Aktiv Kapital

[cricket1]

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?

[Brassed off]

This seems to be the norm for Ak Krap. They haven't produced a CCA since I CCA'd them back in July but continue to chase for payment.

 

They've given you their final response so I'd go to the FOS with this now.

[cricket1]

Any template for a guide,

 

I know all cases are different

[Brassed off]

our complaints procedure and how to complain

 

There are no templates Cricket, simply e-mail your complaint to them

[cricket1]

Just to follwo on from the above, I have today and their standard mailings with regards to County Court proceedings etc...IF I dont contact them in 7 days.

 

Is now the right time to complain to TS and FOS....

[DCA-KING]

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

[cricket1]

So I would contact the TS in Manchester and they would refer the matter on/

 

Is this the correct assumption and understanding?

[DCA-KING]

Yes your local TS will contact Chester to see how many complaints they had

regards chris

[cricket1]

Complaint mailed to my local TS office and will be completing the FOS complaint form some time today.

[cricket1]

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

[cricket1]

Formal complaint sent RD to the FOS today.....

[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?

[cricket1]

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..

[cricket1]

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....

[babybear39]

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

 

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

[cricket1]

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!

[cricket1]

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

[babybear39]

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

[cricket1]

Already done....lets see what happens.

Thanks

[rameses_qc]

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

[cricket1]

No they didnt say under what regs...unless there is a way to go back to TS and FOS..

 

I emailed the FOS person dealing with my case, but no reply yet.

[cricket1]

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.

[babybear39]

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