Are Aktiv Kapital a bit thick or what?

[theywontwin]

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

[twofoot]

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.

[theywontwin]

Thanks twofoot. I thought they needed the CCA to chase. Oh well, let them carry on, it's SB anyway!

[PGH7447]

Are Aktiv Kapital a bit thick or what?

 

Do you really need to ask:D

[theywontwin]

No PG, not really

 

I was called a sadist on here once because I like stringing these companies along!

[babybear39]

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

[theywontwin]

**** 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

[theywontwin]

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

[babybear39]

Yes

[Blondmusic]

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.

[Huff&Puff]

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

[theywontwin]

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

 

A person after my own heart!!

[lickthewallfatboy]

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

[Stirling2005]

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.

[andie_303]

Just wait for the reply when you do tell them it is statute barred.

 

Mine told me whilst I did not have a LEGAL obligation to pay I did have a MORAL one.

 

I responded that if and when it gets the better of me I will get my conscience to give them a call!!!

[The GodMother]

Andie i love the reply will borrow that one. LOL

[dcakiller]

I am sure it was a threat jockey from A.k who asked me if I was proud I had got away with a debt (statute barred) when I replied "YES" they went nuts.

[Stirling2005]

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.

[andie_303]

Andie i love the reply will borrow that one. LOL

 

It was even funnier when he told me not to be facecious and hung up!

 

Couldn't ask for a better result from a one liner than that!!

[theywontwin]

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!!

[babybear39]

Letter 2 from here:

 

The Consumer Forums - Debt collectors

 

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

[theywontwin]

Thank you very much babybear39

[theywontwin]

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

[babybear39]

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

[Bigdebtor]

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.

 

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

 

BD