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Aktiv Kapital


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I have been trying to get copies of 3 x CCA's fromm summer 2007.

 

They have not complied apart from the usual verbal diatribe of sending me their full and final response about them not being the OC, etc etc and if not happy go to the FOS within 6 mths.

 

I keep getting regular standard automates letters about someone coming to my door and all that and have ignored them as always.

 

Should I write to the FOS and complain or just carry on ignoring?

 

Any informed reply?

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  • 3 weeks later...

My local trading Standards are dealing with them at the moment i had a email friday saying they where contacting chester TS to see what they have on them and that he would respond on friday afternoon

another email off TS friday afternoon will have to get back to you on weds he has a lot to read!!! surprise surprise

so contact you local TS ASAP the more complaints the better

Please Tip My Scales if Info was Use full

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Reply back from a specialist at TS asking a couple of questions and requiring evidence.

 

Reply sent, saying not a problem and these are reasons for complaint.

 

They say they are not the OC.....so no need to provide evidence

They ring me when I have written saying no you cant

They send me regular monthly collection notices/letters which cause a potential criminal offence in respect of their non compliance of my CCA request

They have also sent me a final reply and yet maintain their stance of sending letters requesting payment

May be wise for you to contact your colleagues in Chester as well

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  • 2 weeks later...
Guest jamesroberts

These clowns are ridiculous.

We have a stat barred debt they are chasing, they have of course ignored the cca request but have sent us 40 threatening letters in the past 12 months with various threats.

The letter today says ' next stage - doorstep collection!!!, for goodness sake they are like a cartoon company.

Surely people aren't taken in by these half wits?

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James,

 

Well, obviously, ppl are being taken in, and until many of us make stands like we are, then, only will these half wits know not to mess about....

 

I have probably close on 2 inches of paper from them..

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  • 2 weeks later...

Hi there,

 

Letter back from Trading Standards.

 

It says:-

 

That they have looked through my letters and papers and accept I made a request udner S77-79 of the 1974 CCA. They have also assumed the agreements are for fixed sum credit as opposed to a running account. Which case, the appropriate section is 77.

 

They also confirm that any debt is unforceable whilst in default and then offence arises.

 

It also states that from 6/4/2008, when Consumer Protection from Unfair Trading Regulations 2007 comes in, the offence from S 77(4) wll be removed and become decriminalised.

 

They will not be investigating further with a view to prosecution as it would not be in the public interests to do so.

 

The TS will be writing back to A. Krapital and point out that their actions are no in accordance with the OFT Guidance on Debt Collection.

 

I am awaiting acknowledgement from the FOS....

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Hi cricket,

 

My TS were very helpful in getting the moronic DCAs off my back but they came back with the same answer regarding prosecution for non-compliance of CCA request :mad:

 

WHY does the law state then that after the 12 + 2 + calendar month the non-comp of CCA becomes a criminal offence :confused:

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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  • 3 weeks later...

The TS have said it is not in the public interest to persue a case against them, espe with new legislation due from today.They had the gall to tell the TS that they are prepared to accept a discount on debts they cannot prove!

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  • 2 months later...

Hi All,

 

Bumping this one.

 

I have complained to the FOS and they have emailed the following reply:-

 

Dear Mr X,

Thank you for your letter dated 06 May 2008. After reviewing your complaint it seems that we would be unable to make a complaint against Aktiv Kapital as they are not the original creditor. However, if you would like to make a complaint against a firm with which you had a finance agreement then we may be able to consider your complaint.

Yours sincerely

Andy Mears

Consumer Consultant

 

 

I continue to receive letters from AK stating they will commence proceedings and forward to their solictiors....(well go on then)...

 

I have replied back to the FOS and said they continue to harrass me for payment on these accounts and have not replied to my CCA request..

 

Any ideas on what I can do hereon in?

 

Thanks

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Make the complaint to FOS about the original creditor using this company and them not fulfilling your requests.

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Hi there,

 

Letter back from Trading Standards.

 

It says:-

 

That they have looked through my letters and papers and accept I made a request udner S77-79 of the 1974 CCA. They have also assumed the agreements are for fixed sum credit as opposed to a running account. Which case, the appropriate section is 77.

 

They also confirm that any debt is unforceable whilst in default and then offence arises.

 

It also states that from 6/4/2008, when Consumer Protection from Unfair Trading Regulations 2007 comes in, the offence from S 77(4) wll be removed and become decriminalised.

 

They will not be investigating further with a view to prosecution as it would not be in the public interests to do so.

 

The TS will be writing back to A. Krapital and point out that their actions are no in accordance with the OFT Guidance on Debt Collection.

 

I am awaiting acknowledgement from the FOS....

 

Did they say in what way the regs remove this offence? I've looked at them and I can't see any way in which the CCA offence is repealed

I am a lawyer, but I am an academic lawyer. I do not practice as a barrister or solicitor. You should consult a practising Solicitor BEFORE taking any Court or other action

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Heres what the FOS said recently to me:-

 

Dear Mr X,

Thank you for your letter dated 06 May 2008. After reviewing your complaint it seems that we would be unable to make a complaint against Aktiv Kapital as they are not the original creditor. However, if you would like to make a complaint against a firm with which you had a finance agreement then we may be able to consider your complaint.

Yours sincerely

Andy Mears

Consumer Consultant

 

I had replied to say they are acting on behalf of the OC.

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cricket1, make a complaint to FOS re: the OC and the behaviour of their DCA ;)

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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