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    • Hi all,        I really need to start my own thread on this Claim with Overdales/Lowell for a Cap One debt. but have already got to this stage .. My initial question for the moment - until replies come in - is that I figure my main stance is that a purchased debt cannot be claimed, debts can only be claimed by the original issuer of the debt .. but mediation is about coming to an agreement. So would I be acting in bad faith if I enter into mediation yet not seeking to come to a financial agreement? Also, I need to reject the scheduled time slot and ask for another as I'm not going to be free during those hours. The wording of the email gives the impression that I am given this one slot and if I reject it, then I am rejecting mediation - there is no mention of rescheduling, only of freeing up the slot for others .. although, I would have thought it would say so, if there were no possibility to reschedule.. Can I ask for another date without issue?   Anyway, if it's more helpful, I am happy to post up my defence and start a proper thread? I had a lot on at the time and had to do things right away due to the time limits, so didn't feel I had time to come here and go back and forth for info, so put my defence together from reading through relevant threads, late at night. CCA request appears to have been fulfilled (I'm still to check the accuracy of the documents). The other thing, asking solicitors about the particulars of the claim, hasn't .. although I forgot to ask for proof of postage and didn't send recorded post either (whereas the CCA I did), so not sure if I can pursue that easily ..?  
    • There is a plea guilty website...   Screenshot 2024-05-22 144200.pdf
    • Looking for a bit of assistance. I moved into a rented flat on 20th April 2024. I viewed it on the 14th April. Before I moved into the flat, the letting agency provided me with an offer sheet, in said offer sheet I made a number of requests and conditions related to me progressing with assuming the tenancy. These were: 1. A professional clean of the flat prior to move in date. 2. The hob, shower glass and bathroom cabinet be replaced prior to move in date. These were all planned actions by the landlord when I viewed it. I could see the boxes for the hob and other items in the flat. I prepared to move in on the 20th April but none of the work mentioned in the offer sheet had been completed. The standard of the clean was abysmal - mouldy food left in the fridge, nothing wiped down, bathroom mouldy etc. The hob, shower glass and bathroom cabinet were also not installed. I decided to not officially move into the flat as it was not in a condition as promised, my partner lives relatively close by so I lived with her initially. It was only on the 24th April that the hob, shower glass and bathroom cabinet were installed. The cleaners visited again 2 weeks after move in date (3rd April) and attempted another clean of the flat. Again, it was a poor job. I resorted to cleaning the flat myself. I have numerous pictures of the things I identified during my clean and have sent this all to the letting agency. Because of the issues faced, I asked the letting agency that the rent be reduced for the initial month. Exactly halved - to represent the 2 weeks that I was not living at the property. The landlord and letting agency have responded by saying that they will be willing to accept 1 weeks rent as a deduction but not 2. My question is, am I in a strong position to insist on the 2 weeks rent returned or have I been fortunate that they have even offered a weeks rent as a deduction? I would like to insist on the 2 weeks. I have paid the 2 weeks only as my rent collection date passed 2 days ago. Thank you for any assistance. Any further relevant details required let me know and I will provide.
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Aktiv Capital sink to new depths....


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Well with me anyways...

 

Hi new to the boards but not new to the tactics of the group of companies that are Thames Credit, Aktiv Capital, BCW etc

 

I'm prompted to join today after a rather interesting developement, that I believe is not in the slightest bit legal.

 

I reported the incident immediatly to the OFT and I await the phonecall from my local trading standards, *note I'm not holding my breath they have been useless so far*.

 

I've been toying with the above group of companies for nearly a year now. (At first they were annoying, now they just make me laugh at some of the tactics they use) Having got no joy from the OFT I already have a standing complaint in against them I decided to make them my amusement for the day at their daily phonecall.....

 

But today just really takes the cake and now I'm beyond angry. Angry enough that I have an appointment booked with my solicitor tomorrow. I have requested CCA's none have ever been forcoming and no postal orders have ever been cashed, just new 'debts' appear out of the woodwork...I'd love to know where they find em, cos I haven't a clue!

 

Anyways sorry...

 

My daughter has just had a visit from a debt collector, with regards to one of the statute barred debts of mine (a 12 year old debt thats amount owing goes up and down like a yo-yo depending on which letter you read and which company it comes from) My daughter who is 18, has the same initials as myself however her first name is totally different, however this debt somehow now belongs to her!

 

I'm not the sort of woman that gets intimidated easily having run my fair share of estate boozers. And after a rather blunt and to the point retort from myself, I sent the debt collector scuttling off down my path faster than a terrier down a rabbit hole.

 

Has anyone had this tactic tried on them and if so can they be prosecuted? because right now I'm willing to press whatever charges I can against them.

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Aktiv Kapital (especially in the guise of Thames Credit) has never bothered about whether they are hounding the right victim or not; nor do they care about the debt being statute barredI think a strongly worded letter to trading Standards and OFT would be in order, especially as your daughter would have been 6 years old when she acquired the debt!

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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To be honest the OFT have done nothing, I am still receiving phonecalls daily (I've run out of blocked numbers!!) and having half a rainforest dropped in my mailbox on a weekly basis.

 

I want to know which book if any I can throw at them with regard to deformation? false accusations? my daughter has never received diddly squat from them, until this today and it is beyond out of order.

 

Unfortunatly I didn't catch the DC's name or company, he was in too much of a hurry to get back in his car XD

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Doesn't matter who the doorstep monkey is, Aktive was the company who sent him, so get on to trading standards. OFT just collate evidence, and if and when they receive enough, they act. they won't act on individual's complaints. trading Standards will (allegedly) to hound a girl who, if anyone took notice of Aktiv, would have been 6 at the time is more than ridiculous. Defamation actions are very expensive.

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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I just don't get it...what they have done is illegal... surely? there has to be something in law that they can be prosecuted under?

 

I did some digging through my weekly rainforest and came up with a letter from a Bailiffs in Doncaster called Philips...I'm presuming it was one of their err boys.

 

The letter states 'Outstanding arrears on behalf of BCW Group PLC' but then says the creditor is Aktiv Kapital UK limited.

 

I'm running out of idea's of how to play with these people!

 

They're still going to be hearing from my solicitor and I will be following this up via trading standards, but in the meantime... I need some new toying tactics... all ideas will be thoroughly twisted for maximum amusement factor...

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They've never had a cent out of me, and they won't get as everything they are chasing me for is statute barred - the 'debt' in question is 12 years old.

 

It just seems the more I wind them up, the more digging they do to see what they can throw at me... and they really are scrapping the bottom of the barrel with this one!

Edited by Oldshep
to add an afterthought.
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They can continue to chase you for a statute barred debt BUT once you state that you will NOT be paying towards a statute barred debt they cannot continue to pursue you otherwise this will be harrassment....you need to send letter 'M' from here by recorded delivery - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

This is what the OFT say.... - Section 2.14 (b) -

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.

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They've had the letters, I've been a lurker here for a while :) all they do is move it on to another 'affiliate' and then they start, so i send them a letter and they send me something new, or make illegal searches against my credit record... Experian have already dealt with them, Equifax are a little more difficult to get to move thier backsides.

 

I can deal with anything they throw at me, but to send someone after my daughter...because they can't get to me... that's not something I will stand for.

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I've just received a phonecall from Trading standards and they are going to deal with it as it is plain that I am being harrassed.

 

So watch this space... see what happens... still off to see solicitor and will back up with a cease and desist Harrassment type letter from him.

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Make sure you come back here! I'm dying to find out how you get on ...

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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I had a message on my answer machine yesterday from trading standards, i rang back within minutes of them leaving it, unfortunatly I got to talk to their answer phone so i am still waiting on a response...

 

on a side note... In the post today were 3 Letters from Aktiv Kapital

 

One of which was for the 12 year old debt they sent the DC around to collect from my daughter. It seems to have gone up another 400 squid... [insert ROFLMAO smilie here]

 

The bit that tickles me is....

 

'Our company, the Aktiv Kapital Group, has millions of customers Worldwide, and we have decided we would like to help you with the above account'

 

So it is now filed with all the other letters pertaining to said account, inc the ones that claim this account is now owned by them and the ones where they threaten legal action to reclaim their interest in said account. Likewise the other 2!

 

I'm developing quite the portfolio :cool:

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Hello all, regards ARKTIK KAPITALL, I sent off letter 2 days ago telling them that they failed to come up with any proof to take a long hike of a short Norwegian Fyord. If I get any more letterbox bowel movement from them, send them this plain message which even a solicitor should understand - "What bit about go **** youselves don't you understand" I appologise to all caggers for this blunt and forthrite statement but come on people ENOUGH IS ENOUGH.:D

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  • 2 weeks later...

Just checking in to say... I haven't had a single letter or phonecall in over a week - I also haven't heard from trading standards, however all seems quiet on the AK front...bet i've jinxed myself now LOL

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don't expect any direct response or action from the OFT. They do not deal with individual complaints - what they do is accumulate all the complaints and then, when there are sufficient, go for the DCA's jugular in suspending or revoking their Consumer Credit Licence.

 

This is why it is important to submit complaints about DCA's to them. The complaints must be explicit in what breaches of the law or Guidance the DCA has committed. Just saying 'a DCA behaved badly' is not enough.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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BCW must read this cos the T***s have just called...

 

*shakes head* Pathetic

 

Edit: Trading standards have asked me to get all my paperwork together for them if needed, but so far they haven't asked for any of it. It's all sat here waiting.

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Received letter from AK at weekend - We have your application form here, but we cant send it to you coz basically we dont really have it, thats why we want you to reply in our 2nd class envelope with all your relevant paperwork, your addresses for the last 10 years - this is so we dont breach data protection by sending what you requested in case you are not who you say you are. EEEEERRRRMMM!, in that case why have you been writing to me ok in the past with no probs. I sent them the response on the paperwork they wrote to me - far from pleasant dictation, and used their own envelope to send it back - well, why should I waste money on a stamp. Anyone care to reply with comments.

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You could get one of those truecall gadgets if you don't want to get calls from them, or you intend to record their threats on the phone . But addressing the monkeys that operate the telephones is only really of use if you want to torment them or have a bit of fun . It won't really stop them . If you want them to stop, you have to bombard the complaints / compliance people with your formal complaints . Never leave them alone , every single breach they make , get off a new complaint . They hate getting dragged down in paperwork and would far rather their threat monkeys would just get you to pay up and shut up.

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