Aktiv Kapital, sorry who?? Comet (Time Retail Finance) store card

[mcg68]

12 years ago I had a Comet (Time Retail Finance) store card which I spent about £600 on. I paid this for years (min payments mostly) and the balance only ever got higher.

 

Anyway, the last payment I made towards it was back in June 2008 after which time Aktiv Kapital began chasing me for it. In my credit file with Equifax, the Time Retail account is showing as "Settled" and the one that keeps my score down at Poor is the "delinquent debt" to Aktiv Kapital, now standing at £949. I have now started to get calls from another company called Buchanan Clark and Wells so maybe Aktiv Kapital have sold it on to them??

 

However, I want to know if,... as I have never entered into any agreement with Aktiv Kapital and the original Time Retail account is closed, should I send Aktiv Kapital a CCA request and if they fail to provide it, can I realistically hope to get this one removed from my file?

 

Thanks for any help anyone can offer.

Mick

[unclebulgaria67]

You won't get it removed from your credit file. If you paid it, it will show as satisfied, but will still be showing until 2014.

 

All that appears to have happened is that Time Retail Finance sold the debt to AK, who have taken over the default on the credit file and they have now asked BCW to chase for the debt. I am not sure that BCW buy many debts, as they mainly appear to just chase on behalf of others.

 

As the debt will be on the credit file until 2014, it is up to you how you deal with it. If you ask for the CCA and they can't provide it, they can still note the credit file, per McGuffiick v RBS. It is not as if you will take AK to court, to get them to show that they have legal paperwork to show they bought the debt, so have the rights to note your credit file. No point complaining to the FOS or ICO.

 

The TRF will show as settled and then AK replaced them as a new entry, having bought the debt.

[BRIGADIER2JCS]

Aktiv Kapital are a debt purchaser so when they aquired the account the also inherited the Ts & Cs rights and oblogations of the original so there is your contract with them.

 

If you want a CCA send the request to BCW as the last compnay to contact you.

[mcg68]

Thanks for the replies. So is my best bet then to pay up and then at least it would show as settled on the credit file?

[citizenB]

BCW are not Debt purchasers - they will be acting on behalf of the original creditor or new owner - in this case it would appear to be Aktiv Capital

 

If any of the increase of the debt is due to charges - then you should reclaim them from the original creditor.

 

IMHO, the debt should have ceased to increase at the time of assignment.

[unclebulgaria67]

BCW are not Debt purchasers - they will be acting on behalf of the original creditor or new owner - in this case it would appear to be Aktiv Capital

 

If any of the increase of the debt is due to charges - then you should reclaim them from the original creditor.

 

IMHO, the debt should have ceased to increase at the time of assignment.

 

Beware of AK, as they appear to make mistakes. With a relatives debt, they somehow made a debt that was originally about £500 into a debt of about £2500.

 

If you want to settle with AK, then offer them a full and final reduced settlement amount, provided that your credit file is fully satisfied. If the debt is noted as £900 is, I would expect them to accept say £300. They would have paid less than £100 for the debt of £600, so they will be delighted with the profit.

 

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=24_full_and_final_settlement_offers

[BRIGADIER2JCS]

If you pay up a defaulted account it will be marked as ''satisfied''.

Have you checked that the amount claimed is the same that shows

on your credit reference files?