Activ Kapital Scare Tactics Maybe????

[katpuss]

Just had another call from Activ Kapital this morning at 9.15am! They have picked up a debt in my name which I don't recognise at all.

 

I explained to him that I would be sending a CCA request to the original creditor asking for a signed copy of the credit agreement (which they won't have obviously).

 

 

The guy then proceeded to tell me that this would make no difference as they weren't the original creditor and could persue the debt anyway.

 

Surely they can't?

[Curlyben]

Easy enough.

Send em a Prove It.

 

Dear Sir/Madam

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

[paulisgod]

If you dont owe the money dont pay! send your cca request, obviously you wont get one if you never owed them anything, but you need to send for it recorded delivery so you can prove you sent for it. Before you send for it check if the dca has bought the debt. If they bought it send the cca request to them.

 

Other than checking if the dca bought the debt, and sending a cca request, do nothing - do not speak to them - bar their number or they will harras you.

 

They can not legally pusue the debt without a credit agreement, assuming the money they claim you owe was coverd by a credit agreement. What do the dca claim the debt is for?

[katpuss]

They claim it's for a GE Capital Bank Dorothy Perkins account. I've never held a Dorothy Perkins account!

[saintly_1]

Send them the letter curlyben posted that should do the trick

[paulisgod]

The (alleged) debt would be covered by a cca.