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Morgan and Stanley/Barclaycard


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I am trying to understand who owns the debt on this account.

It is my partners account and I am trying to find out whether the account is enforceable and reclaim charges and interest.

 

I got a bit confused and sent a SAR to Aktiv Kapital, as I wanted all the information they had on him and a copy of the CCA, which it stipulated in the letter template I used. I was quite surprised at how quickly they responded to the SAR and very disappointed at what they sent. The SAR included -

 

1) Copy of account details

2) List of abbreviations

3) Transcript of all details held on computer system

4) Copies of all letters sent regarding the account

5) Copy of payment history

 

NO CCA - so I will give them one more chance by sending a specific CCA request and if they fail to comply I will send an account in dispute letter.

 

What I really need to know is whether they own this debt? I am not sure if this copy letter they included (1st letter sent to him)is a notice of assignment, and if it is, does this mean they own the debt.

 

Scanner not working so I am typing it out -

LETTER DATED - 14/3/06 FROM THAMES CREDIT

 

********************************************************

 

We write to advise you that Aktiv Kapital Asset Investment Limited has bought the interest of Morgan Stanley Bank International Limited in the debt that you owe them under the above agreement.

 

We are acting as collection agent on behalf of Aktiv Kapital Asset Investment Limited which is now the legal owner of the outstanding balance on your account.

 

Our records show the total balance outstanding, inclusive of all accrued interest, amounts to £*****.

 

You should not send any further payments to Morgan Stanley Bank International Limited and, if you have direct debit or standing order arrangement in favor of Morgan Stanley Bank Limited that should be canceled.

 

Any future payments should be sent to this company at the address shown. Cheques must be made payable to Thames Credit Limited. If ,for any reason, you are unable to pay the full balance immediately you should contact us as soon as possible to discuss payments. Failure to do so may result in further action being taken against you.

 

Further, please take this letter as notification that interest in being accrued on the outstanding amount at rate of 8% per annum.

 

**********************************************************

 

Is this a notice of assignment? If so do they officially own the debt. If I want to reclaim interest and charges do I need to SAR Morgan and Stanley?

All help appreciated as always!

PPI REFUNDS

HALIFAX - Loan PPI full refunded + 8%

HALIFAX - Credit Card PPI full refund + 8%

EGG - WON!

MARBLES/HFC - N1 Submitted

MORGAN & STANLEY - [/WON!]

 

CREDIT CARD CHARGES REFUNDS

 

HALIFAX - Credit Card Charges full refund + 8%

MARBLES/HFC - N1 Submitted

EGG -WON!

BARCLAYCARD - WON!

BARCLAYCARD 2 -WON!

MORGAN & STANLEY - Full refund + CI

 

CAG has been amazing and a real God send! Thank you so much to all the people who help to make this the place it is and dedicate their time to help people like me! Please donate to help keep this site alive! It's Priceless!!!!!

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The SAR should have gone to Morgan Stanley. Aktiv Capital investment ltd own the debt now and Aktiv capital is their debt collections arm I believe. This is the NOA.

CCA request should go to Aktiv capital

  • Haha 1

I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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AK have bought the debt but MS retain the paperwork - sending an SAR to a DCA is a waste of time. Aktiv Kapital buy rubbish so scan whatever you get from them and post it on here, covering over your personal details, and we will have a look at it for enforceability.

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The famous Pinky69! Read to many of your thread/posts - think you are amazing. You have balls of steel an have encouraged me loads - Thank you for your post!

K

PPI REFUNDS

HALIFAX - Loan PPI full refunded + 8%

HALIFAX - Credit Card PPI full refund + 8%

EGG - WON!

MARBLES/HFC - N1 Submitted

MORGAN & STANLEY - [/WON!]

 

CREDIT CARD CHARGES REFUNDS

 

HALIFAX - Credit Card Charges full refund + 8%

MARBLES/HFC - N1 Submitted

EGG -WON!

BARCLAYCARD - WON!

BARCLAYCARD 2 -WON!

MORGAN & STANLEY - Full refund + CI

 

CAG has been amazing and a real God send! Thank you so much to all the people who help to make this the place it is and dedicate their time to help people like me! Please donate to help keep this site alive! It's Priceless!!!!!

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saying that though are aktiv kapital collecting on behalf of or do they indeed own the debt

 

absolute or equitable assignment?? just a thought

 

i must agree aktiv are very close to the bottom of the food chain, might the account be statute barred

when was the last payment made

 

 

Further, please take this letter as notification that interest in being accrued on the outstanding amount at rate of 8% per annum.

 

what interest rate were you paying before to mbna

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posggi - I am new to all the lingo can you expalin what absolute or equitable assignment means?

I am SARing Morgan and Stanley, this is my partners old debt and I am not sure what the interest rate was!

We have been making min payments for past couple of years!

PPI REFUNDS

HALIFAX - Loan PPI full refunded + 8%

HALIFAX - Credit Card PPI full refund + 8%

EGG - WON!

MARBLES/HFC - N1 Submitted

MORGAN & STANLEY - [/WON!]

 

CREDIT CARD CHARGES REFUNDS

 

HALIFAX - Credit Card Charges full refund + 8%

MARBLES/HFC - N1 Submitted

EGG -WON!

BARCLAYCARD - WON!

BARCLAYCARD 2 -WON!

MORGAN & STANLEY - Full refund + CI

 

CAG has been amazing and a real God send! Thank you so much to all the people who help to make this the place it is and dedicate their time to help people like me! Please donate to help keep this site alive! It's Priceless!!!!!

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no probs on the lingo, took me a while to get to know it

 

ABSOLUTE ASSIGNMENT -----THE DCA OWNS THE DEBT OUT RIGHT

 

EQUITABLE______ THE DCA OWNS THE DEBT BUT CAN RETURN THE

ACCOUNT BACK TO THE ORIGINAL CREDITOR IF

THEY FAIL TO COLLECT ON IT

 

LET ME KNOW WHEN YOU FIND OUT WHAT THE APR WAS

 

DO YOU HAVE THE TERMS AND CONDITIONS, IF NOT, IT WILL BE IN YOUR SAR

 

INTERESTED AS MORGAN STANLEY, VERY MUCH DOUBT THIS ACCOUINT SALE TO A THIRD PARTY WOULD BE ON THE ORIGINAL AGREEMENT

 

I SEEM TO REMEMBER BARCLAYCARD BOUGHT OUT MORGAN STANLEY SO THE CHANCE OF THEM HAVING A CREDIT AGREEMENT WOULD BE NILL:D:D

 

 

WHILE WAITING FOR THE SAR, I BELIEVE IT NEEDS TO BE SENT TO BARCLAYCARD BUT WAIT FOR CONFIRMATION, SEND A CCA REQUEST FIRST AND SEE IF THEY HAVE AN AGREEMENT, YOU WILL HAVE CONFIRMATION IN 2 WEEKS RATHER THAN 40 DAYS WITH A SAR

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Great Stuff postggi - and very informative!

How will I find out what the status of the ownership of the account is ie - absolute or equitable assignment??

The only thing I have is the above NOA.

So what you are suggesting is that I CCA Morgan and Stanley before I SAR them? To see if it will be referred to Barclaycard?

As for the interest rate I will have to wait for the SAR from M&S as Aktiv Kapital only sent then bumph I mentioned above. Is it SAR and CCAing them at the same time (M&S)

Really appreciate your help.

PPI REFUNDS

HALIFAX - Loan PPI full refunded + 8%

HALIFAX - Credit Card PPI full refund + 8%

EGG - WON!

MARBLES/HFC - N1 Submitted

MORGAN & STANLEY - [/WON!]

 

CREDIT CARD CHARGES REFUNDS

 

HALIFAX - Credit Card Charges full refund + 8%

MARBLES/HFC - N1 Submitted

EGG -WON!

BARCLAYCARD - WON!

BARCLAYCARD 2 -WON!

MORGAN & STANLEY - Full refund + CI

 

CAG has been amazing and a real God send! Thank you so much to all the people who help to make this the place it is and dedicate their time to help people like me! Please donate to help keep this site alive! It's Priceless!!!!!

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I SEEM TO REMEMBER BARCLAYCARD BOUGHT OUT MORGAN STANLEY SO THE CHANCE OF THEM HAVING A CREDIT AGREEMENT WOULD BE NILL:grin::grin:

 

 

Seem to remember from other threads they do send out interesting 'Blue Peter' reconstructions though - if you get one, be suspicious.

 

David

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I have been paying Aktiv Kapital 10permonth fr a couple of years, it was defaulted in 2004.

PPI REFUNDS

HALIFAX - Loan PPI full refunded + 8%

HALIFAX - Credit Card PPI full refund + 8%

EGG - WON!

MARBLES/HFC - N1 Submitted

MORGAN & STANLEY - [/WON!]

 

CREDIT CARD CHARGES REFUNDS

 

HALIFAX - Credit Card Charges full refund + 8%

MARBLES/HFC - N1 Submitted

EGG -WON!

BARCLAYCARD - WON!

BARCLAYCARD 2 -WON!

MORGAN & STANLEY - Full refund + CI

 

CAG has been amazing and a real God send! Thank you so much to all the people who help to make this the place it is and dedicate their time to help people like me! Please donate to help keep this site alive! It's Priceless!!!!!

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I know hardupnotfedup, Just replying to questions.

PPI REFUNDS

HALIFAX - Loan PPI full refunded + 8%

HALIFAX - Credit Card PPI full refund + 8%

EGG - WON!

MARBLES/HFC - N1 Submitted

MORGAN & STANLEY - [/WON!]

 

CREDIT CARD CHARGES REFUNDS

 

HALIFAX - Credit Card Charges full refund + 8%

MARBLES/HFC - N1 Submitted

EGG -WON!

BARCLAYCARD - WON!

BARCLAYCARD 2 -WON!

MORGAN & STANLEY - Full refund + CI

 

CAG has been amazing and a real God send! Thank you so much to all the people who help to make this the place it is and dedicate their time to help people like me! Please donate to help keep this site alive! It's Priceless!!!!!

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  • 2 weeks later...

Can someone please help before I pull my hair out?

I am trying to find the correct address for Morgan and Stanley as they have now been taken over by Barclaycard -

Please help!

PPI REFUNDS

HALIFAX - Loan PPI full refunded + 8%

HALIFAX - Credit Card PPI full refund + 8%

EGG - WON!

MARBLES/HFC - N1 Submitted

MORGAN & STANLEY - [/WON!]

 

CREDIT CARD CHARGES REFUNDS

 

HALIFAX - Credit Card Charges full refund + 8%

MARBLES/HFC - N1 Submitted

EGG -WON!

BARCLAYCARD - WON!

BARCLAYCARD 2 -WON!

MORGAN & STANLEY - Full refund + CI

 

CAG has been amazing and a real God send! Thank you so much to all the people who help to make this the place it is and dedicate their time to help people like me! Please donate to help keep this site alive! It's Priceless!!!!!

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write to bc

 

ad is at the top of of the bc forum in the stickys

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Sent SAR to DCA Aktiv Kapital for an old Morgan and Stanley CC - within a week they replied with no CCA included.

Sent CCA request and received this letter today!

 

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 for this matter.

 

In order to obtain this, we did contact he original creditor in an effort to resolve this matter.

 

Do I need to do anything else with this account? Is that it now? The default is due to expire its 6 years in a couple of months.

Shall I just leave it and hope we never hear anything again?

 

Kx

Unfortunately,in this case, the original creditor has been unable to provide us with the information that you have requested, and as such we now inform you that we will cease all further collections activity in regards to this matter, whilst not in possession of such documents.

PPI REFUNDS

HALIFAX - Loan PPI full refunded + 8%

HALIFAX - Credit Card PPI full refund + 8%

EGG - WON!

MARBLES/HFC - N1 Submitted

MORGAN & STANLEY - [/WON!]

 

CREDIT CARD CHARGES REFUNDS

 

HALIFAX - Credit Card Charges full refund + 8%

MARBLES/HFC - N1 Submitted

EGG -WON!

BARCLAYCARD - WON!

BARCLAYCARD 2 -WON!

MORGAN & STANLEY - Full refund + CI

 

CAG has been amazing and a real God send! Thank you so much to all the people who help to make this the place it is and dedicate their time to help people like me! Please donate to help keep this site alive! It's Priceless!!!!!

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std fob off letter

means nowt

if they fail the 12+2 timelimit gameover.

 

can i just point something useful to everyone inc yourself out..........

 

its not too useful to keep starting a new thread everytime a question to do with a debt thread you already have running.

 

once you start a thread on 'a' debt, keep to that one thread for that debt with everything.

 

then everyone know what has / has no been advised/said.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Morning dx - I will try and ensure I keep to my original thread - apologies!

So if they don't reply within the time frame then what do I do??

Thanks for your help as always - Hope your well.

Kx

PPI REFUNDS

HALIFAX - Loan PPI full refunded + 8%

HALIFAX - Credit Card PPI full refund + 8%

EGG - WON!

MARBLES/HFC - N1 Submitted

MORGAN & STANLEY - [/WON!]

 

CREDIT CARD CHARGES REFUNDS

 

HALIFAX - Credit Card Charges full refund + 8%

MARBLES/HFC - N1 Submitted

EGG -WON!

BARCLAYCARD - WON!

BARCLAYCARD 2 -WON!

MORGAN & STANLEY - Full refund + CI

 

CAG has been amazing and a real God send! Thank you so much to all the people who help to make this the place it is and dedicate their time to help people like me! Please donate to help keep this site alive! It's Priceless!!!!!

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gameover

 

,,,,,,,,,,,,,,,,,,,,,,

 

 

stop payments if you are paying and fire off account in dispute/failure to comply with cca request letter

 

if you are not paying

 

ignore

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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