Halibutt loan - Aktiv Kapital/Thames Credit

[Halibutt]

I've been paying off a loan that was bought by Aktiv Kapital.

 

I've never defaulted, always paid on time. I had every intention of paying off this debt in its entirety and am now getting very close to doing so, even though I'm on benefits.

 

However, in the last four days, we have started getting phone calls from AK and now Thames Credit (an AK subsiduary). They've phoned eight times a day on average. On Wednesday it was eleven times...

 

I've ignored all the calls, not picked up the phone (the answerphone thing says if you call this number back, you may be charged).

 

I know it's both AK and Thames Credit as I've looked both numbers up on the "whocallsme" site.

 

I'm furious that AK should now be phoning me under the guise of Thames Credit, especially as I have kept an impeccable repayment record.

 

Now, should I just be bloody minded and CCA them for a debt that's over ten years old - reason being because they're acting unreasonably? Or do I just meekly lie down and carry on paying?

 

As I've stated in previous posts, I'm willing to pay what I owe, but when people start using bullying or underhand tactics, it gets me riled.

 

I'm sure they wouldn't be able to produce a valid CCA and I've paid 3/4 of the debt that they bought at 10% anyway. They wouldn't lose anything...

 

Would I be an idiot for requesting a CCA at this stage or am I an idiot for not requesting one earlier?

[Deb T]

There is no harm in requesting a CCA but I don't agree that you're lieing down meekly by continuing making payments and by continuing unabated and without actually talking to them on the phone simply gives you the upper hand.

 

It's difficult to ignore persisten calls, you could send them the harrassment letter and quote the breaches of the OFT guidelines on collection activies re phone calls.

 

Try not to let them get you down, they'd like nothing more than for you to phone them up and talk turkey with them.

[Halibutt]

Thanks DebT. I sort of have an urge to phone them and talk them into the ground now. I know everyone here recommends no phone contact (me included) but I'm tempted to do a "Fuzzybobble" on them.

 

I'm just annoyed that when I've been paying as requested, I'm still getting hassled. They probably want me to increase my payments. Currently £15 a month when I should be paying £1 on Jobseekers' Allowance!

[Deb T]

If you're on JSA you certainly should not be paying £15pm thats for sure.

 

I would not phone them under any circumstance simply because that is what they want you to do, they call you all the time in the hope that you answer them.

 

Revenge is a dish best served cold remember, cca them, ask them difficult questions, report their stupidity re the phone calls etc etc etc.

 

That is what I would do anyway.

[Hardupnotfedup]

Yes I agree CCA them. It is these cretins greed that will always be their downfall.

[Halibutt]

I've calmed down a but now. Thanks for the advice both of you. A CCA will be on its way.

[harrassed senior]

I agree. You have played nicely, but their greed is probably going to be their downfall.

 

You say you have paid three quarters of the amount owing, has any thing been added to the initial sum?

 

I think too, that you should include the telephone harrassment letter in with the CCA for good measure.

 

As has been said you have done extremely well to maintain your payments at a level that must have been difficult and for them to now start putting on the pressure is not acceptable.

 

Good Luck.

[Halibutt]

Thanks Harrassed Senior. I managed to get the interest stopped before I found CAG, which was a good move. My stipulation to them was that I'd pay the monthly installments as long as interest was frozen and not re-instated at a later date.

 

This is an instance where a DCA has harassed someone with no good reason - no default, continuous payments and nearing the end of the whole sorry affair. It just annoyed me so much that they suddenly decided to be stupid. I'd have had the whole lot paid off in 9 months if they'd been more considerate!

[harrassed senior]

I think that the DCAs as an industry are beginning to panic as they see their incomes falling away and perhaps their thinking is that you may be a good 'catch' for one of their 'amazing' discount settlement offers!! - anything to bring in enough cash to pay next months' bills;)

[Halibutt]

I've already had a few "discount vouchers" and "loyalty scheme" offers in the post. They do seem a bit desperate LOL

[Halibutt]

This DCA has been told on the phone - firmly but politely - that any future contact should be in writing only...

 

I've drafted a letter, using the site template, the letter will be sent on Monday by Recorded Delivery.

 

They were, however, informed "In writing only" at around 3.15pm. The latest call was 5.15pm.

 

I've said in my letter that if the harassment continues, then I'll report to OFT, Trading Standards, Local Police, etc.

 

I know that Aktiv Kapital use an automatic dialler though - how long do I need to give them to remove our number before launching into a full-scale official complaint?

 

Account with them has all payments up-to-date and none missed, though a CCA will be on its way as they are asking £20 per month from someone they know is on JSA and refuse to negotiate...

 

Thanks for any comments/suggestions.

[unclebulgaria67]

They should be able to remove today I would have thought. If you get more calls tomorrow, I would make a further complaint.

[Halibutt]

Thanks Uncle. Noting down all dates/times of calls. A friend in our local constabulary says that at his station, they do actually treat cases like this (especially with vulnerable people involved) as fairly high priority.

 

I would have thought they could remove details on request by computer. Silly I know, but I'll give them the benefit of the doubt for 24 hours. If they don't comply, then I will complain officially - I'm not one to simply roll over...

[dadofholly]

Send them the telephone harrasment letter by e-mail - it's quicker and you have free proof of posting.

 

Aktiv deal in a lot of debts that are statute barred - what debt are they chasing you for and when is it from?

Edited October 28, 2010 by dadofholly

[Halibutt]

Thanks dadofholly. I prefer a paper trail as I'm a bit old fashioned and don't posess a printer for emails anyway.

 

The debt is from a loan, now a few years old, but my payments are up to date (I'm good about that, as long as the DCAs don't take the p*ss) so there's no question of SB.

[dadofholly]

No probs

 

get the letter off to them as soon as then.

 

Good luck.

[Bazooka Boo]

I'm glad to hear that you are thinking or reporting them to your local Police for this, I fail to see why companies are allowed to break the law and get away with it, I would also recommend reporting them to Ofcom also, whether they stop the calls or not.

[Halibutt]

Thanks guys. Another call at 8.20pm

 

A letter will go in the post - I'll report back as to the result!

[Halibutt]

Dear All,

 

Telephone harassment letter went off, CCA request was sent on Tuesday.

 

This is what came back today:

 

 

I will still make a complaint about the harassment. Do I need any kind of follow up on this letter? Anything about Credit Report or guarantee of closure of account? I realise they say they won't continue chasing "whilst not in possession of such documents" but as the account is more than ten years old and the original creditor went bust, there's no realistic way they'll ever get the original CCA (I don't actually think there was an enforceable one in any case). Should I write further, or just keep my big gob shut?

 

Thanks for all your help.

 

H. x

Edited November 5, 2010 by Halibutt

[Revenant]

Hi Halibutt

 

Keep that letter very safe and ready for future use

 

As for Aktiv they've bailed out as they've no where else to go with this

 

Sit tight and enjoy the peace and quiet at least for now, as we all know someone else is bound to try and jump on the band wagon but that letter puts this matter well and truly in dispute

 

R

[Halibutt]

Thanks Revenant. I thought that was the case. I'm sure there's no way that anyone would be able to come up with a CCA. I'll keep it safe - I won't even frame it in case it fades!

[Revenant]

Thanks Revenant. I thought that was the case. I'm sure there's no way that anyone would be able to come up with a CCA. I'll keep it safe - I won't even frame it in case it fades!

 

Good idea

I've a document held in reserve, the original is safe plus it's saved to a memory stick and on two pc's

R

[vmac]

Is a anyone else experiencing a wide variety of techniques from Aktiv Capital, to get you to answer your mobile / call back ?

Last night, a new number dialled my mobile and left a message at 8pm. (most numbers from AC I've saved in my address booked and appear as 'Nob, 1-19' respectively, so I know not to answer)((yes, there are 19 different numbers they've used!)) .. but this was a new one and the message left went something like this .. "sorry you are having trouble with your calls. Goodbye". I did dial the number from my witheld landline and surprise surprise, it was Aktiv Capital. Suggests to me they are now pretending to be your phone company and trying to worry you in order to call the number back. Anyone else had this ? cheers, V

[Bazooka Boo]

Hmm interesting! Have you loaded all of the numbers in to http://whocallsme.com/

[vmac]

Hmm interesting! Have you loaded all of the numbers in to http://whocallsme.com/

 

hello BB ..

many of them are there already but this one was new to me , a London 0208 .. so looks like a domestic number. Anyway, it has now become 'nob 21' so I know for next time