Aktiv Kapital Question

[Delta-Charlie-76]

Hi folks first a bit of background:

 

We CCA'd AK a while back they very kindly supplied what looked like an application form without any of the prescribed terms, wrote back saying the agreement is unenforcable & its an application form etc, the debt is for a M & S Credit card. We had a letter from AK on Saturday:

 

_______________________________________________________________

 

Dear.......

 

I refer to your recent correspondence dated .......October 2009.

 

The enforceability of the above account would be determined within the legal process if proceedings were issued.

 

We do not anticipate issuing preceedings at this time as we believe negotiated settlements of debt are always preferable to legal proceedings.

 

You have acknowledged the account with payments totalling £xx.xx recieved from October 2008 to September 2009.

 

We look forward to hearing from you.

 

Yours Sincerely

 

 

______________________________________________________________

 

My missus was happily paying them £1 a week, then over a period of several months they kept sending her letters about a reduced offer..if you know what I mean, in the end she came to me with it...so I CCA'd them waited 3 weeks then told her to stop any payments to AK, which she did. The question I have what exactly does this letter mean? I seems to me they are knackered..is that the case? Advise please!

[silverfox1961]

 

They do not anticipate proceedings at the moment because they would be stupid to do so without a VALID agreement.

 

Sounds to me like a running scared letter

[Huff&Puff]

It means that they know they can't go to court, because they don't have an agreement, but they would very much like you to pay them some money anyway Just ignore the muppets, they'll soon go away.

[cashins]

Hi folks first a bit of background:

 

We CCA'd AK a while back they very kindly supplied what looked like an application form without any of the prescribed terms, wrote back saying the agreement is unenforcable & its an application form etc, the debt is for a M & S Credit card. We had a letter from AK on Saturday:

 

_________________________ _________________________ _____________

 

Dear.......

 

I refer to your recent correspondence dated .......October 2009.

 

The enforceability of the above account would be determined within the legal process if proceedings were issued. Correct

 

We do not anticipate issuing preceedings at this time as we believe negotiated settlements of debt are always preferable to legal proceedings.

 

Errr..... we thought we would mention going to court to scare you but

we think we would lose

 

You have acknowledged the account with payments totalling £xx.xx recieved from October 2008 to September 2009.

 

completely irrelevant.

 

We look forward to hearing from you.

 

Yours Sincerely

 

 

_________________________ _________________________ ____________

 

My missus was happily paying them £1 a week, then over a period of several months they kept sending her letters about a reduced offer..if you know what I mean, in the end she came to me with it...so I CCA'd them waited 3 weeks then told her to stop any payments to AK, which she did. The question I have what exactly does this letter mean? I seems to me they are knackered..is that the case? Advise please!

 

Aktiv can be a bit trigger happy, I suspect that if they thought they could win, you would have a POC by now.

 

David

[Delta-Charlie-76]

Thanks to this site, I'm more aware of our rights & what DCA's can/can't do etc.

 

To the best of my knowledge no account was acknowledged, they just kept threatening my OH & she just said she would pay them £1 a week, I know she should ignore these idiots but is there a letter I can send to effectively rub salt in their wounds or to refute their claim that she acknowledged the account with payments etc?

[Delta-Charlie-76]

Thanks Cahsins, cross posts! Lol!

[Delta-Charlie-76]

Right, OH has had several letters saying they are now applying interest to the account, she had a letter today saying that she has been making payments (She hasn't) & that they need to discuss a repayment plan with her & to call them. To date no CCA has been recieved.

 

There is more chance of hell freezing over that my OH will call them, told her no CCA = No payment simple.

 

Is there any letter I can send regarding them charging interest on a disputed account?

[Pinky69]

I wouldn't bother writing anything to them - they will just ignore it. AK are so stupid that they have just made a loss - and their reaction to that? They buy a load of "non performing" debt. I would ignore them completely and file whatever they send.

[Delta-Charlie-76]

Cheers Pinky69.