Aktiv Kapital/hsbc -debt issues

[debtchallenger]

I am trying to sort out some of my husband's debts at the moment and he had a loan with HSBC which is now being pursued by a company called Aktiv Kapital. They sent him a rather odd letter saying that he owed £6687.00 but they would accept £4680.91. This seems really odd to me. Why would they do themselves out of £2,000?

 

Has anyone else had this experience?

[dx100uk]

cause they prob know there is no enforceable agreement?

have you CCA'ed this debt?

 

or could there be reclaimable charges & PPI involved?

 

dx

[Huff&Puff]

I agree, it means they have no paperwork, and therefore no realistic chance of winning in court. You can send them a CCA request, or even save yourself a quid and send them a "prove it" letter, and the chances are they'll go away.

[debtchallenger]

A CCA letter is on its way to them today with a £1 cheque signed by myself, not my husband as I have read on here that these companies scan signatures!!

 

Sorry, I am a bit new to this, what is PPI?

[the_shadow]

Dont forget if they have purchased the debt and not just collecting on behalf of then they have only probably paid between 6p - 15p in the £ for that debt.. hence easy profit even at the lower rate.

 

S.

[PGH7447]

ppi - payment protection insurance

[debtchallenger]

I just checked my bank account, and noticed that Aktiv Kapital appear to have cashed the £1 cheque that I sent with the CCA letter.

Does this mean that they are able to produce the CCA? Or would they just cash cheques anyway?

[PGH7447]

£1 is a lot of money to these cretins of course they will cash it, it does not mean they have a valid agreement though

[the_shadow]

I just checked my bank account, and noticed that Aktiv Kapital appear to have cashed the £1 cheque that I sent with the CCA letter.

Does this mean that they are able to produce the CCA? Or would they just cash cheques anyway?

 

It could be the only £1 they receive off of you... let them cash it, dont be mean

 

Means nothing either way, they are allowed to claim the £1 as a fee and will cash it regardless of whether they can provide documents or not.

 

S.

[debtchallenger]

Well I have had a response from Aktiv Kapital to my CCA letter, and they have said that although they purchased the right to recover the outstanding balance, they are not the original creditor and do not hold original documentation in this matter. They then say that they will contact the original creditor (HSBC) to get this, as they wish to provide the information that we require.

They then say that they will try to do this within the prescribed time scales, but they may be unable to do so, and until then, our account is on hold and has been "removed from the collection process" whilst they await the requested information.

 

The deadline for supplying this is 21st August which is when the 14 days is up. Am I correct in thinking that even though they have sent us this letter, if they still cannot provide the documentation by the 21st, that we do not have to do anything?

[PGH7447]

correct standard response just file and ignore

[debtchallenger]

That is what I thought - thank you for confirming!

[debtchallenger]

My husband has had problems with Aktiv Kapital in the past, and we formally put the debt into dispute in July 2009. Have not heard much from them since, apart from that they were trying to obtain proof of the debt from the original creditor, HSBC.

On looking at his credit file, they previously registered a default on 08.01.07, without him knowing.

We have not heard anything from Aktiv Kapital for a while - what should we do? Obviously, we are trying to work towards getting the default taken off.

Interestingly, Experian is showing that the default is not being regularly updated, and Call credit is showing that it is. Not sure if that has any bearing on things.

What happens if a default is just not paid? Does it drop off the credit file after 6 years, and that is that? Should we contact Aktiv Kapital and ask what is happening?

 

Thank you

[citizenB]

Who actually registered the default with the CRA's ? It would normally be the original creditor who would then update it until such times as the account was sold on .. in your case to Aktiv Capital.

 

All AC can do is then update it. They cannot change the date the default was first registered. What you need to do is find out when the original default date was. Perhaps a Subject Access Request to HSBC might be of use to you... as it should be recorded on file when that date was.

 

The default will drop off your records after 6 years and the debt becomes statute barred from the date of last payment or acknowledgement of liability

 

HTH

[debtchallenger]

Thank you. So am I right in saying that if the debt remains unpaid, the default drops off and they cannot chase it further? I will certainly try and find out who registered the default originally.

[citizenB]

Thank you. So am I right in saying that if the debt remains unpaid, the default drops off and they cannot chase it further? I will certainly try and find out who registered the default originally.

 

Once it becomes statute barred.. the debt still remains and some attempts might well be made to

collect on moral obligation.. there will be no legal obligation for you to part with any money.

 

HTH

[debtchallenger]

Ah I see, thank you. I was worried that they might be able to "re-register" a default at the time that it was due to come off the credit record.

[citizenB]

Ah I see, thank you. I was worried that they might be able to "re-register" a default at the time that it was due to come off the credit record.

 

Just keep an eye on your credit files around the time it is due to come off