Aktiv Capitol

[DCA-KING]

I had a letter of them today saying i owe them £251.40 for a account i had with a cataluge i have sent them a CCA letter and a Telephone Harrasment letter as i just had them on the phone today

what will be my next move

 

 

PS

I know i owe money as i broke my neck and cannot work anymore and letters keep coming every day from one company or another i dont want to write or phone them as they will pester me for money

I wrote to all my banks /cards and other people i owed money to explaining what happened and that i am ill and cannot work only abbey and natwest wrote back telling me they will do all they can to help with my situation and abbey even wrote off my 100 pound overdraft as i been a loyal customer so look out for more postings off me

Kind Regards

[Curlyben]

Same response as your Scotcall thread.

Until AK respond to your CCA you have nothing to say to them.

Hey if you feel included, accept their call and state clearly that the call is being recorded and you will not converse on the phone.

Also that your CCA request is outstanding.

[The GodMother]

Hang on how can 2 DCAs be chasing you for the same debt?

 

I am guessing but l dont think they can both own the debt.

[DCA-KING]

well they are

[The GodMother]

Oh am not saying your rong at all its just i dont think they can both be allowed to chase for this debt especially as they both are claiming to be the legal owners of the debt.

 

Just a thought but what are the dates of the letters?

 

Chrissi

[DCA-KING]

Hi recieved a reply from aktiv today with regards to CCA request

you have requested a copy of the original credit agreement on the above account under the CCA 1974

we have requested a copy of the original applacation from the originator however they are unable to retrieve this as a copy of the agreement never existed for the above account please note that the original creditor J D Willaims have confirmed that you were aware of this at the point of opening the account

we can also confirm that payments have been made on the above account

OK what next so does this debt now become uninforcable as they stated that they dont have a CCA

what can i do next as this is on my credit file and i want it removed if the agreetment is illegal without a CCA

Please help

[Curlyben]

WAIT for AK to try and demand payment, then we'll hit them

[DCA-KING]

Hi Curly ben thanks for the reply but what can we do

If you can give me advice i ill get it ready as the other letter i had was that they want payment

regards chris

[Curlyben]

Right then in that case throw this at them for starters.

 

Account In Dispute

Formal Complaint

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

As **DCA** have failed to comply with my Consumer Credit Act request and admitted that the alleged signed executed agreement is unavailable, enforcement action is impossible under section 127 (3) of the Act.

 

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

If that request is not satisfied after a further 30 calendar days your client commits a summary criminal offence.

 

These limits have expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

And

 

(b) If the default continues for one month he commits an offence.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

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

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

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 credit agreement is a very clear dispute and as such the following applies.

 

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

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

* You may not pass the account to a third party.

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

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

 

 

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 would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

BLAH

[DCA-KING]

Hi so when do i send this as i sent them the CCA request on the 5th Jan 08

regards chris

and the cheeky sods just phoned me after they also had a telephone harrsament letter

[Curlyben]

Save that one for when they pass 12 WORKING days, then the CCA is in default.

[The GodMother]

Hi all

 

I have just been told buy PT2537 that it is 21 days NOT 14 that CB has put in his letter.

 

Chrissi

[DCA-KING]

Thanks Chrissi

[DCA-KING]

Does it make a diff that the goods from the catalouge where ordered online as they say that there is no CCA and they dont need one as i made payments on the account

[The GodMother]

not really as they still should have sent you a CCA before they dispatched the goods.

 

Chrissi

[guerinaj]

Hi all, mind if I jump on the back of this thread - I've also CCA'd Aktiv Kapital, and just received their standard letter back. Exact wording is here:-

 

In response to you 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 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 have requested a copy of the original application form from the originator, however they are unable to rerieve this as a copy of agreement never existed for the above account. Please note that the original creditor, JD Williams have confirmed that your client was aware of this at the point of opening their accounts.

In the meantime there is no reason why our debt collection activities against you should be suspended as you have previously made payments on this account and payment arrangement is currently in place.

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.

 

I'll also be following the advice given above and send off the formal complaint once the time is up.

[DCA-KING]

Hi dont mind at all the more the merrier just had a look at my credit report and they are on there will have get that sorted

[guerinaj]

Aktiv Kapital are only 1 of 7 creditors I'm trying to sort for my Nephew! just over £40k owning across them all background in this thread ... http://www.consumeractiongroup.co.uk/forum/general-debt/124578-over-40k-debt-next.html

 

Where did you look at your credit report, is it on line?

[DCA-KING]

Hi just recieved a call from aktiv again by phone after i sent them a letter telling them everything in writing whats my next move i also asked them to remove my telephone number from there system they refused

Help thats grind these people down anyone got a letter that i can send to ofcom and OFT to report them about still telephoning me

[Curlyben]

Oh dear me.

Typical AK I'm afraid.

 

Throw this at them:

Account In Dispute

Letter Before Action

 

Dear Sir/Madam,

I refer to my recent correspondence with your company concerning this alleged debt, copies of which are enclosed for your perusal and ease of reference.

As **DCA** have failed to comply with my Consumer Credit Act request and admitted that the alleged signed executed agreement is unavailable, enforcement action is impossible under section 127 (3) of the Act.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, Your company commit an offence. These time limits expired on XXXXXXXX and XXXXXXXX respectively.

 

As you are no doubt aware subsection (6) states:

 

If the creditor under an agreement fails to comply with subsection (1)—

 

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

 

Therefore as at XXXXXXXX this account became unenforceable at law and it is now my intention to refer this matter to the enforcement authorities.

 

If **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.

 

It is also my belief that your continued pursuance of this matter also constitutes an

offence under Section 40 of the Administration of Justice Act 1970.

 

Failure to respond favourably to this letter within fourteen (14) days of receipt will result in immediate litigation being commenced against your company without further notice.

I also require a copy of your internal complaints procedure as further action may be necessary.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours Faithfully

[DCA-KING]

Thanks curly

you got a letter i can send to OFT with regards to phone calls

would just like to hit them when there down

[PGH7447]

Subscribing, I have these fools on my OH's case, also CCA'd them and got the bog standard we only bought the debt letter, Now in dispute and waiting for further rubbish from the sharks

PGH7447

[DCA-KING]

Still getting phone calls off them i have asked that they remove my details from there system still on there

[DCA-KING]

Just had a letter off them stating that as the where no the origintors they do not have to supply a copy of a cca and that as i made one payment last year mean that i full except the debt

i look forward to your help and a template letter to send to the ****

[The GodMother]

I think they got there brains from a christmas cracker.

 

You have not accepted the debt threw making payment.