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Acktiv Kapital Reply To Cca Request


nowayjose
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After CCA ing them last week this is what I received today

 

We acknowledge receipt of your request for information under the CCA 1974 however we are not the original creditor not 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 CA. 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.

 

The debt has veen acknowledged with the payments made to agency Credit Security in 2006.

 

In the meantime there is no reason why our debt collection activities against you should be suspended therefore unless we hear from you by telephone on 012***** or in writing to the address shown above within 7 working days the matter will be passed back to our collections division for further action.

 

Please note that if the original creditor is unable to provide a copy of the Agreement that does not mean that we have no right to continue to request payment of the outstanding balance.

 

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 insalment 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.

 

Yours sincerely

 

 

 

This debt is over 6 years old but I did make a few payments in 2006 until I fell into difficulty..I would like to know if Aktiv have the legal right to collect this debt and if the balance is correct because its so long ago I dont know how many payments were made on the account...Some advise please on whether this letter is right as they say they have 'no obligation to provide me with a copy of the Agreement' because they are not the original creditor....

Any help appreciated

Nowayjose X;)

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Hi nowayjose,

a very clever but totally wrong reply from Aktiv. They do need to supply you with a true copy of your CCA, whether they are the original creditor or not!! and after the 12+2 days since the CCA request you do NOT have to pay them.

I think that curly ben site helper should have a letter to help you with this one!

He may be around this eve or tomorrow and see your post! Or there may be another CAG user to help with the letter.

Good luck!

Red

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Thanks Red...I know from experience they will do anything to wriggle out of the fact that they dont have the original agreement...I will wait for a helper to give me one of their wonderful letters:D

NWJx

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Hi again no way jose,

I have found this letter which I have highlighted in red the relevant section that should silence AK! You could just send the whole letter though!

Red x

 

I refer to my letter dated xxxx which was delivered via 1st class post/recorded delivery/special delivery [delete as applicable] to your offices and received on xxxx , a copy is included for your perusal and ease of reference.

 

To date, you have failed to supply the requested documentation. These documents should be readily available as proof of your legal right to collect on this account.

 

In my letter dated the xxxx , I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition, a full statement of my account should have been sent to me detailing all debits and credits to the account from the time you allegedly purchased this account along with any other documents mentioned in the credit agreement.

 

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

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 commits an offence. These time limits expire on***date and **date*respectively.

 

As you are no doubt aware, Section 78(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 on xdatexx , this account became unenforceable at law. No further payment will be made by myself to the account, as you have failed to comply with my lawful request under the relevant sections of the Consumer Credit Act 1974.

You have failed to supply a true signed copy of the alleged agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment under the relevant sections of the Consumer Credit Act 1974. Furthermore, I do not acknowledge any debt to Aktiv Kapital (UK) Ltd.

 

I require the following action from Aktiv Kapital (UK) Ltd:-

 

1. All payments made to date to Aktiv Kapital (UK) Ltd for this account should be refunded in full, including interest at the rate of 8% per annum.

 

2. Removal of all defaults entered by Aktiv Kapital. Note: this is to be a complete deletion and not merely an amendment.

 

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past nine months.

 

4. After a full refund of all payments with interest and compensation are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998, to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

 

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force Aktiv Kapital (UK) Ltd or any other company within the group, to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the Financial Crime Branch of HM Treasury, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.

 

I look forward to your reply in writing within 14 days to resolve the matter amicably and await your response.

 

I would appreciate your due diligence in this matter.

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Nice one:D Am about to CCA AK on behalf of my son as we have no idea who he originally owed and how much the total debt is. He was paying them £5.00/mth through a (fee paying) DMP which he has now cancelled on the advice of CCCS. So, let the games commence!!

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Keep us posted on the reply Moggieb it will probably be similar to mine I will post any correspondence on here so keep an eye out..you will always get good advice on hear...Good luck

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WOW Red ... thats one hell of a letter... I will copy and paste and send recorded del on Monday... thanks for taking time out to find the letter.. much appreciated

 

NWJx

 

You are welcome (can't take credit for the letter though! ;) )!

I have had loads of help on this site from fabulous people, and it is nice to be able to help others.

I really hope that this works out for you, although you can see from Brassed Off's post that AK seem to ignore any correspondence that you send them! I would still send the letter though.

Best of luck

Red x

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Thanks Red and Bo:)

any reply from TS Bo

I will send recorded delivery on Monday now so they cant say they havent received it... I will keep an eye on your thread cos youre a few steps ahead of me;)

NWJx

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Yes, Proof of Delivery. When you send your letter by recorded delivery at the post office, you will get a receipt with a tracking number on it. You can track and trace your letter on the Royal Mail website by entering the code and will be able to print off the POD with the signature of the person who signed for it at Ak Krap so you know they definitely received it.

 

Make sure you also keep a copy of the letter for yourself and DON'T SIGN IT. Just print your name.

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Hi

Just about to print out the letter but as Aktiv only received the CCA on the 24th they are not in default yet can anyone tell me what to put here.... Therefore on xdatexx, this account became unenforceable at law. No further payment will be made by myself to the account, as you have failed to comply with my lawful request under the relevant sections of the Consumer Credit Act 1974.

 

Thanks NWJx

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You are replying a little early but you are obviously being prompted by their continued actions. Here is the letter suggested by Red slightly adapted. Make sure you go to complaints as your next letter can then go to the FOS, stinging AK for around £400.

 

OFFICIAL COMPLAINT - TO BE DEALT WITH UNDER YOUR COMPLAINTS PORCEDURE

 

I refer to my letter dated xxxxwhich was delivered via 1st class post/recorded delivery/special delivery [delete as applicable] to your offices and received on xxxx, a copy is included for your perusal and ease of reference.

 

To date, you have failed to supply the requested documentation. These documents should be readily available as proof of your legal right to collect on this account. As you frequently request payment, I am a little surprised that you have been unable to provide documentary proof of your claim by return post.

 

In my letter dated the xxxx , I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition, a full statement of my account should have been sent to me detailing all debits and credits to the account from the time you allegedly purchased this account along with any other documents mentioned in the credit agreement.

 

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

 

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 commits an offence. These time limits will expire on***date and **date*respectively.

 

As you are no doubt aware, Section 78(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 on xdatexx, this account will become unenforceable at law. No further payment will be made by myself to the account after that date, as you will have failed to comply with my lawful request under the relevant sections of the Consumer Credit Act 1974.

 

 

So far, you have failed to supply a true signed copy of the alleged agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment under the relevant sections of the Consumer Credit Act 1974. Furthermore, I do not acknowledge any debt to Aktiv Kapital (UK) Ltd or any other company.

 

Should you fail to comply with my statutor request on time, I will require the following action from Aktiv Kapital (UK) Ltd:-

 

1. All payments made to date to Aktiv Kapital (UK) Ltd for this account should be refunded in full, including interest at the rate of 8% per annum.

 

2. Removal of all defaults entered by Aktiv Kapital. Note: this is to be a complete deletion and not merely an amendment.

 

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past XXX months.

 

4. After a full refund of all payments with interest and compensation are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998, to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

 

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force Aktiv Kapital (UK) Ltd or any other company within the group, to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the Financial Crime Branch of HM Treasury, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.

 

I look forward to your reply in writing within 14 days to resolve the matter amicably and await your response.

 

I would appreciate your due diligence in this matter.

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Thanks for that Aktivrunners

I will send that one this morning and will post back when I get a reply... can someone work out when the time limits expire...I posted the CCA request on the 17/1 and they signed for it on the 24/1 ...is it from the date of my letter or is it the date they received it:?

TYVM

NWJx

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If you sent your CCA request rec/spec del on 17th January, then it should’ve been received the next day (18th), however you state that they signed for it on the 24th :confused:

Have you printed off the POD from the Royal Mail website?

Normally, you would allow 2 days for posting and the 12 working days would start from the day after receipt.

To be on the safe side, I would start the 12 working days from 25th (date after receipt) which would make the expiry of the 12 working days, Tuesday 12th February.

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  • 2 weeks later...

Another letter received this week

 

We note that you have made a nominal payment to the arrears recently. However according to our records we do not appear to have agreed repayment terms.

It is important that you contact us immediately to make an arrangement to pay. Failure to do so will lead to further action being taken.

Our preferred method of payment is to set up a Direct Debit to ensure automatic payment from your bank account.

We at Activ Kapital specialise in and prefer out of court settlements and will deal directly with you in a straight forward, upfront, but polite and understanding way.

 

 

Can anyone help with a reply to this one... for starters the only payment I have made recently is a £1 postal order for the CCA request the last payment before that was in 2006. Ive checked the balance against old letters and it hasnt been reduced by a pound so not sure what they are playing at.... any advice appreciated

NWJx

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Another letter received this week

 

We note that you have made a nominal payment to the arrears recently. However according to our records we do not appear to have agreed repayment terms.

It is important that you contact us immediately to make an arrangement to pay. Failure to do so will lead to further action being taken.

Our preferred method of payment is to set up a Direct Debit to ensure automatic payment from your bank account.

We at Activ Kapital specialise in and prefer out of court settlements and will deal directly with you in a straight forward, upfront, but polite and understanding way.

 

 

Can anyone help with a reply to this one... for starters the only payment I have made recently is a £1 postal order for the CCA request the last payment before that was in 2006. Ive checked the balance against old letters and it hasnt been reduced by a pound so not sure what they are playing at.... any advice appreciated

NWJx

 

 

Hi Noway. This will be yet another standard threatogram as usual. They blatently ignore any letters you send them I'm afraid and just continue to bombard you with standard letters presumably to cause you confusion.

 

I'd file under "ignore" for now or if you wish, you can always write back asking for a response to your last letter (attaching a copy of it). The OFT are very interested in Aktiv at the moment as I discovered when I got a letter from them today ;)

 

Which reminds me, I need to update my thread :D

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Hi well today received what seems to be a properly executed credit agreement from Aktiv Kapital... with an accompanying letter saying that as they have enclosed a copy of the credit agreement made between myself and the original creditor payment should be sent to their address within the next 10 days to prevent any further action.... so I suppose my next move is to send a SAR request to the original creditor which is Time Retail Finance Ltd is this correct???

any help appreciated

NWJ:(

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The letter you recieved in your original post is identical to the one I received yesterday from Thames Credit except for the bit about the debt being acknowledged in 2006 etc. Have they also provided a letter of assignment? and a statement of account. If they haven't the repeat your request for those things.

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