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    • Not sure if the above issue is covered in this group but if so I am after some advice.   My Dad is in his late 90's and on his death leaves everything to my Mum, also in her 90's but housebound. It is our intention and the request of Mum that when Dad has passed that the property she is currently living in is sold, we sell our property as well and we purchase a property with an annexe and self contained toilet / shower facilities where Mum could live out her days with us. There is no way on this Earth that she would go into an old folks home and it's certainly not on our agenda. Our daughter is their registered carer who currently looks after them.   Mum's Will as it stands at present states that I inherit her estate on her death.  She is talking about transferring the property she  currently resides in to me so that I can handle the sale of both properties. As her Will currently stands, the property she is living in will have already been sold so the Will won't be applicable. Could she change her Will now to state that on Dad's passing her property passes to me or can she gift the property?   The simple thing would be for Dad to change his to state that the property transfers to me but he is currently suffering with dimentia. He hardly knows what day of the week it is and gets very confused and agitated.   Any advice would be grateful. Thanks
    • One very useful admission to obtain from them in a recorded call would be to get them to admit that they hadn't informed you in advance as to the cost of the car rental. So for instance – "I'm just calling to find out what the cost of the car rental is because when you first approached me, it wasn't explained. I'm just want to find out so I can start arranging to pay how much I owe you." Something like that. The point is somehow or other to get them to acknowledge that they hadn't told you the rate at the time. It's an implied term of any contract the services that where no price has been agreed – then a reasonable price will be implied. Clearly you are not being asked to pay a reasonable price
    • Just to add, if you can start recording your calls then telephone conversations might be very useful because you may well be able to steer the conversation into some useful admissions. For instance, you might be able to get them to refer to the earlier conversations and what was said in them. This kind of thing would be gold dust. I think you can see that you have been tricked by aggressive salespeople – and it's up to you to start becoming a bit aggressive and assertive – and tricky – yourself.
    • Also, SAR to everyone else. I've already asked you to do this on the other thread. Also, no more phone calls unless you have read our customer services guide and implemented the advice there. Follow the customer services guide link or else click on it as it passes through the running banner at the top of the forum page
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
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      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
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      Many thanks, stay safe and have a good Christmas!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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Aktiv Kapital debenhams card


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Hi

 

2 years ago my partner recieved several letters from Aktiv Kapital saying she owed them the sum of £1475.79, she telephoned them and asked what the debt was about as she didn't know anything about it. We were told it was for a Debenahms card which she has never had (her ex has)!

 

We asked them to provide proof that the debt was hers and a copy of the agreement to which they said they needed proof who she was before they could send this out! She sent a photocopy of her passport and we never heard anything else about it.

 

Today she has recieved a statment of her account from Aktiv Kapital for the last 12 months! Obviously we haven't paid anythin because we didnt know anything about it any help would be greatly appreciated. Thanks in advance.

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Don't send any proof to a DCA again - if they are contacting you they are supposed to have verified your identity before contacting you.

 

How long ago was the alleged debt taken out? If over 6 years it'll be statute barred and therefore they can do nothing with it. If they have not provideded a copy of the agreement and an enforceable one at that they can do nothing with it.

 

AK are the bottom feeders - they chase uneforceable debts on a regular basis

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Andie thanks for your quick response.

 

My partner has never made a payment on it because she never knew it existed till we got the Aktiv Kapital letters. They told her it was taken out in 2000!

Should i send them a letter?

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If they do hassle then send them the "prove it" letter from the template library.

 

That basically says they must prove the account to be hers. If they can't provide proof - and as its her exes I fail to see how they can - then they can go and whistle.

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These annual statements are sent out automatically for any and all debts on any dca's books now - regardless of the status of the debt. There is a legal requirement to send them hence they have incorporated the legal requirement into their ongoing phishing trips.

 

As said above, just ignore it.

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  • 2 weeks later...

Hi

 

I had posted a previous thread about my partner having various letters from AK the bold section is from the previous thread:

 

2 years ago my partner recieved several letters from Aktiv Kapital saying she owed them the sum of £1475.79, she telephoned them and asked what the debt was about as she didn't know anything about it. We were told it was for a Debenahms card which she has never had (her ex has)!

 

Over the last 2 weeks they have sent her a statement of the account and then a further letter asking for payment of the account. We sent the letter from this group saying to Aktiv Kapital to prove the debt was hers.

 

Aktiv Kapital have responded to this by sending her a copy of the agreement from 28/11/97 which is in her name and does look like her signature but she is adamant she never opened the account (thoughts are the ex did it and took another fem with him!). Obviously she cant prove she wasn't in the store on the date from 1997 will she now be liable to paying this debt?

 

Thanks in advance for any help.

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When was the last payment made on the account? Was it prior to 2003?

If so, the debt could well be statue barred.

 

I think Aktiv Krapital have bought up a lot of dubious debt recently as I've had a letter asking for the £7k+ I owe Barclays Bank.

Slight problem is that whilst I was a customer for 11 years, I have not banked with them in 14 years....as the account I opened was a Supersaver account I opened when I was 7 and closed on my 18th birthday. Can't see them giving me a loan / overdraft / credit card / an other type of credit on a junior savings account under the age of 18....can you?

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Lol somehow no Pete? My partner has never made any payment on this account she says she wouldn't know if payments were made by her ex. They had a joint account until 12/2001 then she has had her own account since then.

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