Aktiv Kapital advice please

[dieudas]

Hi there

 

I have been a browser of these forums for some time now , to cut a long story short my life going back a few years hit rocks bottom and during that period i got myself into some trouble financially. Most of which I have now rectified however I am left with a few companies chasing me, the advice on this forum is invaluable to me and I have used one of the letter templates to request my CCA from Aktiv Kapital for a debt they claim I owe to JD Williams for £221 I asked them for proof and they sent me a statement of items i had allegedly ordered.

 

Neither my name nor account number was on the statement, I asked them then for the signed credit agreement, they have written back to me today to say they they don't have one but if i pay up £91 in full and final settlement they will change my credit reference file from default to settled. I'm not sure what to do now, I am working on trying to get my credit file sorted so myself and my partner can eventually get a mortgage, but if they are saying all collections will stop because they haven't got the agreement then aren't they wrong to ask me to pay it? I'm quite confused any idea what to send them next? Please see copy of letter i got today scanned.

 

[PGH7447]

dont listen to them, if they aint got an agreement then you dont have to pay, whether you pay them or not is your choice, that is if the debt is yours

[dx100uk]

yep

 

trying to spoof you

 

you say there are markers on your CRA?

 

who from?

 

and what about all the ffes JDW will have levied

 

get reclaiming me thinks and if that clears the bal then demand the markers are removed

as it was their charges not YOUR spending that caused them.

 

dx

[dieudas]

The default i am looking at here on Experian is logged in 2007 from Aktiv Kapital (ex JD Williams ) the trouble i have is a settled/satisfied marker is just as bad for me as a default so i am told if i am looking for a mortgage over the next few years. Are they allowed to log a default when they have no proof of a debt like this? I did ask them for the default notice and in the letter it says they are asking JD Williams for it, I never received one back then at all. Yes on the statement they sent to me there are charges but they dont cover the whole debt, they cover just over half of it.

 

Thank you for the replys!

Tracy

[dx100uk]

no partia'sl the one that crap

 

if its settled or satified, then thats ok.

 

i suspect JD defaulted you, but it now says akitiv as they've brought the debt.

 

 

dx

[dieudas]

...right I see, if I want the default removed should it be JD Williams I ask or Aktiv? I have sent a copy of their letter to Experian via e-mail, will the fact they don't have proof of the debt or a default notice be enough to make Experian remove it? If not I think I am going to write Aktiv a letter telling them yes mark it as satisfied but I am not paying a full and final unless they can provide proof of debt, which they say they cant. I looked in the letter library here for a template but there doesn't look to be one covering this scenario, if anyone has one i could use and adjust i would be really grateful though, or if someone could point me int he direction of where i could get one. Just the other two collectors on my case to deal with now, Robinson Way..who seem to be walking a fine line with the law and insanity actually and Consumer Credit Finance..but I will make different threads about those and keep you updated on this one here.

 

Thanks again for your reply's!

Tracy

[dieudas]

This is just a bump, I really would appreciate it if someone could tell me what letter i need to send these people now, I need the letter to let them know I am not paying a full and final on a debt they cannot collect on and regardless of that they should remove the default notice as it is therefore unlawful. I have sent their letter off to Experian ..do you think having seen that they may remove it themselves?

 

Thank you in advance x

[BRIGADIER2JCS]

Sorry to disillusion you IMHO the default is lawful,as although the debt is

not enforceable at the present time it still exists in law,and has been defaulted.

I've argued this point many times and consulted senior lawyers and what they

have said is echoed in this post.

The CRA I expect will refer you back to Aktiv.

[dieudas]

thanks for your reply, thats useful to know, I have written them a very short letter, please see below. I wrote it prior to reciving your answer , so I guess just wait and see what happens

Is the fact they have not been able to produce a default notice or evidence of one served taken into account at all?

 

 

To whom it may concern,

 

Please be informed that I have received your letter dated 26/07/2011. Please let it be noted as you have confirmed in this letter that you are unable to supply to original credit agreement and the collection activity is to stop it is therefore not acceptable for you to offer me full and final settlement in return for my default notice to be removed from the CRAs, this is tantamount to blackmail. I am therefore now taking this matter further. I have already sent a copy of your letter to Experian and I am going to be contacting Trading Standards and the OFT as you are clearly acting outside of the law if I do not hear from you within 12+2 days will news that this account is now closed and will not be passed on to any other agencies and that the unlawful default is removed completely from Credit Reference files as per Date Protection guidelines immediately.

 

Please take this letter as final correspondence.

[BRIGADIER2JCS]

Technically yes it should be, but they could rectify it.

Your letter is ok, and I wish you luck, let us know the response.

[dieudas]

i will..and thanks again..

[dieudas]

Update , received a letter this morning after that email I sent and they have ceased all collection activities , closed their file and said they were contacting CRAs to have the default removed, having checked with Experian they have already done it ...very pleased but having read some of the other threads a little bit concerned another DCA will take over from them now , guess its just wait and see

[BRIGADIER2JCS]

you have the answer if any other

po:madgrin:nd life tries it on

[dieudas]

yep I do ....one question though...if another DCA does take over the debt are they allowed to put a fresh default on my file for it or no?

[BRIGADIER2JCS]

No one debt one default the original date

should not change but the report will

continue to be updated.

[dieudas]

ahh no see Aktiv have completely removed the entry not marked it settled or satisfied, its gone..

[BRIGADIER2JCS]

Ah that is a good result.