Help with Aktiv Kapital

[waynat]

Since the late nineties a debt management company called DebtCall later known as DebtCom have been dealing with a number of debts paying a minimal monthy amount of £1.00, however it as become apparent that as of November 2007 they have not been paying the debts despite being paid the money. A number of debt collectors have began pestering me recently to whom I have sent out CCA requests. Aktiv Kapital sent me letters a five weeks ago which I replied with a CCA request as I also was unaware what original debts they were.

They have since replied with the documentation attached, please inform me if you cannot open any files. They also included lists of payments and charges made up to November 2007. Sorry this has been so long winded but could someone please advise me what to do

Edited April 12, 2009 by waynat

[diamondgirl]

I think we need someone with more knowledge than I can give. Hand in there someone will be along soon with more knowledge. Your docs seem to open ok.

DG

Edited April 10, 2009 by diamondgirl
as requested

[Toulose LeDebt]

Looking at the pdf's claiming to form a deed of assignment.

 

Couple of quick questions to kick off.

 

Was the OC actually CL Finance?

Is AK6 dated? and if so what is the date on it?

is AK08 signed ?

Did you receive notice of the assignment?

[waynat]

Thanks! They sent a list of payments which ended in November 2007 see attached.

Edited April 12, 2009 by waynat

[waynat]

No the sheets are neither dated or signed they are as they appear on the PDF's.

[waynat]

And yes it was CL Finance sorry!

[Toulose LeDebt]

Dear Aktiv.

 

Sod off and stop pestering me.

 

You claim title to these monies through an assignment made between C.L.Finance Ltd. (the assignor) and Aktively Crapital (the assignee) and have provided documentation to assert this claim. I also note that such document would not pass inspection in Court and was neither executed nor perfected correctly.

 

You have however also provided documentation which proves that C.L. Finance Ltd. could not be in a position to assign this alleged debt because prior to being sold to your company it was owned by Lewis debt recovery (part of the Lewis group Ltd) thus C.L. finance likely did not hold title.

 

Until you can provide me with the following no payment will be made to your company:

 

Proof of title to this account.

Proof the debt exists in the amount claimed.

A valid CCA as formerly requested by myself of your company.

 

Further to this you acknowledge receipt of my CCA request made of yourselves on **/**/**** and go so far as to acknowledge your own failure to provide the copy as requested within the specified time. You even admit such document does not exist.

 

Section 78(6) of The CCA makes provision that:-

(6) If the creditor under an agreement fails to comply with subsection (1)— (a)he is not entitled, while the default continues, to enforce the agreement; and

 

 

The account is therefore in dispute and unenforceable until such time as you produce a copy of this agreement. Since you have already admitted this agreement does not exist I suggest this will be difficult.

Further to this the account was placed in default in 199* so any attempt to register a default against my name with the credit reference agencies will be unlawful and against the Information Commisioners guidance that a default might only be registered for a period of six years.

 

To summarise you have purchased an alleged debt from a company who were not lawfully entitled to sell the debt. No CCA exists by your own admission so the debt can never be enforced by a Court under any circumstances and whilst in dispute collection activity is forbidden by the OFT guidelines on debt collection. You may not lawfully register a default against my name due to the age of the account and any attempt at collection activity or Court enforcement will be vigourously defended for (but not restricted to) the reasons contained within this letter and any attempt at causing me damages through registering adverse information will be met with enforcement under the DPA 1998 through a County Court Action by myself against your company.

 

At best you can ask me nicely if I will voluntarily pay you for this account. If you were to do so I would still require you to prove ownership, title and the amount and enforceability of the account. Then I would simply decline.

 

I suggest you take on board the legalities surrounding your acquisition of these debts and pay serious attention to the thought of writing them off.

Such action will in the long term save you far more in administration and legal costs than any attempt at enforcement which will likely cost you very dear indeed.

 

I hope this clarifies the situation.

Edited April 10, 2009 by Toulose LeDebt

[waynat]

Thank you very much Toulose for your help! In your experience will this do the job?

[Toulose LeDebt]

You have to remember that you are dealing with ill educated money motivated and untrained telesales reps with these companies. They ignore the laws and guidelines constantly, the industry is poorly regulated and punitive action is unheard of.

 

So the answer is 'probably not'.

 

But you will take the high ground in the battle which will likely involve you sending harrassment letters, Section 10's and several other letters. These people are thick and beyond reproach at the moment.

 

From the documentation supplied you should not be paying them anything, the account is after all lawfully in dispute and unenfoceable until the CCA is produced;).

 

Please do as I suggest right at the end of my previous post.

[waynat]

Took your advise Toulose and once again thanks! Hope i can come back to you in the future!

[diamondgirl]

You do have a way with words TLD. DG;)

[Toulose LeDebt]

Thank you DG but these oafs at comapanies like Aktiv do tend to give you many words to work with.

 

BTW Thanks you certainly are a diamond.

[make them aktiv runners]

CL Finance & The Lewis Group are both subsidiaries of Cattles PLC.

 

The only way to prove ownership is for all deeds of assignment to be provided from OC onwards.

 

If *a big if* CL are entitled to sell, this is not a valid legal assignment. Lack of dates alone shows at best assignment could be valid in a court of Equity.

[waynat]

Hi Toulose thanks for your help in the past it seems to have worked. Would you or anybody else have a look at this one please? I sent out a CCA request and after a couple of months have recieved the attached photocopies. Any advise would be appreciated.

BW1.pdf

Edited June 2, 2009 by waynat

[postggj]

Ive Seen Some Bad Agreements In My Time

 

Wait For More Comments Before I Jump In

 

Did You Ever Get A Default Notice

[F_DCAs]

Is this all they sent? For one, it's barely legible.

[make them aktiv runners]

DCA's are known to read the forums. You need to edit out the reference numbers handwritten on BCW2, plus the number in large type across the page. For BCW3 edit out the top left hand corner as it identifies the location of purchase to those in the know.

[waynat]

Will edit them and put them back on later. Just to let you know the copies i have are photocopies but are alot clearer than the image on the screen!

[waynat]

Edited attachments as mentioned.

BW2.pdf

BW1.pdf

BW3.pdf

[havinastella]

Ignore until court!

 

Jogs

[waynat]

What would i do at that stage?

[diamondgirl]

What would i do at that stage?

 

I would now wait and see what they do next.

As someone asked previously did you ever get any Default Notices from anyone if you did can you post them up removing any personal info?

If it comes to the court stage you will get all the help you need from everyone.

DG

[waynat]

I am not aware of any recent default notices just letters demanding the outstanding debt!

Edited June 6, 2009 by waynat