A new one with Aktiv Kapital

[oldagehappens]

Back in 2007 I received a letter from these with an outstanding debt of £3000.

 

At the time, I knew nothing of DCA's and went along with it.

 

Since then I have paid over £1000 and even to this day still pay the monthly installments.

 

Now, after learning everything I have on this forum I've realised that the debt, when they first contacted me was statute barred.

 

Didnt know what that was at the time, also, i wouldnt imagine they could provide a CCA request.

 

Should I been sending a request and if they don't respond should I stop paying them? The original debt was £2200 and raised to £3000.

 

So I've paid the best part of 50% already..

[BRIGADIER2JCS]

Hi, Are you sure that the debt was SB when you made the

first payment to them?

If so stop paying them if there has been no payment or

written acknowledgment of the debt in six clear years

before you started to pay them write to their compliance manager

giving all the details you have and tell the yoiu now will cease

all payments because the debt was already time barred.

Unfortunately what you have paid will be considered as a ''gift''

[oldagehappens]

Hi, I'm pretty sure it was... I think (almost 99% sure) that the last payment I made was in 2000 on the original account - 2001 I went on holiday for her majesty. Their first letter was 24th Jan 2007 with the first payment from me on the 3rd of Feb 2007.

 

Can I write to them asking to prove it somehow??? I cant really find as the original bank account the payments were made from was closed years ago.

[BRIGADIER2JCS]

I'll draft a reply for you in a few minutes.

[BRIGADIER2JCS]

Back in 2007 I received a letter from these with an outstanding debt of £3000. At the time, I knoew nothing of DCA's and went along with it. Since then I have paid over £1000 and even to this day still pay the monthly installments.

 

Now, after learning everything I have on this forum I've realised that the debt, when they first contacted me was statute barred. Didnt know what that was at the time, also, i wouldnt imagine they could provide a CCA request.

 

Should I been sending a request and if they don't respond should I stop paying them? The original debt was £2200 and raised to £3000.

 

So I've paid the best part of 50% already..

 

Here we go.

 

The Compliance Manager

Aktive Capital.

 

Ref:xxxxxxxxxx

 

Dear Sir or Madam

 

I write in reference to the debt for XXXXXXX to which

I have been making payments since xxxxxxxx.

Having now researched the full details of this account

I have found that this debt was Statute Barred before

you contacted me and I started the payments, in view

of this I am now stopping payments immediately and

no further payments will be made.

I do realise that was an oersight on my behalf, but I

consider tha Aktiv Capital received monies from me

unfairly as you would no doubt have been aware of the

status of the debt.

I shall now have to consider complaints to regulatory

authorities.

send recorded delivery.

[oldagehappens]

What a gent!

 

Thank you

[BRIGADIER2JCS]

Your welcome!!!!

[oldagehappens]

I sent a CCA request to them after paying £700 off a £3000 bill. They have come back with...

 

"Although we purchased the right to recover this outstanding balance we are not the OC and dont hold such documentation in this matter.

 

We contacted the OC in an effort to resolve this matter.

 

The OC cannot provide us with this documentation and therefore informing you that we will cease all collections activity whilst not in possession of the docs..."

 

So, do I respond? Do I just leave it? or do I say, hang on my old fruits - you've had £700 out of me, now give it back!

[dpick]

Hi you wont get a penny back, stop paying and keep that letter saying they cannot provide you with agreement in a very safe place. If the debt was created before April 2007 you can tell them to go forth etc. If after then they could use a reconstruction of the agreement to enforce in a court, so if that is the case just pay what you can afford.

 

dpick

[oldagehappens]

Is for a credit agreement that was taken out before 2007 or defaulted before 2007?

[BRIGADIER2JCS]

I would suggest confirming receipt of the letter, and

as this is is pre 2007 (Apri 2007) state that a reconstituted

agreement is unacceptable.

Covers the bases.

[oldagehappens]

I would suggest confirming receipt of the letter, and

as this is is pre 2007 (Apri 2007) state that a reconstituted

agreement is unacceptable.

Covers the bases.

 

Sorry, can I just confirm this pre 2007 business please.

 

If the agreement/account was taken out pre 2007 and then defaulted in 2009 does this apply?

 

Is it only for accounts/agreements that "defaulted" after 2007??

[BRIGADIER2JCS]

The cosumer credit act was amended and the new act came into force April

2007, agreements prior this were unaffected by the changes, so that the original

agreement is needed to enforce the debt.

[oldagehappens]

so that the original

agreement is needed to enforce the debt.

 

Just one more question...

 

Original agreement can be a photocopy yes? as long as it shows a valid signature.

 

While a recon version is just the text, no signature?

[BRIGADIER2JCS]

Yes it must be a true copy if it was an online app the tick

box is counted as a signature.

[dpick]

And it has to contain all prescribed terms.

 

dpick