Aktiv Kapital claimform - MBNA card debt.***Claim Discontinued***

[scousebird]

Long story - short.

 

... got myself into a financial pickle with various credit cards etc.

 

Due to dwindling income over the last 12 months I have now crashed.

 

I have received default notices on my CC's as I have not made any payments to them over the last 3/4 months.

 

I was just about to contact them [along with some of my other creditors] to advise them of this change in finances etc;

with a payment proposal of £1 and statement of Inc and Exp., as now no income.

 

Additionally I was considering the querying the validity of the contracts with the CC companies as others on this forum have done.

 

Concentrating on MBNAeurope for the present:

today I have received a letter from AKTIC KAPITAL Portfolio AS, Zug Branch

- stating that they have purchased my outstanding balance with MBNA

- and they can help get my finances back on track

it then goes on to say that they are Aktic Kapital UK Ltd who will be collecting the balance of £xxxx.xx that I owe on behalf of Aktic Kapital Portfolio AS, Zug Branch.

 

they want me to cancel and DD/SO's [there are none; otherwise i wouldnt have gone into default!!]

as paying mbna would cause a delay in them being able to reduce my balance.

 

small print:... aktiv kapital uk ltd is part of the aktiv kapital ASA [norway] group of companies. CCA licence 510166. registered office, wells house, elmfield road, bromley, kent, br1 1lt.

'under the terms of this assignment and as defined in the data protection act 1998, Aktic Kapial portfolio AS, zug branch is now the data controller of your personal data...'

 

so my questions are:

do i acknowledge their letter?

do i deal with mbna at all now?

do i ask Aktiv Kapital for original contract/proof of debt?

any other pointers would be great please

[especially if any more letters 'assignments or purchases' of my other credit card debts start arriving].

 

thanks in advance.

[Stigman]

do i acknowledge their letter?

See "do i ask Aktiv Kapital for original contract/proof of debt?" below.

 

do i deal with mbna at all now?

You need to check your Credit Files to see who is now the owner, please be aware though that the Credit Reference Agencies can take upto a month to update their systems, Experian and Equifax offer a free 30 day trial but please remember to cancel or you will incur a monthly charge of upto £14.99, Noddle which is part of CallCredit is free for life.

 

do i ask Aktiv Kapital for original contract/proof of debt?

Yes, when was the original Card taken out? the law changed regarding CCA's in 2007, prior to that the original document has to be produced, after 2007, they can supply a recon agreement.

A CCA request costs £1, send a postal order and to Aktiv via recorded delivery, the template for this is in the Library section, top tool bar in green.

 

any other pointers would be great please

You are under no obligation to supply Activ with an Income and Expenditure, only a Judge has the right to your personal finaces.

Do not speak to them on the phone, if they ring you, just say in writing only and hang up, all they will do is lie cheat and bully you into paying, the specialist adviser is in reality a spotty nosed kid who is on minimum wage with a 20% commission top up.

Do not fall for the doorstop collector trick either, it has been known for someone to turn up from time to time, but they have no legal powers, are not Bailiffs, just someone on commission, tell them to leave your property immediately, if they refuse, call the Police and they will remove them for you.

 

Stigman

[scousebird]

thanks for the reply.

i do think the original card was taken out prior to 2007

- although since that time the card has been used, cleared, used, increased credit limits, used, part cleared, used etc etc.

 

i will ask for a CCA.

 

it was a route i was thinking of going down but was unsure if i still could as the debt has been 'bought' by this company.

[Stigman]

The CCA will show you what date the Card was taken out.

 

You can ask for the CCA anytime regardless who owns the debt, once signed for, Activ have 12 + 2 working days (the + 2 working days are to allow for postage) to comply, if Activ do not then the Account is in dispute, template for this is once again in the Library section.

 

Stigman

[BRIGADIER2JCS]

PPI on these accounts?

[scousebird]

no PPI.

pretty certain of this as most of time i was self employed so knew they wouldnt pay out if i claimed, so not worth taking out.

 

there will be some charges, just standard penalties over the years, for the odd late payment.

 

more recently the charges will be increased as obviously no payments

and potentially a % change as preferential rate will have been removed.

 

would you class Aktiv Kapital now as the OWNER as their letter states, or just a fancy name for DCA?

- as advice seems to be do not speak/acknowledge DCA yet my asking them for CCA is setting up dialogue?

 

thanks for the help.

[Stigman]

 

would you class Aktiv Kapital now as the OWNER as their letter states,

 

asking them for CCA is setting up dialogue?

 

You should have received a Notice of Assignment, a letter from MBNA that they have sold the debt to Aktiv and also a letter from Aktiv that they have bought the debt from MBNA, these may come in the same envelope.

You also need to check your credit file to fully find out ownership.

 

A CCA is a legal request for documentation and does not mean that you accept the debt and/or paying the debt back.

 

Stigman

[scousebird]

yes i have got the letter from Aktiv Kapital - saying that they now own the debt.

 

as for a letter from mbna, none that i am aware of, however i have unopened post.......... head in sand stuff!

 

i was very proactive today, sent off my CCA letter to Aktiv...... signed for postage etc etc

ONLY FORGOT TO PUT IN THE POSTAL ORDER !!!!!........

 

so will resend a copy again tomorrow....... !! so they get an extra day, damn.!

[scousebird]

I received a letter from Activ wanting repayment of the MBNA balance they had bought. I responded with a Request for Info under Consumer Credit Act.

 

I have received a letter Just within the time frame stating:

'we refer to your letter blah blah blah....'

 

'whilst we endeavour to obtain documents within the prescribed time scales, due to the fact that we have to try to obtain documents from the original creditor we may be unable to do so, your account is on hold and has been removed from the collection process whilst we await the requested information.'

 

so what do you think i should do now - just wait ?

[havinastella]

Yep!

[scousebird]

okey dokey............ wait i will !! i think i will go and put the kettle on !!

[bigphil61]

Hi Scousebird, If you have not made any payments to MBNA or Acktiv or anyother DCA in the last 6 years, then its probably a SB debt in which case you can send them this: >http://www.consumeractiongroup.co.uk/forum/content.php?408-Letter-sent-when-debt-is-statute-barred

I'm sure someone from the site team will be along shortly with further advice, if needed. BP

 

Hi Scousebird, must have posted around the same time, I'd definately take the advice given by Havinastella! BP

[scousebird]

hi bigphil.

its not statue barred. i had made payments to mbna, then got into difficulties so went into default.

they 'sold' onto Aktiv

- dont recall getting notification of sale,

but to be honest it could be mixed up with a whole lot of post that went unopened......

 

so immediately upon receipt of Activ letter chasing payment i did a CCA

- hence the reply now received stating they are having to obtain documents from original creditor.

 

so technically my debt is now with Activ and i have not made any payments or offer etc to them just the CCA.

 

so now off to the kettle i go... ei ei ei o ............

Edited November 19, 2012 by scousebird
CCA applied for not SAR.... apologies for the confusion

[havinastella]

SB, did you send AK the SAR or CCA request?

[lookinforinfo]

Deleted as I understood it was a CCA request not a SAR.

[scousebird]

yes apologies it was a CCA request not as SAR as i mistyped in post #6 [now AMENDED]

[havinastella]

yes apologies it was a CCA request not as SAR as i mistyped in post #6 [now AMENDED]

[scousebird]

so havinastelle, i have had a brew and waited !!

in your opinion what do you think will happen now ?

[havinastella]

When they finally get back to you, with a completely enforceable CCA, we can help further.

 

When was the last payment?

 

Was there any charges on the account?

 

How much is owed?

 

Was there PPI?

 

As you can see there is a long way to go until we can properly advise!

[MrHat]

If you can afford £10, a sar to mbna would be a lovely bundle of info to have imo

[scousebird]

thanks mrhat and haveastella....

defo no PPI

last payment was probably about 10 months ago [would have to check]

there will be charges occasionally over the last few years, a few of which i queried at the time and usually got some refund straight away.

 

i will wait to see if they reply with the information.

which is even sweeter knowing that i forgot to put in the £1 postal order !!! and was thinking about re-sending my letter with it enclosed - so I am £1 better off already

i suppose i just wondered if they have the right to an extension of time to get the info from mbna?

[scousebird]

UPDATE......... 13 dec 2012

another letter from AKTIV just confirming that they are still waiting for information to be supplied to them by the original creditor..

.... this information is required by them to be able to resolve my query.

 

Account is still on hold.... pending this information.

 

should i still just wait....... are they allowed this time frame?

 

is the best course of action, in-action on my behalf !

[havinastella]

They are allowed as much time as they like, as long as they do not try to enforce the debt. In the old days, it was 12 days + 2, but that was a waste of time as well.

[scousebird]

yes thats what i think

 

 

i had at the back of my mind that after the 12 +2 days, they were 'out of time' so even if the info did turn up

- it was too late and i could write to them accordingly and say they had breached the request etc etc, so they couldnt enforce.

 

but it would seem that perhaps the best course of action is just to sit it out and not rattle too many cages.

 

 

my file is obviously flagging up for them to send out another acknowledgement letter.

 

thanks for the reply

[anynewmouse]

Did you get anything back ?