contant calls from Aktiv Kapital re MBNA debttoo

[Bob Spiers]

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?

[BRIGADIER2JCS]

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

[Bob Spiers]

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?

[dx100uk]

ICO if you must complain

 

if you've other debts ot troubles

 

get a truecall box

 

best money you'll ever spend

 

dx

[Bob Spiers]

ICO if you must complain

 

if you've other debts ot troubles

 

get a truecall box

 

best money you'll ever spend

 

dx

 

Thanks. Only got the Aktiv Kapital problem. The Truecall boxes sound really good, unfortunately I just don't have the money for one

[Let Them Knock]

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.

[Bob Spiers]

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

[Bob Spiers]

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

 

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.

[daverules]

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

[BRIGADIER2JCS]

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?

[BRIGADIER2JCS]

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.?

[Bob Spiers]

[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 May 21, 2013 by Bob Spiers

[BRIGADIER2JCS]

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 ?

[Bob Spiers]

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

[Bob Spiers]

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

 

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

[BRIGADIER2JCS]

The CRA entry should have the sept 2012 default date!

[Bob Spiers]

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.

[BRIGADIER2JCS]

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?

[Bob Spiers]

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?

[BRIGADIER2JCS]

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?

[Bob Spiers]

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.

[BRIGADIER2JCS]

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.

[Bob Spiers]

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.

[Bob Spiers]

Have zoomed in on the pdf of the reverse of the app that I posted and T&C's are on there.

[BRIGADIER2JCS]

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