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Aktiv Kapital old debt threat letters

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Hi again

 

 

I have copied below the relevant sections of the CCA 1974.

 

 

 

s77 relates to fixed sum agreements such as loans and store purchases and s78 relates to running accounts such as credit cards.

 

 

 

 

77 Duty to give information to debtor under fixed-sum credit agreement

(1) The creditor under a regulated agreement for fixed-sum credit, within the prescribed period (this period is 12 working days) after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a) the total sum paid under the agreement by the debtor;

(b) the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and

© the total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due.

 

78 Duty to give information to debtor under running-account credit agreement

(1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a) the state of the account, and

(b) the amount, if any, currently payable under the agreement by the debtor to the creditor, and

© the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

(6) If the creditor under an agreement fails to comply with subsection (1)—

(a) he is not entitled, while the default continues, to enforce the agreement; and

(b) if the default continues for one month he commits an offence.

 

Just so as you know we're not making it up as we go along!:D:D

 

Regards, Pam


VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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thanks for your time and help pam. i feel a lot better now,i will keep you posted as soon as i hear anything. hope you can point me in the right direction if they dont reply befor the 15th feb ?

thanks mykeie

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No problem mykeie,

 

Just post up again when anything happens - or not. :D:D

 

Regards, Pam


VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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hi there had a letter this morning from Aktiv Kapital it goes.

 

We acknowledge receipt of your £1 payment for a copy of agreement.

However for us to comply with the data protection act we request that you provide us with your previous address in the last 10 yearts and can you please confirm your date of birth.

this seems strange if they already know abbout me and should have all this in the documents they claim to have regarding my so called debt??

is there anything i shoud do as the 15th is the deadline for the reply from the cca request ??

thanks mykeie

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hi there had a second letter this morning from Aktiv Kapital looks like they dont know what they are doing it is the same as the ine i had yesterday, it goes.

 

We acknowledge receipt of your £1 payment for a copy of agreement.

However for us to comply with the data protection act we request that you provide us with your previous address in the last 10 yearts and can you please confirm your date of birth.

i sound like they dont have anything in my name or they would know all this ??should i ignor this letter and let them find the information? only 2 days to go b4 the 12 days are up on the cca request. what action do i need to take if i get no reply by this date ?

thank mykeie

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Hi mykeie

 

What a load of cobblers!!

 

You could try something like this as a response or do nothing and just let time pass, it's up to you. If it was me I'd send the letter just for the hell of it! :D

 

Address

 

Ref No..............

 

Date

 

 

dear sir/ madam

 

Re: My request under s77/78 of the Consumer Credit Act

 

I write in connection to your letter of ........, requesting further information in this matter.

 

You have previously written to me on a number of occasions demanding repayment of a debt that you claim to have purchased and allegedly owed by me.

 

I note that you did not request information as to my previous addresses or date of birth before claiming that I owe you money. It is to be assumed therefore that you already have all the information you required to verify my identity and alleged responsibility for this debt.

 

As the new creditor in relation to this alleged debt, you are obliged to comply with my request for a copy of the credit agreement in respect of which you are pursuing me. This is my right under the Consumer Credit Act.

 

I am not obliged to provide you with any further information in order to obtain a copy of the agreement and consequently look forward to receiving the requested copy document within the statutory time scale.

 

Yours lovingly etc


VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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hi there had a second letter this morning from Aktiv Kapital looks like they dont know what they are doing it is the same as the ine i had yesterday, it goes.

 

I just watched CEO of active capital give out the financial details of Q3 2006. In his presentation, he said that AK had bought 2.1 BILLION worth of debts (Norweigan Krona) for just 176 million (NOK) !! Feck,,,least we now how much they pay for a debt...that's less than 10%!!! That info is 7minutes 40 secs into presentation

 

login


Just hate every DCA out there

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thanks for that thought the same as you on this one the letter is on it way right now!! will reply tomorrow evening to let you know if they have responded in time for the cca request? hope you can guide me from there ?

thank again mykeie

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nice presentation by Aktiv Kapital dont you think ??not!! thanks for that pmhcfc ;)

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hi there 12 days have past since i did a cca request and no response from Aktiv Kapital?? can anyone tell me what the next step of action is please as i dont know what happens next?

thanks mykeie

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Hi again mykeie

 

Did you send the letter in response to their demand for your addresses etc. or not ?

 

You need to allow 12 working days plus 2 extra for delivery, just to be on the safe side. Once this time has elapsed, then they cannot enforce the debt against you unless they subsequently send a copy of the 'actual' agreement you signed (not a sample copy!).

 

I would sit tight and wait for the further 30 days to elapse, by which time if no agreement has been sent then they will also have committed a criminal offence. Do not enter into any conversations over the phone in the meantime and let us know if they send any more b******t letters to you. :)

 

Regards, Pam


VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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hi pam. i sent that letter regarding the information they wanted on me about date of birth and address. and it is 15 days now since i sent the cca request?? no more letters yet from them?

thanks mykeie

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Hi

 

Well, just sit back and wait for their time to run out! :D

 

regards, Pam


VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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Mykeie, if all three of your reports show nothing about Tricity ad Aktiv, then

the debt is unenforceable in Court because it is out of date.

You can either ignore them, or write back and tell that you do not acknowledge any debt with them. If they write again you will report them

to Trading Standards.

 

Is the Equifax thing?-Yes,I'm stupid!!:p

 

So you are saying that if the debt doesnt show up in Equifax (not sure what the other 2 would be), then they have no case against you?

 

How do I go about finding my credit rating from these three companies?


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So you are saying that if the debt doesnt show up in Equifax (not sure what the other 2 would be), then they have no case against you?

 

How do I go about finding my credit rating from these three companies?

 

Hi, welcome to CAG

 

Please read my post NO. 18 regarding entries on credit files.

 

regards, Pam


VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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Hi to every one, I have been reading through the forum and you seem to have lots of information on all of this. I would like to put forward my own problem and see if there is anything I can do or not. It maybe a long shot but its worth a try.

My husband came out of work 10 years ago, he had a accident at work, He had already a bank loan with TSB and a TSB Gold card. intially this was being paid for by the insurances that was taken out alongside them. Unfortunately they only paid for 12 Months. After this period of time my husband was still of sick and only receiving sick pay and invalidty. Therfore the full payments was not being made. They kept adding interest on to the debts for over a year even though we wrote and told them our situation and asked for them to stop adding the interest as we were only paying of the interest at the time . Anyhow to cut a long story short we was threatened to take to court, but they sent them to a debt collecting agengy of which we are still paying £30.00 per month on both of them. My problem at the time was the massive amount of interest that they put on making the debt as big as when the were intially taken out. Which is why after 10 years we are still paying the minimal amount. We still get hounded over the phone and letters. I know that there isnt a lot we can do but any info would be gladly appreciated. Shelly

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Hi to every one, I have been reading through the forum and you seem to have lots of information on all of this. I would like to put forward my own problem and see if there is anything I can do or not. It maybe a long shot but its worth a try.

My husband came out of work 10 years ago, he had a accident at work, He had already a bank loan with TSB and a TSB Gold card. intially this was being paid for by the insurances that was taken out alongside them. Unfortunately they only paid for 12 Months. After this period of time my husband was still of sick and only receiving sick pay and invalidty. Therfore the full payments was not being made. They kept adding interest on to the debts for over a year even though we wrote and told them our situation and asked for them to stop adding the interest as we were only paying of the interest at the time . Anyhow to cut a long story short we was threatened to take to court, but they sent them to a debt collecting agengy of which we are still paying £30.00 per month on both of them. My problem at the time was the massive amount of interest that they put on making the debt as big as when the were intially taken out. Which is why after 10 years we are still paying the minimal amount. We still get hounded over the phone and letters. I know that there isnt a lot we can do but any info would be gladly appreciated. Shelly

 

Hi Shelly

 

Welcome to CAG. It would be best if you started your own thread in the debt collections agency or LTSB forums as you will receive more relevant advice there. :)

 

Regards, Pam


VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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hi there just had another letter from Aktiv Kapital regarding my last address and date of birth?? again!! it reads:

 

we refer to your recent correspondence regarding the abouve accout ..........

 

in order for us to investigate this matter we need to clarify some personal information with you.

please provide us with a list of previous addresses, which you have lived at since 1993.

 

this is required to comply with data protection laws as we are unable to send personal information without first confirming the identity of the person this is to be sent to.

yours ....

 

now this may sound silly but who do they think they are sending these letters to??and does this effect the time scale of the cca request which is now up by 3 days??

any advise on this latest letter would be welcome.

many thanx mykeie

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Hi

 

I would be tempted to write back and say something like:

 

'I note that you state that due to Data Protection laws you are unable to send personal information without first confirming a person's identity.

 

You have obviously not previously confirmed the identity of the individual who is allegedly responsible for this debt and therefore I am not expecting any further communication from you, either directly or via a court, in respect of this matter since as you say, this would be a breach of data protection laws.

 

Well, they said it!! :D

 

Regards, Pam


VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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Mykeie, I have been away for a few days and am now desperately trying to

catch up. Did you get your credit files back from Equifax and Call Credit-and

if so, with what result?

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hi there got the roports back nothing on there about Aktiv Kapital at all ?? they keep sending me letters saying they need information about me it reads:

 

we refer to your recent correspondence regarding the abouve accout ..........

 

in order for us to investigate this matter we need to clarify some personal information with you.

please provide us with a list of previous addresses, which you have lived at since 1993.

 

this is required to comply with data protection laws as we are unable to send personal information without first confirming the identity of the person this is to be sent to.

yours ....

 

now this may sound silly but who do they think they are sending these letters to??and does this effect the time scale of the cca request which is now up by 3 days??

any advise on this latest letter would be welcome.

 

Also they have not yet responded to my cca request sent on the 29th of january!

many thanks mykeie

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Hi

 

Did you send a letter on the lines of my suggestion in post 45?

 

I think there may be something else behind their constant demand for more information on your I.D. It's possible that they really want it to verify that you are the right person who owes the debt!:mad: They should have done this before sending you demanding letters!!

 

If it was me, I would definitely send something along the lines of my suggestion above and see what their response is then. In the meantime of course, their time for complying with the CCA request is still running out.

 

Regards, Pam


VITAL - IF YOU HAVE AN ISSUE ABOUT THE INCREASED BAILIFFS' POWERS TO BREAK INTO YOUR HOME AND USE FORCE IN ORDER TO GET YOUR GOODS THEN JOIN THE PETITION HERE:

http://www.consumeractiongroup.c o....l#post53879 9

 

Anyone seeing this who wants to help by copying it to their signature please do.

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Inkogneetoh is quite right. So send her letter.

You have sent them a CCA request in response to their demands. There is no

record of them on your credit files so they may well have the wrong person.

It is up to them to prove that you owe the debt, not for you to prove you

do not owe it. If thay can't do that-end of story.

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thanks for the reply both of you its reassuring to me that you can point me in the right direction :) ill send the letter that you said pam in post 45 and see what they come up with and post if any reply

thamks agin mykeie

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