CCS Collect / AK old store card debt

[klassykitty]

I keep getting letters from the above debt company about a store card which i had when i was about 18-20yrs old, i am now 31.

 

I sent them a letter saying the debt was statute barred, as i dont recall paying anything for a very long time.

 

 

I received a reply which stated " Further to your recent communication regarding the above account.

 

As per our previous correspondence we have now passed the account onto our field agents for doorstep collection and they will contact you shortly.

 

All future enquiries must be directed to them."

 

I received a letter from the doorsetep colection company so i sent them the statute barred letter.

 

Today CCS have come back to me stating the last payment i paid towards the account was 3 december 2008 and therefore the account is not statute barred.

 

What should my next step be?

 

Requesting a statement of the account?

 

Asking for a credit agreement?

 

 

And could you please point me in the direction of the template letter for these.

 

Thanks in advance.

Edited November 12, 2012 by citizenB
formatting

[citizenB]

You should be asking them for proof positive that a payment was made in 2008..

 

What method - Direct Debit - Standing Order - Bank Deposit - Postal Order - Debit/Credit Card over phone.

 

If by DD or Standing Order, then you want to know the name of the bank it was paid through and a copy of the statement.

 

If by Postal order, then the PO reference

 

If by phone then you want the date, time and a recording of the transaction.

 

It has not been unknown for "phantom" payments to be made - they have stated a payment has - it is for them to provide evidence.

[klassykitty]

Ok, i will write a letter asking for proof of payment. If it comes back i did make a payment i guess i could then always ask for a credit agreement? Its unlikely that would be available after 10+ years.

Thanks

[dx100uk]

what does your CRA file say about this debt?

 

dx

[klassykitty]

Its not on my credit file, just checked

[dx100uk]

then as post 2.

 

if its not on your cra file

 

that means it was defaulted more than 6yrs ago and has fallen off.

 

also if there is ANY 6yrs period whereby you did not make a payment [say before the phantom one is 2008]

 

then its sb'ed anyway

 

dx

[klassykitty]

Thank you, should i still request proof of payment or state that it is statute barred?

[dx100uk]

was there a 6yrs period?

 

dx

[klassykitty]

I believe so, but not 100%, ive checked my bank account and no payment made from there december 2008.

[citizenB]

I believe so, but not 100%, ive checked my bank account and no payment made from there december 2008.

 

 

Then I think you need to put them to proof of the payment.. and then the credit agreement !

[klassykitty]

Thanks, will do

[Happyhippy1959]

subbing

[klassykitty]

After looking through my old posts on here and my file of letters to DCA's on my pc,

i see this debt has been sold by Aktiv Kapital to CCS,

 

i wrote to Aktiv in 2010 with a CCA request and never received a reply.

 

Ive typed up my payment proof letter and will be posting tomorrow,

 

i have also noticed on the letter they sent there is a payment ref,

 

i think this may be referring to the alleged payment i have made.

 

i will see what they come back with and then send them a CCA request, as its obvious if Aktiv couldnt provide it neither can they!

[dx100uk]

good result on the horizon then.

 

dx

[klassykitty]

Received a letter from CCS today

 

"Further to your recent communication regarding the above detailed outstanding debt,

we have noted your comments and accordingly have placed the account on hold.

 

We have referred the details of your enquiry directly to our client and await their further instruction.

 

As soon as we hear back from them, we will advise you by letter.

 

Please be assured that during this time we will continue to hold the account and suspend all and any further collection activity."

 

Lets see if i actually get a response, as their client 'Aktiv Kapital' never bothered responding to my request for the credit agreement.

[dx100uk]

good even better looking

 

dx

[klassykitty]

Ive received a reply from CCS

 

"Further to your recent communication with this office, may we confirm the following:-

 

Our client has confirmed the payments they received were made from a Natwest account with sort code 54-41-00.

They have provided a copy of their payment screen, a copy of which is attached, for your information.

 

Please forward payment, in full, by return, or call the number below to discuss your repayment options."

 

The payment sheet shows a DD payment of £20 made on 30/10/2008 and then a dishounered £20 DD on 29/11/2008, which was returned 3/12/2008. So £20 payment made, original balance £467 current £447.

 

Should i request credit agreement as last time they failed to respond?

I have checked again, this debt is not on my credit file.

[dx100uk]

so the 30/10/2008 payment was from your bank account?

 

prior to that one

 

when was YOUR last use in/out of the card...any idea

 

dx

[klassykitty]

Yes it seems i made a DD payment on 30/10/2008, that is my Natwest sort code.

 

Its hard to say when i last used the store card, i took it out when i was 18-20, and it wasnt long before i fell behind on the payments, which obviously prevents you using it, so would say at least 8 years ago as im 31 now.

[dx100uk]

if there is ANY period of 6yrs whereby you made no financial transaction in/out

then it will be SB'ed.

 

doesn't matter that that payment was made within the LAST 6yrs

 

it could already had been SB'ed

 

you paying then does not un-bar it.

 

nothing can unbar an SB'ed debt not even a judge.

 

if you want to continue letter tennis

 

write back and say those two payments were a mistake

 

you found out it was already SB'ed after the 2nd paymentt and reversed it.

 

its for them to PROVE it is NOT SB'd

not for you to prove it IS.

 

dx

[klassykitty]

Yes i will do that. Im certainly not giving in, i was hassled by Aktiv Kapital before they sold it on to CCS, i requested a copy of the credit agreement and they never responded, then about a year or so later i started getting letters from CCS. I thought a debt couldnt be sold on that is in dispute?

[klassykitty]

I wrote a letter to CCS:

 

Further to your recent reply regarding the above account,if the payment was made by me on 30/10/2008, it was made in error, the account was already statute barred and therefore the direct debit agreement was cancelled.

 

 

I would like to point out that this account is formally in dispute with Aktiv Kapital and has been since they failed to acknowledge my Consumer Credit Agreement (CCA)Request on 12th May 2010, in line with s.77-s.79 of the Consumer Credit Act 1974 (CCA1974).

As you are no doubt aware, your continual harassment not only breaches the Consumer CreditAct (1974), but also the Data Protection Act (1998), the Consumer Protection From Unfair Trading Regulations (2008) and the Office Of Fair Trading's debtcollection Guidelines. Being that the Original Creditor is now in default of my CCA Request and OFT Debt Collection Guidelines, I consider this account to be in serious dispute, especially due to the fact that whilst my CCA Request remains in default (outstanding), enforcement action is not permittedin line with s.127(3) of the CCA1974.

Consequently, any legal action you pursue will not only be fully and vigorously defended, it will also be averred as both unlawful and vexatious. As such I respectfully suggest that this account is returned to the original creditor for immediate resolution prior to my seeking legal advice; due to the fact you cannot lawfully pursue any enforcement activities as the account was already in dispute at the time you became involved.

 

If you decide to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

I hope that this will not be necessary and an acceptable solution can be accomplished. I would appreciate your due diligence in this matter and look forward to hearing from you in due course.

 

 

 

 

 

 

 

Today i received a reply:

 

Further to your recent communication with this office, may we confirm the

following:-

 

Please be advised we have noted the content of your letter and have now closed and

returned the account to our client. We have also forwarded your letter for

their investigation.

Edited December 14, 2012 by klassykitty