Aktiv Kapital Debt

[steveweb]

Hi everyone.

This is my first post so I apologise if it is in the wrong place.

 

I am currently in a DMP with Step Change.

 

I had a MBNA credit card which went to Thames Credit and eventually to Aktiv Kapital.

 

The debt now stands at approx. £5200.00.

 

The original debt with MBNA was approx. £2300.00 before it was passed on.

 

Aktiv Kapital keep adding interest to this debt on an annual basis so I end up paying less than the interest that is added so the debt keeps going up.

 

Is there any way I can get them to freeze this and put the debt back to the original amount.

 

They keep sending me letters offering a discount if I pay the debt in full. Any help would be appreciated. Thank you.

[BRIGADIER2JCS]

Hi welcome to CAG,

 

Does this show on your CRA files?

 

I think you need to make a SAR to MBNA to get all the data on this account, interest on this is doubtful imo.

 

Also a CCA Request to Arrow Global may help to shed some light.

 

You can certainly write to the Compliance Director at AG and ask for an explanation on the interest and seek a freeze.

[citizenB]

Do you know if a Default Notice and termination notice was issued prior to the sale of the account to Aktiv Kapital - I am not sure they can add interest to the account ?

 

Were you in a payment arrangement prior to the sale and had MBNA ceased adding interest ?

 

Have you received copies of the agreement and terms and conditions to see if there is a clause that allows this ?

[steveweb]

hi. many thanks for your replies.

 

the debt has been with aktiv capital for about 3 years.

 

if I recall, I was issued a default notice by mbna and informed it would be passed to a dca.

 

I then incorporated this debt into the debt management plan with the others I have.

 

they are the only ones adding interest.

 

should I contact them and ask them to freeze it and refund the interest they have already added to the debt.

 

I am unsure where to go with this.

[citizenB]

You certainly need to establish under what right they are adding interest to the account. Unless there is a provision in the agreement for them to do this, I don't think they can.

[steveweb]

many thanks for your quick replies.

 

can I just ask a question,

 

as you may have gathered, I am not that clued up about debt collection.

 

if I send a cca request to all the debt collection agencies and they cannot provide the original paperwork, What does this mean for me.

 

with the help of a family member I was hoping to try and get full and final settlements on my debts.

 

I currently owe £22k (which should be approx. £18k without the Aktiv Kapital interest).

 

My aunt is willing to give me £8K to try and clear these debts but I don't know if that would be enough for them to settle,

 

any ideas on this. thank you again.

[citizenB]

Yes, I think that might be a good idea - CCA and or SAR requests to all those creditors involved.

 

CCA requests to the current owners of the accounts and SAR requests to the Original Creditors.

 

If they are unable to provide the documents requested, then this could give you some negotiating power, especially in respect of MBNA/Aktiv !

 

It would also let you see if there was any default charges or Payment Protection Insurance added to the accounts - which you could attempt to reclaim.

[BRIGADIER2JCS]

Hi the CCA regulated agreement request is just a request for the document, it is not intended to provide proof or lack of liability for a debt.

 

The non compliance with a CCA request basically stops enforcement via the courts, BUT the debt still exists, remains payable and collectable by any means other than court action, the creditor/DCA continues to report the account to credit reference agencies.

 

There is now the 'facility' for the provision of 'reconstituted' agreements to satisfy a sections 77/78 CCA request under CCA 1974 (as amended) this type of document can lead to a court deciding that liability subsists, if presented with evidence of useage of a credit facility e.g. use of the account and payments made to it.

[Guest]

have you checked your cra files as brig asked? if there is a default, then they should not really be adding interest. in any event, under a dmp interest should usually stop or at the very least be reduced

[northernbloke]

many thanks for your quick replies. can I just ask a question, as you may have gathered, I am not that clued up about debt collection. if I send a cca request to all the debt collection agencies and they cannot provide the original paperwork, what does this mean for me. with the help of a family member I was hoping to try and get full and final settlements on my debts. I currently owe £22k (which should be approx. £18k without the Aktiv Kapital interest). My aunt is willing to give me £8K to try and clear these debts but I don't know if that would be enough for them to settle, any ideas on this. thank you again.

 

My debt is a lot less, under £1000 and they have agreed to accept about 2/3rds of it as full and final.

[dx100uk]

My debt is a lot less, under £1000 and they have agreed to accept about 2/3rds of it as full and final.

 

you need to find out why they are offering a short settlement?

 

PPI/PENALTY charges?

 

dx

[dx100uk]

many thanks for your quick replies.

 

can I just ask a question,

 

as you may have gathered, I am not that clued up about debt collection.

 

if I send a cca request to all the debt collection agencies and they cannot provide the original paperwork, What does this mean for me.

 

with the help of a family member I was hoping to try and get full and final settlements on my debts.

 

I currently owe £22k (which should be approx. £18k without the Aktiv Kapital interest).

 

My aunt is willing to give me £8K to try and clear these debts but I don't know if that would be enough for them to settle,

 

any ideas on this. thank you again.

 

something very wrong here

 

you need to get that CCA & sar done.

 

theres a really serious reason why they sold a debt of £22k!!

 

you need to find it!1

 

dx

[steveweb]

i think there has been some confusion,

 

I owe £22K in total to all creditors, not to Aktiv Kapital.

 

I have just looked back on my paperwork and they originally took over the debt from MBNA with a balance of £1501.00.

the current balance is £5070.00 after the interest they have added.

 

what is the next step after requesting a CCA.

 

sorry for all the questions but I am not in the know with regards to this.

[Guest]

as asked, have you checked your cra files? is there a default? when?

[steveweb]

I have checked both Experian and Equifax and the debt does not show, many of my others show as default but I cannot find the one from MBNA/Aktiv Kapital

[Guest]

that might explain why they are continuing with interest (although they shouldn't if financial difficulties and in an dmp. dmp provider should've ensured interest freeze.),

ie maybe they have not defaulted it and it is poss down as a variation in payments re the dmp.

but even then it should be marked as such.

 

usually when an a/c is defaulted interest stops.

 

but, if it has been sold on, then usually it would've been defaulted.

 

so, you need to check and get that interest stopped, and even better backdated. complain. 3.5k is alot of interest!

 

a time order can poss stop interest if else fails. eg http://www.consumeractiongroup.co.uk/forum/showthread.php?382658-Time-Orders

 

sar info to original creditor should show their account/default activity, etc

 

see what others say

Edited September 11, 2013 by Ford