Aktiv Kapital!!!!

[smokinjoe2]

Hello all.

 

Thank you for taking the time to read this.

 

If this seems long winded please bear with me as this is my first time doing this..

 

Right here goes.

 

I recieved a debt collection letter from Aktiv Kapital in late November 2009 concerning an outstanding loan with Halifax which I had 6 yrs ago and to my knowledge was paid off when I sold my house.

 

I didn't acknowledge the debt and sent them a CCA request letter.

On the 18/12/09 I was sent this from them stating that this was my CCA. please see link:

Yfrog - scan0001zp

 

I then wrote back to them to dispute what they sent as it didnt constitute as a valid CCA as it was just a copy and a bad one at that of an application form also there were no prescribed terms etc and also since I had not heard anything about the loan from the OC about the alledged debt I put in my letter about statute barred...

 

Well today I recieved more correspondence from them which they state is the info I have asked for..Please see link:

Yfrog - scan0001at

 

 

Is what they have sent me today enforceable in court as on each of the "proofs" they have sent have 2 different addresses on it which make me think they have put it together themselves or is it just T&C'S as I have 8 other pages as on the link it says Conditions of use???

 

Please advise as im begining to lose patients with them..

 

Thank you in advance for your help.

 

Smokinjoe2

[PGH7447]

Hi and welcome, ok you state loan in the opening of your post but the agreement is for a credit card, so bit confused there.

 

also if you are sure you paid off this alledged debt and that it was over 6 years ago then I would not bother with the cca and just send this instead

 

The Consumer Forums - Debt collectors

 

template 2

[smokinjoe2]

Hi and welcome, ok you state loan in the opening of your post but the agreement is for a credit card, so bit confused there.

 

also if you are sure you paid off this alledged debt and that it was over 6 years ago then I would not bother with the cca and just send this instead

 

The Consumer Forums - Debt collectors

 

template 2

 

Hiya...Thanks for replying

Yeah my mistake about the loan/credit card...

 

That particular letter was sent to them when I was told about staute barred and how it works, however it was after I sent the CCA request letter.

 

Would that have made a difference???

[gyos]

6 years ago?

 

Was there a gap of over 6 years where you didn't acknowledge it or make a payment?

[gyos]

That particular letter was sent to them when I was told about staute barred and how it works, however it was after I sent the CCA request letter.

 

What was their response to the Statute Barred letter then?

[smokinjoe2]

well the last payment I made was in 2003 when I cleared my card and nothing since then, no letters from halifax or dca's untill i recieved the AK letter in late nov 09..

[smokinjoe2]

What was their response to the Statute Barred letter then?

 

 

No response recieved just this letter I had this morning..

[gyos]

No response recieved just this letter I had this morning..

 

So they are responding with a load of rubbish to the CCA request, but are pretending the statute barred issue doesn't exist?

[smokinjoe2]

Actually, thinking about it it'll be nearly 7 yrs not 6

[smokinjoe2]

So they are responding with a load of rubbish to the CCA request, but are pretending the statute barred issue doesn't exist?

 

 

I would presume so..your'll have to forgive me as I not as clued up as most on here..should I send the statue barred letter again?

Cause they say there giving me 14 days to agree a payment plan or they will pass it back to the collections dept..

[gyos]

Letter to DCA persistant after statute barred.

[PGH7447]

No if you have already sent it then just ignore the rest of the crap they come up with, do not get into the tennis letter game with them, just send a nice letter like this:

 

Dear fool

 

This debt is until proven otherwise Statute barred, sending out application forms or other such items proves nothing, until you can provide me with proof that a debt actually exists then I see no further reason to repsond to any attempts you may wish to make to get in touch with me.

 

I now require by return your official complaints procedure and I will be reporting your attempts to collect on a statute barred debt (if a debt actually exists) to the relevant regualtory bodies.

 

I trust this explains my position.

 

your etc etc

[lickthewallfatboy]

yep

 

you've done your bit

 

let 'em stew in it

[smokinjoe2]

No if you have already sent it then just ignore the rest of the crap they come up with, do not get into the tennis letter game with them, just send a nice letter like this:

 

Dear fool

 

This debt is until proven otherwise Statute barred, sending out application forms or other such items proves nothing, until you can provide me with proof that a debt actually exists then I see no further reason to repsond to any attempts you may wish to make to get in touch with me.

 

I now require by return your official complaints procedure and I will be reporting your attempts to collect on a statute barred debt (if a debt actually exists) to the relevant regualtory bodies.

 

I trust this explains my position.

 

your etc etc

 

 

I like it mate I like it..

[smokinjoe2]

Right, thats been printed out, I still doubt that this will be the last I hear from them tho

[PGH7447]

probably not, but the next letter should either be a we are looking into it or we have passed it back to the oc and are closing our files

[smokinjoe2]

probably not, but the next letter should either be a we are looking into it or we have passed it back to the oc and are closing our files

 

 

Ok fair enough....

I dont mean to sound like the glass is half empty sort of person but if by any chance I dont recieve any letter like that or they ignore it like they have done, should I just dismiss any other correspondence they send?

[PGH7447]

yep just files under garbage

[smokinjoe2]

excellent...thank u all so much for your help..ill keep u posted as to what heppens next... take care for now

[Huff&Puff]

If they do persist in chasing you, then report them to Trading Standards and the OFT. That quite often shuts them up for good.

[smokinjoe2]

Hello all...

 

With reference to the Statute barred letter I sent AK, they sent me one back today saying the original defualt was registered on the 19th April 2004 with the original creditor.

 

Aso they have sent me a MATTER HISTORY PRINT in terms of interest and payment..

 

What really, really concerns me is that they are stating that a payment was made on the 8th Feb 2007 via a CHEQUE FROM A THIRD.What does cheque from a third mean?? also at that time I had no job and was living in my car and only had a care of address and to top it of no cheque book..

 

Secondly, in early 2006 I have apparantly paid £25 via direct debt which I have no recolection of ever setting up a DD..

 

What should I do now with this as it doesnt add up because I no the last physical payment I made was back in 2003...

 

Any Advice??

[PGH7447]

it is alledged that phantom payments are made by phantom payees to keep th clock ticking

 

so write back and state that these 2 payments do not mean anything as you dispute ever making them and require proof of who made them, the amount of each payment and when and where they were made, also for the dd from which bank

[smokinjoe2]

it is alledged that phantom payments are made by phantom payees to keep th clock ticking

 

so write back and state that these 2 payments do not mean anything as you dispute ever making them and require proof of who made them, the amount of each payment and when and where they were made, also for the dd from which bank

 

 

So is it common practise for DCA'S to use " Phantom Payments"??

[F_DCAs]

With the way AK have been performing lately, phantom payments are the only kind of payments they get!

[Huff&Puff]

Report them to Trading Standards and the OFT forthwith. What they are doing is attempted fraud, and they need to be shut down