Activ Kapitol....Won't Comply with a CCA Request! Help!

[katpuss]

I am being chased by Activ Kapitol for a debt that isn't mine. It is a Dorothy Perkins account and since I have never held an account Dorothy Perkins I am disputing it.

 

I spoke to them yesterday by phone (for the 30th time in 3 weeks!) and told them that they had to comply with the CCA request that I had made. I explained to them that they had to provide me with a signed credit agreement and that if they couldn't they couldn't enforce the collection of the debt. Their reply was:

 

"We don't have to as we aren't original creditor"

 

"2 Payments were made in 2007, you've acknowledged the debt"

 

"You will be contacted every day until you pay us"

 

Is this correct?

 

I haven't made any payments and asked them to provide me with evidence of this as well.

 

Am I right in thinking that they can't enforce the debt unless they provide a signed CCA?

 

For info debt dates back to March 2003 and were passed to Activ Kapitol in 2006.

 

Thanks

Katpuss

[ODC]

NEVER SPEAK TO THESE CRETINS OR ANY DCA ON THE PHONE

 

They are talking BULLSHOT. They may not be the original Creditor but they are obliged under S175 of the CCA 1974 to pass your LEGAL request on to the Original Creditor. However they have probably bought the debt from the OC so therfore they are now the Creditor as defined by S189 of the CCA 1974

[katpuss]

So baiscally unless they comply they can't enforce collection of the debt then?

[Nottsdave]

Hi

 

Everytime they ring you do not go through the security questions (if there are any) this should end the call. If this fails ask them to hold for a sec then tell them to continue as you are now recording the call, this will definitly end the call.

 

Tossers all of em !

 

Notts

[Nottsdave]

So baiscally unless they comply they can't enforce collection of the debt then?

 

Bingo !!!!!

 

 

Thats right

 

Notts

[ODC]

So baiscally unless they comply they can't enforce collection of the debt then?

 

Yep. Its that simple.

 

Every time they ring take the upper hand. Interupt them to tell them that you are recording the call. Refuse to answer their questions,

[PGH7447]

Just ask the person phoning if they are part of the redundancy program in place at aktivekrap

[lickthewallfatboy]

expect the DCA's to get increasingly desperate and the tactics used lower down the low-life scale as the recession bites,and they try to hold onto their pathetic "jobs"

[ashmk]

Have fun with them. Tell them to hold the line for a moment then wonder off and do something else.

 

They cannot touch you without that paperwork and if you have never signed it they can never prove it. Get on with your life and just waste theer time when they call untill they get bored. Its great fun

[42man]

FINAL RESPONSE

 

Dear Sirs,

 

I write in response to your letter dated XXXXX

 

I have NEVER had any account with Dorothy Perkins. You state that I have made 2 payments to your company in 2007, this is a complete lie as I can categorically state that it was not myself or any other friend or relative who made a payment.

 

I am now of the view that you are harrassing me for a debt that I do not owe. I now require all correspondence in writing and make a formal request for your official complaints procdures, if they are not received within 14 days, I will have no other option but to report your company to the Financial Ombudsman Service, Trading Standards and the Office Of Fair Trading.

 

I trust this outlines my position clearly enough.

[ashmk]

Excelent 42man