Aktiv Kapital - Thames Credit - MBNA

[Wafty Cranker 2]

Hi, just received a request from Aktiv for an outstanding balance on an MBNA Credit Card. I defaulted on this card in about 1998!

I then started paying Thames Credit £50/ month. But they had added loads of interest on. The original amount was for £5-6k. I didn't like the way I was treated and spoken to and hounded by Thames credit.

When I moved house I changed banks and sent no further payments to Thames. I have moved several times and yesterday received a demand from Aktiv Kapital (I presume Thames bought debt from MBNA and then Thames sold it to Aktiv or Aktiv is Thames new name?????). They say they got the address from a public database. They want me to call them but I don't think this is the best move.

Aktiv say the outstanding balance is £9,623.58!!!!!

Can someone tell me if Statute Barred applies to date of default or date of last contact/payment?

Shall I ignore and see what happens?

If I get a further letter shall I request a copy of original CCA from them?

 

Spoke to my brother and he reckons MBNA got a bit slap happy with paperwork a few years ago and chances are they won't have kept or forwarded the CCA. He also recommended this site.

 

Not happy about being asked for over £9k for an original debt of £5-6k. Especially when they probably paid peanuts for the debt.

 

Any advice gratefully received. Cheers!

Edited June 25, 2010 by Wafty Cranker 2

[Guest Cartaphilus]

Sorry, gave wrong advice. So edited my own post.

Edited June 25, 2010 by Cartaphilus

[harrassed senior]

If there has been a period of 6 years (5 in Scotland) when no payments or acknowledgements have been made then the alleged debt will be SB.

 

The 'cause of action' for the 6 year rule is usually the Default Date, so if no payments are made since before that date, then the SB will apply.

 

I would first of all send the 'prove it' letter, as you would not just pay them 'because they say so'.

 

They will probably not have the correct paperwork, but that will let them know that you know your rights and are not going to 'roll over and pay'.

 

Dear Sir or Madam

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. AND in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

[Wafty Cranker 2]

Thanks for the reply Cartaphilus!

I seem to remember being sent default notice, but this was about 11/12 years ago. Made a payment as recently as 4 years ago.

They never said which database they got my address from......but I am not on the electoral role. Thanks.

[Wafty Cranker 2]

Thank you harrassed senior! I think I will send this letter if they contact me again. I can't play the 'Statute Barred' card unless I know for definite about the time scale. Cheers.

[unclebulgaria67]

The public database will be the Credit Reference Agencies. All financial services companies e.g. banks, Insurance companies and comparison sites will process data to them. As will mobile and utilities companies, so they will always find you, as soon as you register a new address with any of these.

 

In regard to AK, don't believe a word of anything they send to you. They purchased a relatives debt of about £800 an then suddenly, within 2 years AK were after about £3300. They seem to make it up. For whatever reason the debt was passed back to another DCA who missold the debt to AK and the debt was back to £800. The interest AK added was obviously just wishfull thinking on their part.

 

You are doing the right thing. Ignore them and then send the letter if necessary. If they continue to hassle you, challenge them to provide all information that they would need to progress this to court. Advise them that if they cannot produce this information, that they should stop all contact with you, as otherwise you will view such contacts as harassment, reporting them to the OFT and Trading Standards.

[Wafty Cranker 2]

Thank you Uncle. Very reassuring to hear your advice. Thanks everybody.

Any further advice/help greatly received. Best regards.

[babybear39]

AK are the parent company of TC

[Wafty Cranker 2]

ahh.....ok thanks BB. Does this mean I am in deep doo doo now Thames has told his Dad?

[babybear39]

Nah, they're real softies and easy to get rid of

[Wafty Cranker 2]

We will see BB, will keep you posted........but not doing anything until I get another letter.

[Sidewinder]

Just to add a personal anecdote regarding AK, I once had a long standing CCJ to Lombard Finance on which I was paying about £4 a month, then stopped paying as I thought I must have paid it off by then. Heard nothing for 2 or 3 years then got a letter from AK saying that they were now collecting and I owed them £150 or so. I disputed this and they basically asked me how much I thought I owed, and accepted it when I said it was no more than £20 - and I even paid that in two instalments.

 

That was long before I heard of CAG, but clearly they had paid pennies for the account and would take anything as long as it was money.

[Wafty Cranker 2]

Thanks Sidewinder. Will see if they are such a pushover with my case......I fear they may not be for £9.5k+ though How they arrive at that figure is beyond me

[babybear39]

Ask them for a statement of account which they have to provide FOC

[Wafty Cranker 2]

Thanks BB.... but I would rather go down the prove it, CCA request route as I fear simply asking for a statement of account would suggest I accept it's my A/C. If they turn up with the correct CCA and I have no leg to stand on then I will argue the amount. All the best!

[benboy]

Subbing and good luck, Brother

[ODC]

Write and tell them the alleged debt is Statute Barred. Its up to them to PROVE it isnt rather than you proving it is

[babybear39]

The CCA request includes a statement of account

[Wafty Cranker 2]

Write and tell them the alleged debt is Statute Barred. Its up to them to PROVE it isnt rather than you proving it is

 

Sure I have made a payment to Thames within the last 4 years never mind 6 so this would worry me.

[Wafty Cranker 2]

The CCA request includes a statement of account

 

This has to be the way to go (if they contact me again) because either the CCA will be non existent or not enforceable or at least I can see from the statement when I last made a payment.

[benboy]

Sure I have made a payment to Thames within the last 4 years never mind 6 so this would worry me.

 

Why worry? You are just testing them and no more harm done if you are proved wrong. If they can't prove it's not statute barred then great!

 

I'd hit them with both CCA request and statute barred.

 

PS. your last payment may not show on the statement they send.

[Wafty Cranker 2]

Just had another letter today offering a 35% discount on this account. I can now pay £6,263.57 within 14 days and they say they will clear the rest for me! How kind!!

[benboy]

Exactly! It's a shame some people take them up on the offer, especially when they say "partial settlement" or "short settlement". They have been known to sell the remaining debt on.

[Wafty Cranker 2]

Judging by the general consensus from people on here that have had MBNA C/Cards......most have not been sent enforceable CCA's. My alleged account was set up in circa. 1996.....so I would imagine I have a fair shout of not receiving one myself. Who the fcuk would want to work for MBNA or DCA? Must be sick

[Helios]

Any call centre these companies setup are paid commission to chase debts