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Are Aktiv Kapital a bit thick or what?


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Hi all

 

I have CCA'd AK and had this response. Is this a normal response, or have they just admitted they legally cannot chase this debt?

 

"Dear Mr ********

 

RE: Agreement Number blah de blah, Barclaycard

 

We write further to the above matter, and your request for documentation/further information regarding your agreement with the above named Creditor under Sections 77 to 79 of the Consumer Credit Act.

 

Although we purchased the right to recover the outstanding balance due under the agreement, as we are not the original creditor we do not hold the original documentation in this matter.

 

In order to obtain this, we will contact the original creditor, as we do wish to provide the information you require, in accordance with the Consumer Credit Act 1974, in an effort to resolve this matter.

 

Whilst we endeavour to obtain documents within the prescribed time scales, due to the fact that we have to try to obtain documents from the original creditor we may be unable to do so, your account is on hold and has been removed from the collection process whilst we await the requested information.

 

Yours sincerely

 

T Clarke

Complaint Dept"

 

So, they haven't got the CCA? Need to ask for it? I thought they needed it in order to pursue me? Anyway, I have yet to tell them it's SB'd. Bless em!

 

Any thoughts?

 

Thanks

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That is a normal response and quite in order. Just sit tight and wait. Crediters do no normally pass on paperwork when they sell a debt, that's why the DCA has to request it from them. Sometimes they can get one and other times they can't. They are not allowed to chase the debt whilst waiting for the cca hence your account will be on hold till they come up with the cca.

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AK should be 'done' for corporate manslaughter, naming thames credit as a co defendant!

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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  • 3 weeks later...

**** UPDATE ****

 

Had a letter from AK today, almost a carbon copy of the one above, with the addition of an extra paragraph, which is:

 

"Please now find attached the agreement pertaining to the account.

 

We shall forward further information upon receipt."

 

Ok this is the attached. It's a Barclaycard Application form. It's a photocopy. On the edge of the "photocopy" is written, by hand, CCA 31BC***** (the AK account number) and in a red circle, stamped, it says COPY.

 

I know this is just an app form, but in the box where I signed my scrawl, it states, "This is a Credit Agreement regulated by the Consumer Credit Act 1974. Sign it only if you want to be legally bound by its terms.

 

Signature of Customer (Me)

Date of Signature 28/08/97

 

So is this a true copy of the CCA?

 

Regardless, do I still send them "this debt is statute barred" letter, and see how they respond?

 

Thanks

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Oh, I forgot to mention, AK received the CCA request on 14th Oct (signed for). The deadline for the request expired on the 3rd Nov. I gave them an extra week for postal strikes.

 

Am I correct in sending them this:

 

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

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Yes :D

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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If the debt is indeed Statute Barred (6 years with no acknowledgement in writing or payment) then send them the Statute Barred letter.

 

They were making my mum pay for a Statute Barred debt but they closed the file once i sent them the Statute Barred letter.

:cool::cool: Blondmusic :cool::cool:
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Or if you want to amuse yourself, you can argue with them for a while about their laughable excuse for a CCA. Then when you feel that you've wasted enough of their time you can hit hem with the Stat Barred letter :D

 

A person after my own heart!!

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I know this is just an app form, but in the box where I signed my scrawl, it states, "This is a Credit Agreement regulated by the Consumer Credit Act 1974. Sign it only if you want to be legally bound by its terms.

 

you see,this is where I have a major problem with your data being processed by companies who have nothing but an unsigned application form.....

 

this has to be unlawful

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Yes, I have had one too. No mention of a deed of assignment, no letter of assignment, no letter from original creditor (if indeed one existed) and the statute bared issue. 7 years ago I seem to remember receiving the same nonsense from a Thames Credit and amazingly enough, the scrawlled signature (abdullan?) seems to be the same. Can someone please remind me of to whom complaints need to be registered? This is the first communication I have had from these fiends ever.

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Andie i love the reply will borrow that one. LOL

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Having slept on the matter I feel inclined to go straightto the OFT and Trading Standards since I have all the paperwork over the last 7 years and they have not once produced anything of value. I have challenged them to issue court proceedings and they backed off twice when using the banner 'Thames Credit'. Well the 'signature' appears to be from the same weezle.

 

I will commence with reference to my last letter 3 years ago which demanded they produce evidence under CPR rules as the same would be required in court.

 

What gets to me is how these t**ds are allowed to operate in this way and not be barred or something.

 

Just for the record, NO I do not have a conscience. I do however have a good memory and I well remember the threats and bullying and the 8 phone calls a day (until I had the phone removed) right after I had had surgery.

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  • 5 months later...

Hey guys!

 

Could somebody do me the honour of supplying a link to the Statute Barred letter template, I can't find it! :(

 

I have looked through here

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

but to no avail. Thanks.

 

Oh btw it IS for AK, thought they had left me for good, but no, like an annoying hemorrhoid they are BACK!!

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Letter 2 from here:

 

The Consumer Forums - Debt collectors

 

OR, scroll down a bit if you're in Scotland :)

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Just out of interest, could someone tell me what if a creditor supplies a copy of the CCA AFTER the deadline set out in the request letter, is it still enforceable?

 

Thanks again

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Yes. As long as it's compliant, of course ;)

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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  • 2 weeks later...

AK seem to specialise in buying debts which are or soon will be SB. They also seem to get caught out by the 5 year SB limit in Scotland. :D

 

I think that DOES mean they are a bit thick - but probably not as thick as Moorcroft. ;)

 

BD

£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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