Backdoor Aktiv Kapital/Hagerty CCJ - merged old Barclays OD+Credit Card debt - How Do I set aside? ** WON WITH COSTS **+ campaign to shut them down

[dadofholly]

Does anyone know how important having a Consumer Credit Licence is ?

 

I've just discovered that my claimant didnt obtain a CCL till 4 years after buying my alledged debt, also they don't have a licence anymore it lapsed in 2009 ?

 

so a) how could they buy my debt if they didn't have a licence & b) how can they enforce the debt if they don't have a licence now?

 

Edit: says on OFT website that without a CCL it is a criminal offence to carry out debt collection activities. I have the documents to show that they were collecting debts before they had a licence.

 

 

It is a criminal offence not to have a valid CCL - are you sure they did not have a CCL at the time? And are you sure they do not have a licence now?

 

The law states that you cannot take benefit from a criminal offence.

 

What company details do you have? (we had the same issues with HFO Capital Ireland), I will do a bit of research for you.

 

Though i have to admit it seems unlikley that they do not have a valid licence. But i will certailnly look into it.

 

Who exactley is the claimant - company name and address

Edited April 3, 2012 by dadofholly

[sick of thames credit]

It is a criminal offence not to have a valid CCL - are you sure they did not have a CCL at the time? And are you sure they do not have a licence now?

 

The law states that you cannot take benefit from a criminal offence.

 

What company details do you have? (we had the same issues with HFO Capital Ireland), I will do a bit of research for you.

 

Though i have to admit it seems unlikley that they do not have a valid licence. But i will certailnly look into it.

 

Who exactley is the claimant - company name and address

 

Hi dadofholly, I've read your HFO threads so can see you are an expert in this area, so hopefully you can help.

 

Ok, here goes,

 

The group of companies I am dealing with is Olympia Capital ASA/Thames Credit/Aktiv Kapital

 

My first contact from them was in 2004, the letter was from Thames Credit.

 

The Letter reads

 

"We are acting as collection agent on behalf of Olympia Capital ASA which is now the legal owner of your above referenced account . By an agreement between Barclaycard and Olympia Capital ASA the outstanding balance on your account was sold to Olympia Capital ASA. All rights to the title and interest were transferred in that sale agreement"

 

Acording to OFT website. Olympia Capital ASA was issued with a CCL on the 28/11/04 which is way way after my letter, OFT website says it lapsed om the 28/11/09. (CCL no. 0562363)

 

However Olympia/Thames/Aktiv are a murky web of interlinked companies all owned by the same people, However from studying your HFO threads I gather you can't use a licence from one part of the company for another part ? As Thames Credit did have a licence at the time.

[donein]

This is very interesting

[victoria_siempre]

Hi guys

 

This is slightly off piste; but Idem were also issuing threat-o-grams on allegedly assigned accounts 4 days before they had a CC licence.

 

x

 

v

[sick of thames credit]

DoH, forgot to add,

 

The Claimant is Aktiv Kapital, whose address is the same as the other two, i.e. wells road, bromley. However they have issued the claim from bermuda in my case.

[sick of thames credit]

Have been given some very useful Info from an Aktiv Employee,

 

Dispute All Barclays Bank account Debts with them and they will immediately cave in, Apparently they hold absolutely no details regarding these debts apart from account no.s and names. Even this data is corrupted with wrong names appended to wrong account numbers.

 

Apparently this was the worst book they ever bought off a client and they have tried to offload it back to Barclays who won't take it.

 

I can confirm this is probably true, as I recently wrote in re. my allleged barclays account with it a prove it letter. They responded the same day, admitting they dont have the documents and are discontinuing action in respect of this debt and consider the matter closed.

[dadofholly]

Ok will have a look into it - give me till tomorrow evening to have a look and report back.

 

It will depend how the company/companies are set up - if they are the same company but using a different trading name then they may be covered by the same CCL. If they are different legal entities then they cannot, and must have a CCl for each seperate company.

 

Though as you have notedit appears the assignee did not have a valid licence at the time of the assignment. Did you ever get a notice of assignment to say the account had been assigned from olympia capital to Aktiv? Though it may have just been a name change - so something else to look into.

[sick of thames credit]

Ok will have a look into it - give me till tomorrow evening to have a look and report back.

 

It will depend how the company/companies are set up - if they are the same company but using a different trading name then they may be covered by the same CCL. If they are different legal entities then they cannot, and must have a CCl for each seperate company.

 

Though as you have notedit appears the assignee did not have a valid licence at the time of the assignment. Did you ever get a notice of assignment to say the account had been assigned from olympia capital to Aktiv? Though it may have just been a name change - so something else to look into.

 

I did some basic checking on Sunday, and Thames Credit and Olympia Capital ASA has different CCL licences and different company registration numbers, although both quote the same address.

 

I didn't get a Notice of Assignment from when Aktiv took over Olympia/Thames, although I did get a letter telling me they were changing their name and not to worry. However from my own research they didnt actually change their name, Olympia was bought by Aktiv. But saying that, people on the board of Aktiv were the same people on Olympia. Apparently they got into trouble and did the trick of starting a new company and buying the assets of the old one from what I gather.

[dadofholly]

call barclaycard and ask them to who and when the account was sold - would also be worth asking them the date of the last payment made on the account, and the date of the default notice.

[PGH7447]

Have been given some very useful Info from an Aktiv Employee,

 

Dispute All Barclays Bank account Debts with them and they will immediately cave in, Apparently they hold absolutely no details regarding these debts apart from account no.s and names. Even this data is corrupted with wrong names appended to wrong account numbers.

 

Apparently this was the worst book they ever bought off a client and they have tried to offload it back to Barclays who won't take it.

 

I can confirm this is probably true, as I recently wrote in re. my allleged barclays account with it a prove it letter. They responded the same day, admitting they dont have the documents and are discontinuing action in respect of this debt and consider the matter closed.

 

If this is true stand by for some other lowlife who AK will sell it onto to try and collect

[Ganymede]

editted post above, meant to say "along with my application for the CCJ set-aside"

 

For what reasons wouldnt it get off the ground ? you pursue someone for debt that isnt theirs, you then obtain a CCJ by deliberatly/negligently supplying the court with the wrong address. As a result youn then lose your job.

 

I think that's enough grounds to get off the ground, excuse the pun.

 

 

 

I'm confused, I thought you said that the debt was your credit card and student bank account? Are you now saying that this isn't the case?

 

You won't be able to reclaim all of the money you have paid back as the debt is still owing so why would you be able to?

 

I also remember you saying that for 3 years you heard nothing and then the creditor traced you and started sending letters again. Compensation for harrassment is hard to get, how many letters were you sent? Have you kept copies of each one?

[sbox65]

I spoke to Barclays on the phone (yeah I know I should not of done!) sometime back the lady there told me they do not have the paperwork, AK have since pulled a vanishing act Prevoiusly Thames Credit gave me no end of grief!

[sick of thames credit]

call barclaycard and ask them to who and when the account was sold - would also be worth asking them the date of the last payment made on the account, and the date of the default notice.

 

Hi DoH, I'm having a strange one from Barclaycard, apparently my records have been "sealed". On Asking what that means, the operator said that when shes puts in my details it comes up with my account and has the following information.

 

Personal details (name, dob, address), Acc no. (Which is different to that supplied by Aktiv), date account closed ( Which is 3 & 1/2 Years after AK alledgly bought the debt!).

 

Any further information can be obtained by clicking a button on the screen, but when they click the button the people at Barclaycard are told they don't have permission to access this information.

 

Ive been chasing this up for over a week and seems no one has permission to access this information.

 

Also I've been chasing up the info via SAR, Barclaycard cashed my cheques 3 weeks ago, but I've yet to see any sign of the documents.

[sick of thames credit]

I'm confused, I thought you said that the debt was your credit card and student bank account? Are you now saying that this isn't the case?

 

You won't be able to reclaim all of the money you have paid back as the debt is still owing so why would you be able to?

 

I also remember you saying that for 3 years you heard nothing and then the creditor traced you and started sending letters again. Compensation for harrassment is hard to get, how many letters were you sent? Have you kept copies of each one?

 

To be honest Ganymede, I had a Barclaycard and a Student Bank account, so when I was contacted about them I assumed they were mine. However since this has all come about and I have chased Barclays about them, I have yet to find any corrobation between the details supplied by AK and Barclays.

 

e.g. the bank account details, sort code & acc number which AK supplied are not those I had at Barclays, according to barclays the sort code refers to a city I have never visited.

 

For the Barclaycard, again account number doesnt match, but according to Barclaycard I had an active account with them and was using my credit card for 3 years after I alledgedly defaulted!

[sick of thames credit]

 

I also remember you saying that for 3 years you heard nothing and then the creditor traced you and started sending letters again. Compensation for harrassment is hard to get, how many letters were you sent? Have you kept copies of each one?

 

About 100 over a period of 1 & 1/2 years, from about 10 different DCA's, including one from a bailiffs firm informing me that I'm to be visited with 7 days for the removal of goods.

 

Edit: I've also had my new job offer withdrawn

[sick of thames credit]

Ok having problems with Barclaycard, I've SARred them a month ago and they cashed the cheque within one week, however my data has yet to turn up.

 

However in the meantime, I have been able to obtain some information over the phone, such as account number, last time card was used etc.

 

But there was some information they were not able to obtain as the account records according to the operator been "Sealed", the infomation I was wanting to obtain was the balance on the account when it was closed, so I could establish if there was even a debt to start with.

 

Anyway I was told to ring back up in a week, Ive just done so and now they can't find any trace of my account at all!

 

This is critical, as the information they have been able to supply me over the phone so far, confirms that this debt isn't my account!

 

What do I do now ?

[citizenB]

They have 40 calendar days to supply your information.

 

I wonder what this "sealed" business is ? Will ask for you.

[dadofholly]

Ok having problems with Barclaycard, I've SARred them a month ago and they cashed the cheque within one week, however my data has yet to turn up.

 

However in the meantime, I have been able to obtain some information over the phone, such as account number, last time card was used etc.

 

But there was some information they were not able to obtain as the account records according to the operator been "Sealed", the infomation I was wanting to obtain was the balance on the account when it was closed, so I could establish if there was even a debt to start with.

 

Anyway I was told to ring back up in a week, Ive just done so and now they can't find any trace of my account at all!

 

This is critical, as the information they have been able to supply me over the phone so far, confirms that this debt isn't my account!

 

What do I do now ?

 

Get that in writing.

[sick of thames credit]

Hi All the plot thickens!

 

Just recieved SAR request from Aktiv, the file is so full of [EDIT] it ridiculous, for example I have a letter from Atkiv kapital dated 2004, i.e. before Aktiv Kapital existed, before they "bought" thames credit, even worse they are using the standard company letter head and details they haveonly been using since 2009 in the letter dated 2004.

 

Another but more worrying, is they claim to have sent me my CCA in the past (about 4 years ago, but thats [naughty word]), in their notes they ackowledge that I'm taking legal action against them and relise they have no docs for me and so send an urgent request to barclays. the response from barclays is that it's not my account!

 

I [EDIT] knew it!

 

However the notes then go on, re request to barclays and suddenly they have my account number & a copy of my agreement. These are mine, I have never denied I had a barclaycard. However this application and the correct account number have now been appended to my details at Aktiv.

 

But whats even more worrying, it's after this request to Barclaycard from aktiv that my details have dissappeared into ether and they have no record of my account.

 

This has got me worried as its looks like,this was never my debt and that was provable, but acktiv are now appending my genuine details to this debt 11 years after the fact. but now Barclays have "lost" my records I cant prove barclays didnt sell this debt to Aktiv.

[Old Cogger]

wonder why that was edited ooppsss Lol

[dadofholly]

If Aktiv are producing letters claiming them to be originals, and to deliberatley mislead you they coud be commiting an act of fraud, (depending on the wording and content), but would at least be a breach of CPUTR - and should be reported to the OFT.

[caro]

Aktiv have been in trouble with the OFT before so I'm sure they'll be interested. http://www.oft.gov.uk/news-and-updates/press/2010/122-10

[sick of thames credit]

Ok time for an update, still more than 2 months till my hearing but need to start thinking about the court case.

 

I'm still pursuing Barclaycard regarding my SAR, However I'm treating that as aside for the time being (i've started a separate thread to chase that up legally) on the assumption I don't have it in time for my hearing.

 

So the latest position is that I have SAR'ed Acktiv who have complied, in the meantime Activ have obtained the documents they need from Barclaycard. However they have not passed these on apart from a microfiche copy of my Credit Card application.

 

Regarding the documents that originate from Aktiv, I have numerous issues. Such as

 

1) copies of letter they claim to have sent, which were never sent (I have kept every correspondence with Aktiv from the past 8 years)

 

2) on the flipside, Aktiv claim the copies of letters they have sent are the only letters they have sent (8 V 100+ which I have kept)

 

3) even the letters we agree on that were sent, have had crucial details such as amounts, amended on those letters.

 

4) the relevant legal documentation they claim to have from barclaycard has not been supplied.

 

The question is although I have obtained some information from Aktiv using the SAR, they have been clearly selective with what they have sent. Do I need to go down the CPR route to enforce full disclosure ?

[dadofholly]

Have you issued a formal CCA request to Aktiv?

 

When did you issue your SAR to barclays and if over 40 days ago have you sent them one of the non comoliance letters - you need that info from BC.

[citizenB]

Ok time for an update, still more than 2 months till my hearing but need to start thinking about the court case.

 

I'm still pursuing Barclaycard regarding my SAR, However I'm treating that as aside for the time being (i've started a separate thread to chase that up legally) on the assumption I don't have it in time for my hearing.

 

So the latest position is that I have SAR'ed Acktiv who have complied, in the meantime Activ have obtained the documents they need from Barclaycard. However they have not passed these on apart from a microfiche copy of my Credit Card application.

 

Regarding the documents that originate from Aktiv, I have numerous issues. Such as

 

1) copies of letter they claim to have sent, which were never sent (I have kept every correspondence with Aktiv from the past 8 years)

 

2) on the flipside, Aktiv claim the copies of letters they have sent are the only letters they have sent (8 V 100+ which I have kept)

 

3) even the letters we agree on that were sent, have had crucial details such as amounts, amended on those letters.

 

4) the relevant legal documentation they claim to have from barclaycard has not been supplied.

 

The question is although I have obtained some information from Aktiv using the SAR, they have been clearly selective with what they have sent. Do I need to go down the CPR route to enforce full disclosure ?

 

 

Did Aktive supply you with a communication log ( a daily diary type of thing - usually a computerised log) You should be able to cross reference letters they claim to have sent to that.

 

Alternatively you CAN still use CPR part 18 to request information only. I have posted an example below. They are obliged to respond with a statement of truth. Once you have established if they do have documents THEN you can request them under disclosure rules. Very long winded I know, but it is the only way at this stage, I think.

 

xx

Your Name

Your Address

IN THE XXXXXXXXX county court

CLAIM NO:

BETWEEN:

XXXXXXXXXX

Claimant

and

XXXXXXXXXXX

Defendant

PART 18 REQUEST FOR FURTHER INFORMATION

To: XXXXXXXXXX (claimant)

　

Please answer the following questions:

1. Upon what date was the last payment made on the account?

2. What was the source, method and amount of the payment?

3. Was a Default Notice issued pursuant to section 87 of the Consumer Credit Act 1974 (as amended) and if so:

a] Upon what date, for what amount and what was the date for remedy of the breach?

b] Was the issuance of the Default Notice noted in the communications log?

4. Does the amount claimed include charges, and if so what amount?

　

　

TAKE NOTICE THAT YOU ARE REQUIRED TO ANSWER THE ABOVE REQUEST

WITHIN 14 DAYS OF SERVICE OF THE SAME UPON YOU

 

HTH