Student Overdraft / Aktiv Capitol

[callmeBadger]

Hello,

I've been reading these forums for a year or two, and have found help with a few issues I've been able to deal with before, unfortunately I can't find a similar thread to my current problem. I'll explain.

I went to Uni in 1997 finished in 2002. When I left Uni I had an overdraft of around £1200 with Lloyds TSB. I opened up a new current account with Natwest and have used this ever since I left Uni.

I received a couple of weeks ago a demand from Aktiv Capitol to pay them £2640 as this is the debt they have had assigned to them from LTSB.

Would my better course of action be to try to get a CCA from Aktiv Capitol (and how does a CCA work with overdrafts instead of credit cards / loans), or should I go after Lloyds TSB to recover bank charges, hoping that this would reduce debt. The original £1200 account I had whilst at Uni I had paid a lot in bank charges whilst at Uni, as this goes back more than six years would I be able to also claim these charges back to offset against the debt?

In the end all I'm after is the fastest and cheapest way to get an Account that has defaulted of my credit record. The default was added to my credit file in November 2002.

Thanks in advance for any help you wise people can supply.

[42man]

If it has been six years since you either made a payment or acknowledged the debt then it is statute barred...send them this letter...

 

Letter 'M' from here...

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

SEND IT BY RECORDED and do not hand sign it...

 

You may also find this interesting too..from the OFT's guide on debt collection....basically if you state that you have no intention of paying a debt that is statute barred then if they carry on harrassing you then you can sue them for harrassment...!!

 

Section 2.14 -

• continuing to press for payment after a debtor has stated that they

will not be paying a debt because it is statute barred could amount to

harassment contrary to section 40 (1) of the Administration of

Justice Act 1970.

[jpf104]

Callmebadger - Did AK write to you stating they had this alledged debt assigned to them(as you stated) in the form of a "Notice of Assignment"?

If so what was this date?

What have you paid them & when?

Did you ever get a default noticee from LTSB?

Did you ever get a Termination notice from LTSB?

 

The reason I'm asking is I've had some success dealing with this shower and am currently about to start legal proceedings re CRA entries.

[callmeBadger]

42Man - Unfortunatley, I made a payment to them three years ago of £150 as I wasn't as clued and got a letter threatening with a court action. I said i'd contact them in the future when my income is more stable. I didn't and now about a month ago they started sending letters to me again.

 

JPF104 - I remember a fun meeting at my local branch of LTSB where I was told that the account was now going to be locked and I had 30 days to pay of the balance or they would get a DCA on me. I immedietley went to NatWest and got my account setup there. This was in November 2002. I didn't hear anything from LTSB or a DCA until May / June 2005. I paid £150 around this time as a threat of court action paniced me a little.

[jpf104]

It would appear that your alledged debt is not statute barred - as you made a payment 3 years ago. What we need to establish if AK have indeed had this account 'assigned' to them.

If you've had no letter from AK stating this you'll need to CCA them.

Now although Bank overdrafts don't actually have CCA Agreements it is covered by the 1974 act and should illicit a response from AK. They'll state in their letter that (if they've had the account asssigned to them) they are not the original creditor but have 'merely' purchased the account balance.

There are a number of things here:

1. Who owns what?

2. Was the account actually defaulted / terminated?

3. What does your CRA actually say.

 

Start off with a CCA request and see what that brings.

[callmeBadger]

I'll have the CCA sent of this afternoon. The credit report (From experion's "CreditExpert" service), has the following with regard to this account.

 

******************************

 

Lender .........Type.... Status... Balance ...... Updated

Aktiv Capitol ..Bank ....Default...£2,432 ....... 11/05/2008

 

Name: callmeBadger

Address: My place @ my home

D.O.B: DD/MM/YY

Company Name: Akiv Kapital (UK) Ltd

Account Type: Bank

Default Balance: £2,652

Current Balance: £2,432

Defaulted On: 26/11/2002

File updated for Period To: 11/05/2008

 

*****************************

 

It would seem that my £150 panic pay off might have actually ben £210. Does this give anymore insight into what happened to the account?

Edited June 3, 2008 by callmeBadger
Typo's

[babybear39]

Get an SAR sent to LSTB so you can look at the charges and make a claim which may substantially reduce the balance. I don't know where the template is but I'm sure someone who does will be along shortly.

[callmeBadger]

So, change of tact required, last night I got home from work and I now have a letter from Thames Credit, who as "Owners of your account, this Group of Companies is able to make decisions regarding settlement payments."

 

I have the normal stick and carrot letter, pay now in full for a 35% discount, don't pay anything and we'll dispatch solicitors or field agents.

 

I guess then that I'll now need to send a CCA request to Thames Credit now. So I've I got this right I'm needing the Following

 

Akiv Kapitol - CCA request, if they fail to provide me with one move to get the Default removed from my credit report.

LTSB - S.A.R to find out what the actual debt should be.

Thames Credit - CCA request? or should I say the debt is in dispute and not to contact me again until LTSB have confirmed the actual debt after removing bank charges.

 

Any advice as always appreciated.

Edited June 4, 2008 by callmeBadger
typo's

[42man]

Send CCA request to Thames....(but also state in the letter that you would like clarification that the debt ISN'T Statute barred !!)....

Send SAR request to LTSB.....

[callmeBadger]

Would you suggest sending a CCA request to Thames Credit to the Address on the Letter;

 

Thames Credit Limited

PO Box 444

Bromley

Kent

BR1 1ZB

 

or the registered office, held by Companies House.

 

THAMES CREDIT LIMITED

6TH FLOOR ALDWYCH HOUSE

81 ALDWYCH

LONDON

WC2B 4RP

I thought i read somewhere that some of these companies use PO boxes so they can't receive signed for post.

[42man]

I'd try both if it was me....

[jpf104]

As AK are the ones updating your CRA file and claim to have purchased the 'balance' I'd send the CCA to AK.

The SAR should go to LTSB.

Thames Credit are part of the AK Group of Companies - no point in sending them a CCA (waste of a £1 - imho).

As I said in my last post they'll fob you off with a load of brolacks, but you'll want to know when and if they did purchase the balance from LTSB.

Once armed with this info you'll be in quite a strong position.

[jpf104]

Heres a copy of the CCA request that I have used. It also contains an instruction to not contact by phone. Remember DO NOT SIGN just print your name or get someone to pp it for you.

 

Aktiv Kapital (UK) Ltd

Merchants House

Hamilton Place

Chester

CH1 2BE

 

 

DATE

 

 

Ref: Account No. XXX

 

 

Dear Sir

 

Under the statutory provisions of ss.77-79 Consumer Credit Act 1974 I am advised to request that Aktiv Kapital provide me with a copy of the executed Credit Agreement that relates to Account Number XXX.

 

Payment of £1.00 is enclosed as stated under the 1974 Act and may not be used for any other purpose.

 

You will also provide the following:

 

 

• A statement of all monies paid to the above account and any charges levied by Aktiv Kapital for the duration that Aktiv Kapital has had association with this account.
  
• A true and accurate copy of any legal instrument which Aktiv Kapital intends to rely on in respect to the above account.
  

 

You are advised that from this date all communications from Aktiv Kapital must only be in writing. Failure to comply with this request may result in legal proceedings under the provisions of the Administration of Justice Act 1970 and Protection from Harassment Act 1997.

 

 

 

Yours faithfully

 

And send it registered post - costs £4.60 but you will get proof of delivery. AK tend not to sign for recorded in my experience.

[babybear39]

All good advice above. CCA thames now as they've passed it on, aktiv is their parent company by the way SAR LTSB as this may show a sustantial difference with illegal charges removed.

 

Good luck and best wishes.

[callmeBadger]

Letters sent of to all three of them. I know the AK and Thames are sort of the same, but I'm certaint that Thames will say they got it from AK so I'll probably need to CCA them later.

 

Copes of letters below.

 

Thames Credit Limited

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

Dear Sir/Madam

 

Re: − Reference Number XXXXXXXX

 

I do not acknowledge ANY debt to your company.

I require you to supply the following documentation before I will correspond further on this matter.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. Payment of £1.00 is enclosed as stated under the 1974 Act and may not be used for any other purpose

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

Yours truly,

callmeBadger

Aktiv Kapital (UK) Ltd

Merchants House

Hamilton Place

Chester

CH1 2BE

 

Ref: Account No. XXXXXXXXX Lloyds TSB Account Number XXXXXXXXXXX

 

 

Dear Sir

 

Under the statutory provisions of ss.77-79 Consumer Credit Act 1974 I am advised to request that Aktiv Kapital provide me with a copy of the executed Credit Agreement that relates to Account Number Lloyds TSB Account Number XXXXXXXXXXX.

 

Payment of £1.00 is enclosed as stated under the 1974 Act and may not be used for any other purpose.

 

You will also provide the following:

• A statement of all monies paid to the above account and any charges levied by Aktiv Kapital for the duration that Aktiv Kapital has had association with this account.
  
• A true and accurate copy of any legal instrument which Aktiv Kapital intends to rely on in respect to the above account.
  

You are advised that from this date all communications from Aktiv Kapital must only be in writing. Failure to comply with this request may result in legal proceedings under the provisions of the Administration of Justice Act 1970 and Protection from Harassment Act 1997.

 

 

 

Yours faithfully

callmeBadger

 

June 4th 2008

 

Lloyds TSB

My Local Branch

Where My Account was held

 

DATA PROTECTION ACT 1998

SUBJECT ACCESS REQUEST

 

Dear Sir/Madam

Name MR callmeBadger

Account No. XXXXXXXXXXI understand that you currently hold details of my personal and financial information within your internal record systems with regard to personal accounts.

 

Please supply me with a complete list of transaction and charges relating to my history with your organization, INCLUDING Loans and other products. Alternatively a complete set of statements for the account or associated accounts is acceptable. I would be grateful if you would provide the following for ALL accounts or associated accounts I have held with your organization:

 

-Full copies of all contracts which you believe exist or have existed between myself and your organization, including true copies of any documents you hold in support of the same.

 

- A complete list of all transactions or statements relating to ALL of my Accounts with your organization.

 

-Copies of all documents which include any of my personal information including copies of any contacts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.

 

 

-Full copies or transcripts of any correspondence in postal, email or any other format which you have entered into with any individual, organization or third party which contains my personal or financial, or which pertains to me.

 

 

- Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.

 

 

-Full hard copy print outs of my personal or financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations.

 

 

I enclose a postal order in the sum of £10 to cover your fee.

IF YOU UNABLE TO DEAL WITH THIS REQUEST, YOU SHOULD IMMEDIALTELY FORWARD IT TO THE PERSON WITHIN YOUR ORGANISATION RESPONSIBLE FOR DATA PROCECTION.

I look forward to hearing from you in the first instance of receipt.

 

 

 

Yours faithfully

 

callmeBadger

[babybear39]

You only need to CCA thames And SAR LTSB.

[callmeBadger]

I've got a reply, quicker than I thought it was going to be, though as you'll notice doesn't really say much.

 

 

Thames Credit Limited

 

SMMR2

09/06/08

 

Dear Sir,

RE: Agreement Number: 987645321 (Not actual Number)

Outstanding Balance: £2,432.31

 

We refer to previous correspondence. Your above balance is still outstanding.

 

We have not been notified by you of any legitimate reason for non-payment.

 

This balance may be on your personal record at the Credit Bureaux and therefore, it is in your best interest to commence payments against the account. If you start making monthly payments then your credit file will reflect the reducing balance, thus indicating that you are addressing this defaulted account.

 

We can help you achieve this, by offering you the following options:

· Payments over a period of several months, up to a maximum of 6 months, to clear the whole balance, or

· Monthly payment of £25 or more, due by the end of each month by direct debit or debit / credit card, or

· Monthly payment of less than £25, due by the end of each month by direct debit / credit card.

 

Please choose one of the above solutions, to assist you to repay this account. As soon as you make your choice, we will reduce the balance by way of a discount to help you. This discount will range from 20% of the balance, up to 40%. If the payment method that suits you best is not shown, then we have other possibly payment options.

 

If you are in financial difficulties and find these options unhelpful at present, then please call us. We will listen to your situation, and may even allow an opportunity for you to hold this debt in abeyance for a period of time. If you were to commence minimal monthly payments right now, then any interest that may be added will be frozen. We are in a position to assist you so please contact us on 0800 731 6361

 

It is imperative that you contact us by the end of June, as your account will be passed to a Debt Collection Company after this time.

 

Yours Faithfully,

 

Thames Credit Limited

So, nothing what I asked for. I sent the CCA request on and posted it lunchtime (recorded delivery) on 4/6/8. Do I respond to this saying i'm disapointed or wait till the 12 days has elapsed then point it out to them they have now breach?

As always any input is greatly appreciated.

Edited June 11, 2008 by callmeBadger
making the letter look better

[jpf104]

Edit your post and remove the agreement no (the DCA's view these posts as well)

I'd wait until the 12 days are up. Then hit them with 'you are now in default letter'.

It's a watiting game but it worked for me.

Let me know of you want me to post a 'CCA stage2' letter.

[callmeBadger]

The Agreement number is just a number picked form the air and not my actual one. CCA stage 2 I'll find one somewhere as I have 5 days more before the next stage.

[heartopp]

So, if the debt was for an overdraft, then a CCA request would work...?

[callmeBadger]

What a surprise I had had went getting home from work this evening. This following letter was on my door mat waiting for me. I want to make a comment about one hand not knowing what the other hand is doing, considering this letter is dated as the same day as the previous letter I recieved (see earlier post by me).

 

Thames Credit Limited

 

REF Number: refference number

Letter Ref: CRQ1

Contact us on: 0800 111 4014

 

Mon-Thu 8.30am-5.00pm

Fri 8.30am-4.30pm

 

 

CRQ1

09/06/08

 

Dear Sir

 

RE: Agreement Number: 987654321 Lloyds TSB Bank Ltd (Not real agrement Number)

Outstanding Balance: £2,432.31

 

Further to your recent correspondance in connection with the above referenced matter.

 

In order to assist us in investigating and resolving the issues you have raised, we would ask that you contact our customer relations team on the above freephone number.

 

The purpose of tis conversation would be to ascertain certain important facts in relation to this matter, which will assist us in complying with your request and/or resolving your query.

 

We look forward to receiving your response in connection with this matter by telephoning 0800 111 4014

 

Yours faitfully,

 

 

THAMES CREDIT LIMITED

 

 

Does anyone think they will be actually missing information that they need from me when I sent the letter to them a few posts back, or is this another attempt to get people on the phone with them to start wearing me down?

 

If I don't respond to this can they use it as an excuse to not completeing my CCA request. Should I send a postal resonse now along the lines of "What more informatin do you require", or wait till the 12 days are up (we're on day 7 now) and then write with the you failed letter, you've 30 days to comply before i tell you.

 

As always advice is appreciated.

Edited June 11, 2008 by callmeBadger
adding the left/right hand rant bit

[babybear39]

They're chasing you, let them do the work. They have to comply with your CCA request or say they haven't got/can't get one.

[jpf104]

heartopp - actually overdrafts are covered by the CCA1974, but there won't be an agreement as such. The point of the excercise is that AK claim to have had the debt assigned. There will be no agreement therefore they cannot (if equitably assigned) sue in their own name. End of story for AK.

My experience - if you stick to your guns and quote law you will win. I did

 

Babybear - your right don't do the work for them and never, never phone them

 

callmebadger - wait for the 12 days to expire then send stage 2 letter. Don't deviate from the timescales. It will pan out in your favour in the end!

[callmeBadger]

Thanks. So I'm now waiting till again. This morning is day 8 so not really that long to hold off for anyway.

[callmeBadger]

just thought I'd check the proof of delivery for the recorded deliveries and it I can only see the signature for the letter sent to LTSB, Thames and AK both just say come back later.

 

Is it likely they just refused to sign for the letters, and how does this affect the CCA requests for them. Can they now use the "we didn't recieve the letters argument"? It's been 9 days since they were sent and I've not had them returned to me undelivered.

 

This happened to anyone else? Strange considering Thames seems to have responded to one.