Halifax to Thames Credit to Aktiv Kapital - help wanted!

[twinkle1977]

Hi all

 

My partner had a loan back in 1999.

 

He last made payment to Halifax back in 2002 but then lost his job and it was passed to Thames Credit. At this stage it was at £10,000

 

For years he paid monthly to Thames Credit.

 

In 2004, the balance was at £10,000

This went steadily up regardless of payments being made.

 

We CCA'd Thames Credit in September 2008. We got the usual "we are waiting for a copy of the CCA" letter through from Thames.

 

Last payment to Halifax in 2002.

 

Nov 2009 - we received from Aktiv Kapital the following:

1) completed 1 page document PERSONAL LOAN APPLICATION FORM

**where it is signed by my partner in the box that says "YES, I would like to take advantage of the peace of mind offered by Personal Loan Repayments Insurance in the event that I am unable to work due to involuntary unemployment, accident or sickness"

 

2) one page Personal Loan Agreement page showing Financial information of the loan. This Credit Agreement Regulated by the Consumer Credit Act 1974 States the following financial information:

 

Cash Loan £9,900

Total Charge for Credit for Cash Loan £3,665.40

Total amount you pay for cash loan £13,565.40

Insurance Loan (cash price of insurance) £2,007.93

Total Charge for credit for insurance loan £743.67

Total amount you pay for insurance loan £2,751.60

You have to pay the total loan and interst by 60 monthly payments of £271.95

 

Annual Percentage Rate 13.900%

Monthly Interest Rate 1.097%

Total Loan £11,907.93

Total Charge for Credit for total loan £4,409.07

Total amount you pay £16,317.00

 

This page has been signed by my partner.

 

So, to summarise, the balance at 2002 ws £10,000. Since then regular payments were made to Thames Credit where the debt never decreased, instead grew in value and today, the letter from Halifax received states:

 

Outstanding Balance £19,070.44

 

First question - the CCA received - a one page document showing the above text in italics, with no terms and conditions attached - does it sound enforceable.

 

Second question - the amount of loan - even if he started to pay it again, I'd be against it - whats the point - the loans gone up by £7,000 whilst payments were being made!

 

Third question - last payment was made to Halifax in 2002, does it make the debt statue barred as he has not made payments to Halifax. Or do the payments to Thames Credit count?

 

Any help, any letter that I should send on his behalf would be gratefully appreciated. Sorry, I can't scan the letters in at the moment

 

Thanks

Twinks

Edited January 31, 2010 by twinkle1977
forgot my italics

[twinkle1977]

Title should say:

 

Halifax to Thames Credit to Aktiv Kapital...

 

Any help appreciated x

[IdaInFife]

1. we really need to have a look at it. do you have a scanner of camera phone that you can use and then upload them to here using photobucket?

 

2. certainly maybe time to send a sar to see what has been added to increase it - i think you would need to send 2 one to halifax and another to thames

 

3. no, the payments to thames count.

 

 

have you received a default notice and or termination notice?

[loopinlouie]

Thames credit and activ kapital are one and the same company/group

.

Edited January 31, 2010 by loopinlouie
misread and thought statute barred sorry

[Little Mermaid]

Hi

 

You say the letter from the Halifax states outstanding balance £19070.44. Are they still sending you letters?

[twinkle1977]

Sorry - the letter is not from Halifax - it's from Aktiv Kapital.....

 

Will scan in tomorrow....... sounds like it's Thames upping the interest again as far as I can tell......

 

Hopefully the agreement is not enforceable anyway....

 

Thanks for your help so far...

[Little Mermaid]

You will need to find out if AK have the right to enforce the agreement if it is in fact enforcable. Did you ever get anything from them to prove that they owned the debt or were assigned it.

[twinkle1977]

not that i'm aware, i've only been with my partner for 7 years, so what happened before is a bit beyond me. Would that be sorted out from sending a SAR to Aktiv Capital/Thames Credit?

 

I will scan the docs up tomorrow Thank you!

[twinkle1977]

Hi again

 

As promised - "CCA" and subsequent demand letter for £19k

 

What shall I do next?

 

Any responses gratefully received - Thanks!!

Thames.pdf

[Little Mermaid]

Hi

 

Im not very experienced with enforceability of CCAs hopefully someone will come along with more knowledge and have a look.

 

I think you should SAR the Halifax to see if they assigned all rights and privileges to thames/AK. If they had then Thames/AK would have the right to take you to court but if not the Halifax would need to take you to court which I think they would have done by now.

[twinkle1977]

It's the fact that payments have been made for 10 years and the value is at 19,000 whereas when the account was defaulted it was at £10,000.

 

Also - I'm not sure if its enforceable - the CCA paperwork they sent, I don't think its complete (but happy for anyone to respond)

[twinkle1977]

Hi everyone. Just come home from work and my partners received another letter from Aktiv.

 

At the time that Thames were looking for the CCA (2008 - 2009), Aktiv capital have sent through a statement of account where it shows that in this period, they added £6,251.00 to the account.

 

Is this not illegal?

 

Please help

[Bazooka Boo]

If it is interest and charges that AK have added themselves then NO you DO NOT have to pay the charges, IF however they are only acting on behalf of their clients, Halifax, and it is Halifax who have been adding the interest and charges then, IMO this will be in the small print that was signed for at the time of getting the loan, ie, Halifax will have stated in the T&C's that they are allowed to add X amount of Interest, and charge X amount for arrears, failed payments, late payments etc.

 

So this begs the question whether AK are acting on behalf of Halifax, or under the Law of Property act have indeed bought ALL rights to this debt.

 

Looking at the first sheet of paper it states ORIGINAL COMPANY, so have you ever received a Notice of Assignment?

Who has been issuing you with the 'Statements of Account'? AK or Halifax?

 

Who informed you that AK were now in charge of seeking payments?

Have you spoken with Halifax and asked them?

 

IMO I would now take some time to look through all of my paperwork and file it correctly in order, then SAR Halifax, costs £10 send recorded delivery.

In amongst all of the deforestation they should send you, 'Should' be a Notice of Assignment, which would state who they have flogged the account to, if they have flogged it at all that is.

 

If they have flogged it on, then you should have been receiving, annually, a Statement of Account, showing you payments made, and the outstanding balance remaining, this again would have given you a clear indicator that they were adding on charges, if the debt has not been sold, then AK are up a creek without a paddle, you need to work out how much has been paid over the years, if it clears the initial balance, then AK have some questions to answer, and I would be looking at them answering them in front of a judge.

[twinkle1977]

Hi

 

Thanks for your response.

 

Aktiv Kapital have only just arrived on the scene. For many years, it was with Thames Credit and my partner paid them monthly.

 

However, with some success myself, I suggested a CCA to Thames and the account was in dispute for over a year.

 

Now, Aktiv Kapital sent the CCA docs provided further up this posting (but with no terms and conditions). This was November 2009.

 

Throughout all of 2008, the account was in dispute.

 

Aktiv Kapital are now stating that they will send a statement of account every year, but also show a £6,251.11 interest for the period of 2008 - 2009. Interesting - I thought they were not allowed to add on charges when an account is in dispute?

 

Anyway, to summarise - we've only just started to hear from Aktiv Kapital, before it was Thames Credit since 2003/4 time.

 

I will send Halifax a SAR letter on my partners behalf but (sorry to harp on) what about the lack of terms and conditions in the CCA paperwork they sent. Does it comply with the CCA terms?

 

Anything else I should do - all the questions you put to me above, are a big resounding no. never had a notice of assignment, never had yearly statements, balance of account changes with each posting we receive, Aktiv Kapital have told us nothing, just asked us for nearly £20,000.......

[Bazooka Boo]

Well for starters the interest they are saying they will add to the account is totally unlawful, I will eat this keyboard if any Judge in this country would allow this.

 

I personally, would revert back to square one with AK, and send them the No acknowledgement letter, as Thames Credit nor Halifax ever informed you who was collecting.

 

In fact first off, it would have been Halifax' own in house DCA, Blair Oliver & Scott (BOS) then I would have though this would have been flogged to Thames Credit, who funnily enough I have just found out IS Aktive Cr@pital!!!!!!

About Thames Credit Limited - Thames Credit Limited (UK)

 

Thats complaint one to the OFT, for misleading debtors as to who they.

 

So it has been with Aktiv Cr@p ever since Halifax flogged it on, so I would now ask Aktiv for the last X amount of years worth of SOA', and reduce the payments down to £1 a month, that normally focuses their attention.

 

If you have been paying Cr@ptial for this long then you can safely SAR them to find out exactly how much you have paid them and how much they have unlawfully added on top of the original balance, IF, as I suspect you have cleared the original balance outstanding of 10k or whatever it was, then IMHO I would stop paying them and tell them that if they want the rest of the money they have added to the account in charges alon, then they MUST take you to court for it.

[twinkle1977]

Thank you so much.

So still SAR Halifax?

No acknowledgement to Aktiv Kapital

right?

[twinkle1977]

Does anyone have the 'no acknowledgement' letter please?

[Bazooka Boo]

I'm going to re-write all of that, that was confusing me!!

 

Ok so we have found that Aktiv Cr@pital and Thames Credit are the same company, if it is Thames Credit you have been paying for all these years then I believe it is them you should SAR.

 

Forget Halifax as I think they are long gone and have flogged it to these reprobates.

 

Have you got all your statements showing when you paid them, and how much etc? Can you get your bank to provide this for you?

I appreciate that it is over a very long period, but I am thinking that as you know the initial default sum owed, you have been paying X amount each month for X amount of years, therefore, it is perfectly feasible that you have cleared the original debt.

 

If so and you have the evidence to back this up, then these cowboys can go whistle Dixie for their unlawful charges, I am still of the opinion that as you have never entered into a contract with these, you have never agreed to any of their unlawful charges, and they will find it extremely hard for any court or Judge to enforce their charges on you.