Aktiv Kapital

[boxer18]

I have Aktiv Kapital chasing me on behalf of GE Capital. i I had a loan of them and at the end of the agreement i was told that i had missed one payment, i was fairly sure that i had not and told them to prove it and then it all went away. Now a couple of years later Aktiv pipe upasking for £140, I have put in a CCA request to Aktiv Kapital 10 days ago. However this morning i get a letter from Buchanan clark and wells solicitor sting that the have been instructed by Aktiv Kapital to recover the debt and havemade a formal denad for the money, and are threatening legal proceedings. do I just wait for the 12+2 days to go by and then send an account in dispute letter, also is there a letter that I can send to BCW.

 

and finally the BCW have offered a limited time special offer

 

Option 1: a you pay, we pay scheme with silver, gold, platinum and diamond repayment plans where I pay a set amount each month for 3 months then future payments are reduced by a percentage dependent of the scheme you have taken. I Cant see where the we pay bit is myself

 

Option 2: a stretch and settle plan where I pay six monthly payments of 10% of the current balance, and after 6 months its paid off, therefore a 40% discount.

[the_shadow]

I have Aktiv Kapital chasing me on behalf of GE Capital. i I had a loan of them and at the end of the agreement i was told that i had missed one payment, i was fairly sure that i had not and told them to prove it and then it all went away. Now a couple of years later Aktiv pipe upasking for £140, I have put in a CCA request to Aktiv Kapital 10 days ago. However this morning i get a letter from Buchanan clark and wells solicitor sting that the have been instructed by Aktiv Kapital to recover the debt and havemade a formal denad for the money, and are threatening legal proceedings. do I just wait for the 12+2 days to go by and then send an account in dispute letter, also is there a letter that I can send to BCW.

 

and finally the BCW have offered a limited time special offer

 

Option 1: a you pay, we pay scheme with silver, gold, platinum and diamond repayment plans where I pay a set amount each month for 3 months then future payments are reduced by a percentage dependent of the scheme you have taken. I Cant see where the we pay bit is myself

 

Option 2: a stretch and settle plan where I pay six monthly payments of 10% of the current balance, and after 6 months its paid off, therefore a 40% discount.

 

Do you have a copy of the letter you sent Aktiv and was it by recorded delivery, I'd be inclined to send a letter back to the solicitors stating that

 

"their client knows full well why payment has not been made, and until they prove the debt is actually owned and that a payment was missed they will not receive a penny. You feel sure a judge/court would see that you have reasonably asked for evidence of this missed payment and until you receive it would expect you not to pay a penny."

 

and enclose a copy of the original letter if possible....

 

Or something similar

 

S.

[dcakiller]

send bcw the letter below

 

 

letter when solicitors are threatening with legal action whilst a company are in default of your request for your agreement.

 

 

Dear Sirs

 

I refer to your letter of XXXXX 2008, the content of which is noted. No debt to your client is acknowledged.

 

On (date) I made a formal request to your client pursuant to s.78(1) of the Consumer Credit Act 1974. They have failed to comply within the statutory time limit, or at all. It should not be necessary to have to remind solicitors that the provisions of s.78(6) now apply.

 

In the circumstances, your/your clients threat of legal action would appear to be a breach of the Consumer Protection from Unfair Trading Regulations 2008 and the Office of Fair Trading Guidance on Debt Collection. Should you or your client bring proceedings, they will be robustly defended, and the Court's attention drawn to the above statutory breaches . Furthermore, I reserve the right to bring the conduct of your client to the Court when the issue of costs is being considered.

 

Yours faithfully

[42man]

They cannot pass on the debt whilst it is in dispute !! - send this recorded to Buchanan Clarke & Wells..(they are a debt collector and not a solicitor) - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/574-letter-when-account-has-been-passed-on-whilst-agreement-request-is-in-dispute

[boxer18]

So BCW are not solicitors. I thought that they were by the langauge they were using in the letter i.e that they have been instructed by Aktiv Kapital to recover the debt. That make me feel less nervous about this. I will send BCW the recommended letter and se what comes of if. Mind you i did think it was a bit funny them offering special offer payment terms. Thanks for the information.

[Revenant]

Mind you i did think it was a bit funny them offering special offer payment terms.

 

DCA's are not as generous as they seem, when they purchase a debt it's for pennies in the pound but still try to claim the full amount

No matter what discount they're offering they'll still make a decent profit on any payments they can blag from the unknowing

[F_DCAs]

Silver, gold, platinum and diamond repayment plans? Seriously? Do we get green stamps if we decide to take one of these plans up? FFS!

[mr.ton]

 

Option 1: a you pay, we pay scheme with silver, gold, platinum and diamond repayment plans where I pay a set amount each month for 3 months then future payments are reduced by a percentage dependent of the scheme you have taken. I Cant see where the we pay bit is myself

 

Option 2: a stretch and settle plan where I pay six monthly payments of 10% of the current balance, and after 6 months its paid off, therefore a 40% discount.

 

Arent you lucky? - BCW havent offered me such similar schemes

[boxer18]

With reference to this the account does not go into dispute until the 16th of October, therefore what do I do in the mean time with BCW do I ignore them, send them a CCA request, or is there something else that I can send them.

[Uptotheneck]

As long as you sent the CCA request to AK by recorded delivery there is no need to CCA request BCW.

 

 

Regards

 

David

[the_shadow]

With reference to this the account does not go into dispute until the 16th of October, therefore what do I do in the mean time with BCW do I ignore them, send them a CCA request, or is there something else that I can send them.

 

You can either wait it out or send them something like I suggested in post #2, I saw that you hadnt reached the 12+2 days when I suggested the contents of the letter, if nothing else its a stalling tactic which attempts to get them to respond in writing by which time it will have reached 12+2 days.

 

Edit: No need to send CCA to BCW as they have been instructed by Aktiv who you have CCA'd already and they should have passed that request up to GE Capital (confusing aint it )

 

S.

[boxer18]

Many Thanks. Its very confusing and frustrating, as it has been said many, many times on this site DCA's hold very little regard for the rules and do as they please.

[boxer18]

The Saga continues, I have sent the Account in dispute letter to BCW by recorded delivery, which I sent on the 18th. However today I have received a Final Notice from BCW stating that unless I pay up they will start legal proceedings against me. I have still had nothing through from Aktiv Kapital reference the CCA. Is there Final warning letter that I can send BCW as they obviously dont understand or decided to ignore the account in dispute letter. Any advice greatly appreciated.

[berrylover]

Hi there, can you scan (making sure that any personal details and barcodes are not visible) the letter or copy it onto the forum. Would like to see exactly what they are threatening you with.

[boxer18]

Unfortunatley I am unable to scan the letter at the moment but I will type what it says

 

We refer to previous correspondance regarding our clients Aktiv Kapital UK limited and regret to note that your debt, in the sum of £140.00 remains outstanding.

 

Since you have failed to notify us of any legitimate reason for non-payment we can only assume that you do not wish to settle this matter amicably.

 

Accordingly this letter should be accepted as a final notice that unless payment is made immediatley, we shall seek to commence legal proceedings against you, with the payment of interest and costs in addition to the principle sum being sought.

 

The rest of the letter basically gives contant info. Hope that enough

[berrylover]

Ahh its the empty threat letter. Notice that they say "we shall seek to commence legal proceedings..."

 

If they had any legal right to commence legal proceedings against you they wouldn't need to seek them.

[Seminole]

I'd be inclined to ignore them. AK are in default of their CCA obligations. Send a letter of complaint to your local Trading Standards and to the OFT regarding both companies.

[the_shadow]

Unfortunatley I am unable to scan the letter at the moment but I will type what it says

 

We refer to previous correspondance regarding our clients Aktiv Kapital UK limited and regret to note that your debt, in the sum of £140.00 remains outstanding.

 

Since you have failed to notify us of any legitimate reason for non-payment we can only assume that you do not wish to settle this matter amicably.

 

Accordingly this letter should be accepted as a final notice that unless payment is made immediatley, we shall seek to commence legal proceedings against you, with the payment of interest and costs in addition to the principle sum being sought.

 

The rest of the letter basically gives contant info. Hope that enough

 

 

 

I thank you for your letter dated xx/xx/xxxx where the threat of court action was made.

 

It should be noted and I'm sure you are aware, there is a perfectly valid reason why payment has not been made in that there is a dispute ongoing with Aktiv Kapital and until that dispute is settled there is no obligation on me to furnish payment at all until this debt is proven to be owed and equally importantly proven to be owed to your client.

 

I note your threat of court action and would advise that I would rely on the CPR protocols to obtain a copy of my credit agreement, this being the same credit agreement that your client Aktiv Kapital are in default of sending me, prior to any court hearing.

 

Something along the lines above perhaps...

 

S.

[boxer18]

That makes me feel a bit better, however BCW seemed to have completely ignored the account in dispute letter that I sent them. It seems obvious that Aktiv Kapital can't supply the requested CCA and gave passed it on to BCW, which they shouldn't have done. I just want to stop these threats by BCW and issue a few of my own, and if required report them.

[berrylover]

Probably just crossed in the post tbh. Send the note the Shadow suggested recorded delivery.

[boxer18]

An update on what happening. I have now received from AK the documentation from the CCA request and all the prescribed terms appear to be on it so it looks valid. However on the statement for the account i have noticed that the outstanding debt is made up of charges for letters. At the start of the loan in 2003 a couple of payments were recalled by the bank but were later paid, and all of the payments were completed and the full loan amount paid off. Now is there anything I can do about the charges for the letters, I know the amount I owe isn't massive but I do not see why I should pay for £20 for a letter. Any advice would be much appreciated.

[lickthewallfatboy]

start charging them £20 for each letter you send them

 

you'll soon offset the balance

[boxer18]

Just to clarify, it is GE Capital who are charging me for the letters £140 worth of them, all dating back to 2003, I know you were able to claim back charges from the banks etc, but is there anything I can do in this case.

Edited November 29, 2009 by boxer18

[boxer18]

Can anybody help me with this please, I really want to get this sorted, does anyone know if I can do anything about these charges for the letters, as I said the loan was fully paid off and Its just the charges for the letters that they are chasing, any advice would be appreciated, Thanks

[Huff&Puff]

Write back to them and say exactly that. The loan was paid off, and you consider all the charges to be unlawful and that you won't be paying. That will at least put it in dispute. See what they've got to say to that.