Jump to content


  • Tweets

  • Posts

    • Piers aint that bad (recently amended opinion)  
    • It looks as if you have been completely ripped off. I'm sorry about that but frankly I don't think there is much you can do – and believe me, it is not often that I say that on this forum. I think it's fairly clear that there has been a deception here and although it won't help massively, I would suggest that you report the crime to the police. They will try to say that is a civil matter and you will have to stick to your guns and say that no there's been a deception, that this man is selling cars in an unroadworthy condition and probably he is committing tax fraud offences as well. I'm afraid that there doesn't even evidence that you have the correct name. It seems entirely possible that such a person simply doesn't exist. I don't see any point in beginning a legal action because if you don't even have the correct name for this dealer, then a judgement recorded against his credit file will make absently no difference at all and you will simply incur the costs of bringing the claim. I doubt very much whether he would bother to respond to a claim or to put in a defence. If he did put in a defence then if you wanted to move on to the hearing stage you would have to pay another fee and this would simply put you even more out of pocket – probably to the tune of about £250 or so – and as it seems very unlikely that you could ever enforce the judgement, you would never get any of this money back. I'm sure you feel very bad and very upset. The only other thing you should do is start going around the review sites and putting up negative reviews about this person and his business – and business names. At least it will put other people on guard and you never know, you might stumble across other people who know more about him and actually know who he is. If you do decide to inform the police then you should tell the police that he is trading under a false name. In terms of your car, I'm afraid that the only way I can suggest to cut your losses is to have the work done. It means that you are £1000 down on the deal – but at least you will have a driving car. However, before doing that I would have the car thoroughly checked over to make sure that there aren't any other defects which are about to materialise which might eventually make the car is simply not economical to repair. You said that there was an MOT certificate in the glove box. Is it a recent MOT certificate? Are you able to speak with the previous owner at all?  Cagger @Daniel Hanson who has also bought a vehicle from the same person may be able to help you in this respect. It seems that he has been lucky enough not to have any problem so far with the car that he bought. I think at the very least, the lessons to be drawn from this are: Don't purchase a used car – or any car from a dealer who is far away from you make sure you check the car yourself make sure that the dealer is well established and do some research on forums and review sites for negative reviews and positive reviews. However, be suspicious of positive reviews. Don't pay cash/bank transfer. You lose all control of your money. Insist on paying by credit card or debit card and if the dealer won't accept it then walk away. Ignore warranties. They are meaningless and they are simply a red herring intended to distract you from your statutory rights. However, as you are discovering, even your statutory rights are meaningless if you are unable to identify the dealer and if you are able to identify any assets belonging to the dealer against which you could enforce judgement. Please do let us know how this develops and if you are able to track anybody down. As I say, I think you should certainly inform the police – but it will be a hard job to get them to take notice because they will simply try to say that it's a civil matter and there is no evidence of a crime. You will have to push hard.
    • That is one mean spirited individual, looks like what a Dickensian female Workhouse Beadle would look like.
    • I'll reply more fully  later as I'm about to go out. But meantime who was this person who you allowed to drive your car? How did you know him? Was he insured to drive your car? If you are to defend the matter we need to find out if you have a reasonable chance of success.
    • I think it particularly telling that overweight poopulist Tory **** whos worst experience on missing a meal is missing out on cake, biscuit and tea for elevensese between free breakfast and free lunch, and who voted as a decidedly overweight whole to leave British children hungry, STILL claim that its age and obesity, not their own policies and practices, that have generating the 'world beating' British death rates.   Perhaps they are leading up to claiming that them voting for children to go hungry was part of the health drive to reduce the childrens risk of catching Covid? Wouldn't put it past them.    
  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies

contant calls from Aktiv Kapital re MBNA debttoo


Please note that this topic has not had any new posts for the last 2746 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Like the OP I've also been getting numerous calls from Aktiv Kapital even after I asked in writing that they stop phoning and communicate only in writing. Today I phoned Ofcom to complain and they told me they don't deal with this type of complaint and that I should complain to the Informations Commissioner's Office. She gave me their phone number as 01625-545745. I'll phone them tomorrow but I think they deal more with unwanted marketing calls. I think Ofcom may have misunderstood my complaint though i don't know how. Has anyone complained to the ICO before?

Link to post
Share on other sites

Yes, the mistake you made is asking NOT TELLING them to communicate in writting only.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites
Yes, the mistake you made is asking NOT TELLING them to communicate in writting only.

My actual wording was 'I request that any communication with yourselves be only in writing' followed by medical reasons for this request. I then noted the dates and times of their calls and wrote 'I find that attempting to call someone at least 23 times over only 8 days – and commencing as early as 8.22am totally unacceptable harassment and, as per my above request, should be stopped immediately.' Is that not clear enough? :???:

Link to post
Share on other sites

ICO if you must complain

 

if you've other debts ot troubles

 

get a truecall box

 

best money you'll ever spend

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

The rules are here: http://www.oft.gov.uk/shared_oft/consultations/OFT664Rev_Debt_collection_g1.pdf

 

and this seems to be your bit:

3.3.(k) ignoring or disregarding debtors' reasonable requests in respect of when, where and how to contact them

 

Write to them firmly - no requesting them, tell them. Quote the OFT Guidelines in your letter.

Love your enemies - it drives them crazy.

Thanks to Bobby Thompson (1911-1988) for the user name:"Let them knock, the paint lasts longer than the skin".

nec temere nec timide

 

So far, all done free for friends:

Cabot - F&F reduced debt by £7700 (70%)

NatWest - PPI claim - £1,800

NatWest - PPI claim - £6,200

NatWest - PPI claim - £3,000

Co-op Bank - PPI claim - £5,200

Halifax - PPI claim - £2,800

NatWest - debt identified as statute barred - £1,900

NatWest - debt identified as statute barred - £2,700

NatWest - loan identified as unenforceable - £13,400

Link to post
Share on other sites
The rules are here:

and this seems to be your bit:

3.3.(k) ignoring or disregarding debtors' reasonable requests in respect of when, where and how to contact them

 

Write to them firmly - no requesting them, tell them. Quote the OFT Guidelines in your letter.

 

Thanks very much. Have emailed them so will see if it works this time. First call today was at 8.06am!!!! I suffer with insomnia so it's absolute torture being woken when I've finally fallen asleep :x

Link to post
Share on other sites
  • 3 months later...

I emailed Aktiv with a CCA request on the 29th January.

 

They replied on the 6th Feb saying they'd contacted the original creditor for copies of the original documentation and would be in touch.

 

They also said that

 

'in the meantime, I have placed your account on hold and it will remain so until I am able to bring the matter to a satisfactory conclusion'.

 

Due to health issues I didn't chase them up but they sent a letter dated 21/2/2013 confirming that they were still waiting on the info and the account was still on hold.

 

I'm sure they also sent similar letters in March and April but I can't find them at the moment.

Again due to ongoing health issues and DWP problems, I didn't send Aktiv a 'you've committed an offence by not providing CCA in time' letter but I don't know if that makes any difference.

 

I've now received the attached copy letter dated 10/5/2013

attaching a copy of my original MBNA application form from 1999.

 

I've also attached copies of both the front and back of the form (without personal info of course).

I didn't think an application form could be used as a CCA but thought I'd better ask the experts before I write back to Aktiv.

 

They also attached copy MBNA statements since I went on to a token payment plan of £10 in March last year.

 

I'm not trying to shirk the debt but,

 

to cut a long story short, the debt (just over £10K) belongs to my son but unfortunately the credit card was in my name.

 

He was paying the debt for years but, he's now got married and with his wife's influence has cut off all contact with me and left me with the debt :-x:-(

 

I already knew that with the account being in my name there was nothing I could do

but I did check with Citizens Advice who said the same.

 

I'm disabled, not able to work and not in a position to repay.

I was hoping to maybe negotiate a Full & Final settlement when I reach retirement age in about 13 years if I get a lump sum from my very small private pension plan.

 

Prior to requesting a CCA, Aktiv had twice written offering a discount (only just over £1K off the debt)

- the frst time was in December last year and in only their 2nd letter to me)

but having read threads on here, with them offering a discount, it makes me wonder if the debt is unenforceable?

 

Please can anyone advise if the debt will be unenforceable and what should I do now. Any help is very much appreciated.

Link to post
Share on other sites

To small to read, do the following:

 

The below is copied and pasted from DX100UK...

 

************************* ************************* ************************* *******

 

we've never had any issues if you FOLLOW THE GUIDE

about posting stuff up.

 

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

DO NOT USE ANY PDF EDITOR TO BLANK STUFF, THAT CAN BE REMOVED

************************* ************************* ***********

DO IT IN MSPAINT.EXE or any photo editing program

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

convert existing PC files to PDF [office has an installable print to PDF option]

..

goto one of the many free online pdf converter websites [http://docupub.com/pdfconvert/]

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

i'e Default notice dd-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

Link to post
Share on other sites

Hi, There is NO offence in failing to comply with a CCA request and this has been so for some years, the only restriction is the creditor /DCA cannot enforce the debt via the court system.

 

When was the account defaulted, and when was the last payment made?

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

I see that a payment has been made as recently as March 2012 which has restarted the 6 year limitation on the debt.

 

Does this application form have all the terms & Conditions and all the relevant financial data.?

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

[ATTACH=CONFIG]43977[/ATTACH]

[ATTACH=CONFIG]43975[/ATTACH]

[ATTACH=CONFIG]43976[/ATTACH]

 

daverules - thanks very much for the help. I've re-attached the docs and hope I've done it right :)

 

Sorry it's still not right. The pdf's show ok on my manage attachments once I've uploaded them from my laptop and I clicked on insert inline but the links seem to be going back to my laptop!

 

Ahha. have people to save the attachments to their own computers in able to see them?

Edited by Bob Spiers
Link to post
Share on other sites

From what I can see that is one of the MBNA dual app/agreement forms!

It has what appears to be a acceptance stamp of some sort.

Are all the Ts & Cs there ?

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites
Hi, There is NO offence in failing to comply with a CCA request and this has been so for some years, the only restriction is the creditor /DCA cannot enforce the debt via the court system.

 

When was the account defaulted, and when was the last payment made?

 

Thanks about the offence bit...glad I hadn't written to them. It was March 2012 when normal payments were stopped and I immediately contacted MBNA advising them of the situation along with my budget sheet and stuff I'd downloaded from the CCCS website. Although my budget sheet showed there was nothing left to make any payment at all to MBNA, I said I'd pay £10 monthly which I did from March 2012 till October 2012 inclusive. I stopped payment as that was when MBNA sold the debt to Aktiv and MBNA said to stop payments to themselves. (I really didn't think MBNA should've sold it at that time as I was still awaiting them to deal with a SAR request I'd made. (I never got the SAR request from MBNA till about March this year!) MBNA sent me default in September 2012.

 

I've not checked Experian or Equifax but I joined Noddle and although Aktiv said the account was on hold I see they have actually now have placed a default on my Noddle account on 28/4/2013.

 

HTH

Link to post
Share on other sites
From what I can see that is one of the MBNA dual app/agreement forms!

It has what appears to be a acceptance stamp of some sort.

Are all the Ts & Cs there ?

 

Thanks for such a quick response. It's the required terms & Conditions and all the relevant financial data that confuses me. I really don't know what exactly should be there. There's no specific credit limit or APR on the front page as that was just me applying for it. MBNA did their usual trick of increasing the credit limit several times over the life of the account. I think it started at about £1000 or £1500 and ended up as much as £12500 without them even checking my financial circumstances as I hadn't been able to work since 2000! Of course it didn't matter at the time as my son was using the account. Hindsight's such a wonderful thing :roll:

 

PS. I assume the acceptance stamp is maybe them approving my application.

Link to post
Share on other sites

The CRA entry should have the sept 2012 default date!

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites
The CRA entry should have the sept 2012 default date!

Oops sorry just realised the 28/4/2013 date is 'updated' date. when I click on the details it says 'date of default' 31/10/2012 which sounds about right. I couldn't remember if it was September or October that MBNA said it was in default. MBNA doesn't appear on my Noddle report only Aktiv.

 

Thanks for all your help.

Link to post
Share on other sites

The T&Cs should be on the reverse of the pages and if any amendments were made during the 'life' of the agreement or if any ''further'' t&c are mentioned in the agreement they should also be provided.

 

The credit limit part is a standard practice.

 

Yes it is a stamp of approval.

 

What else was provided with the SAR data?

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites
  • 2 weeks later...
The T&Cs should be on the reverse of the pages and if any amendments were made during the 'life' of the agreement or if any ''further'' t&c are mentioned in the agreement they should also be provided.

 

The credit limit part is a standard practice.

 

Yes it is a stamp of approval.

 

What else was provided with the SAR data?

Sorry I've taken so long to reply but I can't really make head nor tail of everything. :???:

The SAR request stuff I received from MBNA was all A4 paper prints totalling about half to threequarters of an inch thick. There's a copy of the application that Aktiv sent me plus a printout of all transactions on the credit card, quite a number of pages that look as if it was any MBNA actions on the account like waiving a fee, issuing a new card etc. The majority of paperwork seems to be computer print outs of notes on the account and a glossary and abbreviation of terms.

 

Is there something specific I should be looking for?

Link to post
Share on other sites

Is the 'agreement' supplied with the SAR exactly the same as the one already received?

How was this app made, online, by post using a promotional form please?

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites
Is the 'agreement' supplied with the SAR exactly the same as the one already received?

How was this app made, online, by post using a promotional form please?

 

Yes, it's the exact same 'agreement'. The app was done by post (I wasn't online in 1999 LOL).I can't remember the details of the app but looking at the form, I've handwritten all my details but my name and address plus a ref no are typed in the address box at the top left so I dont know if it was maybe a promotional form that was sent to me. :???:

Link to post
Share on other sites

I asked because back then MBNA used some very dodgy dual purpose app/agreement form that did not have all the Ts & Cs and these were sent out in booklet form when the card was issued.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites
I asked because back then MBNA used some very dodgy dual purpose app/agreement form that did not have all the Ts & Cs and these were sent out in booklet form when the card was issued.

 

I tend to keep everything and have got every statement right back to when I first opened the account in 1999 and loads of blank cheques they've sent me over the years but the earliest letter with some of those is dated 2001 and i don't have any booklet or any letters or T&C's earlier than that.

Link to post
Share on other sites

Does it mention any other document in those Ts & Cs?

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...