39]

Subscribing...

 

Strange how they've admitted in their letter that the OC has no CCA

[Activagain]

Hi babybear,

Thanks for you post.

It took some time for Aktiv to come up with an oc name and reference, and that was only after me pushing them hard to do so.

Would they pay people that write to them out of the blue with not such much as reference number?

I will send their lastest letter and a copy of my reply to OFT in London it might help with the investigation into Aktiv.

CAB have told me they are so overloaded helping people with debt that they can't really re-open my files even though they have them stored away.

If Aktiv have no proof of the alleged debt and the oc has no original copy of an agreement , as CAB said "more fool them for buying Debt's without the paperwork to back them up"

I will try the new letter, and fingers crossed it be the end.

Regards

Activagain

[Activagain]

The saga continues.

 

Latest letter from Aktiv.

 

"We write to advise you that Aktiv Kapital First Investment Ltd has brought the interest of GE Capital ( First national Tricity Finance Ltd ) in the debt that you owe them under the above Agreement.

 

We are acting as Collection Agent on behalf of Activ Kapital First Investment ltd. which is now the legal owner of the outstanding balance on your account.

 

By processing your account through public databases it has been confirmed that Mr. ******* is living at the address shown on this letter."

 

How has the alleged debt changed from DSG to First National Tricity Finance Ltd ?

 

If they are writing to me, it is not a surprise that I live at the address.

 

I have supplied London TS with copies of all letters and my replies, which they asked for. Are TS still looking into the conduct of Aktiv?

 

Any help Please, I have a lot of health problems and can't put with this much longer.

 

Thanks in advance.

Aktivagain

[lickthewallfatboy]

get a solicitor to write to them threatening to take them to court if they don't stop hassling you

[mr.ton]

Report them to the OFT/trading standards & the info commisoner to get them to stop processing your data.

[Toulose LeDebt]

The saga continues.

 

Latest letter from Aktiv.

 

"We write to advise you that Aktiv Kapital First Investment Ltd has brought the interest of GE Capital ( First national Tricity Finance Ltd ) in the debt that you owe them under the above Agreement.

 

We are acting as Collection Agent on behalf of Activ Kapital First Investment ltd. which is now the legal owner of the outstanding balance on your account.

 

By processing your account through public databases it has been confirmed that Mr. ******* is living at the address shown on this letter."

 

How has the alleged debt changed from DSG to First National Tricity Finance Ltd ?

 

If they are writing to me, it is not a surprise that I live at the address.

 

I have supplied London TS with copies of all letters and my replies, which they asked for. Are TS still looking into the conduct of Aktiv?

 

Any help Please, I have a lot of health problems and can't put with this much longer.

 

Thanks in advance.

Aktivagain

 

 

 

 

 

Just had exactly the same letter through the 'box on Saturday. Just like yourself I was really puzzled as I have not had any credit from GE Capital is as long as I can remember.

 

Broke the habit of a lifetime and 'phoned them (recorded obviously) on the number given in the final para of that letter: 'If you believe that you are not our customer.....blah,blah, 0800 028 0773.

 

This number does not work so 'phoned the main number.

 

Spoke to first young chap who very quickly told me that this was for a DSG account linked to an old address. Now I once sold a house to a guy who rented it out subsequently and I had a few years problems with various accounts and bills being run up in my name but that was back in 1994-5.

 

I was really quite annoyed to find that someone is still processing data from 15 years ago and I'm determined to get to the bottom of how a DCA can link me to an address I left in 1995.

 

Needless to say when told the last payment on the a/c was in April 1996 I asked if they knew what I'd be doing next? Puzzled the (very polite actually) manageress I was by now speaking to said 'no' so I told her I'd be writing stating it's SB'ed under SOL Act and also stating that I have no intention of paying etc and giving the harassment warning to boot.

 

She took it very well actually and agreed with me that this should be put into writing although she had noted this on the computer so 'I wouldn't be bothered any more'. I confirmed which address for their legal dept. would be best for this purpose and she gave me the following:

Aktiv Capital po box 444 bromley, kent, br1 1zb.

 

Which is of course the address for Thames Credit.

 

So I guess I'm really warning you that they are quite possibly playing pass the parcel with your account between Aktiv and TC ltd who are after all different companies and part of the same group.

 

It might be worth your sending a 'stop' letter to both Aktiv and Thames Credit, I've just got a feeling that when my debt is sold on further down the line that Aktive will blame Thames and Thames will blame Aktiv for any naughtiness.

[make them aktiv runners]

How has the alleged debt changed from DSG to First National Tricity Finance Ltd ?

 

This is one of their who is the creditor games. Read headings on all letters.

 

To start with it says "Original creditor DSG" implying Aktiv are the creditor. Eventually it will change to "creditor GE Capital" to emphasise their idea of only buying half the contract.

 

They rightfully state they did not buy "duties". Think about it, you don't buy something creating you work, you actually pay less for for the "rights" to account for the "duties" you will have to do.

 

DSG is parent company for Dixons, Curry's among others. GE Capital provides credit facilities at various outlets. Ironically DSG never were a creditor, only parent company of Supplier.

Edited April 6, 2009 by make them aktiv runners

[Activagain]

Today I had a phone call from a company called BTO collections from Glasgow. Activ have now handed the account to them to handle. After some very strong words , they told me they would contact Activ about the account.

Once again false and misleading statements from BTO and Activ.

 

I phoned Active told them they are in breach of the consumer credit act, and that a complaint against BTO collections would be sent to London Trading Standards to be added to the file they have from me.

 

I was passed onto a Manager in the complaints Dept, she told me she was very sorry and that the account should have been closed when Activ was unable to supply a cca.

My account will now be closed and a letter will be in the post to confirm this, also the file will be pulled from BTO collections.

 

Waiting to find out if Pigs really do fly. Thanks to TS (not) they really are a toothless Tiger.

[babybear39]

If you're un happy with TS report your concerns to LACORS.