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Intrum Justitia Arghhhhhh, help please


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:-? I sent a cca to intrum on the 28th feb 2007, they cashed the postal order and then i recieved a letter stating they were unable to provide the info that i had requested and in light of the this, can confirm that the account had been returned to Aktiv Kapital, i will receive no further telephone calls or correspondence from Intrum regarding this account, any further enquiries to be forwarded to Aktiv Kapital.

A cheque for the £1 will be returned separately.

 

iI immediately rang Aktiv Kapital who said they had no details about it being returned or it going to be returned to them.

 

About a week later i received a cheque off Intrum for the £1 fee, which i have filed away.

 

Am i correct in understanding that they cannot do this once the account is in dispute.

 

I imediately sent them a letter as follows

IntrumJustitia

FAO Lucy Osbourne

PO.Box 7182

Harlow

CM19 5WF

Wednesday 14th March 2007

Dear Sirs,

 

Reference: First National Tricity Finance

A/c Number:

Thankyou for the reply dated 12th March with regards to my request of a True copy of the credit agreement.

As you have been collecting payments and you you have cashed the postal for the statutory fee of £1, it is your responsibility top comply with my request within the statutory time limit.

Failure to do so will result in a complaint to the relevant authorities. I look forward to receiving the above.

Yours faithfully

Anyway, here I am minding my own business this morning when i received yet another letter off the wonderful Intrum Justitia, stating

 

We confirm your account has been removed from our files and further coorespondence should be sent to Aktiv Kapitol.

 

 

 

What do I do now, have they broken the law in doing this as it was already in dispute, or do I now cca Aktiv Kapitol, arghhhhhhh, can someone please help:confused:

Regards,

Rinkydinkydoo

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:confused: I sent a cca to intrum on the 28th feb 2007, they cashed the postal order and then i recieved a letter stating they were unable to provide the info that i had requested and in light of the this, can confirm that the account had been returned to Aktiv Kapital, i will receive no further telephone calls or correspondence from Intrum regarding this account, any further enquiries to be forwarded to Aktiv Kapital.

A cheque for the £1 will be returned separately.

 

iI immediately rang Aktiv Kapital who said they had no details about it being returned or it going to be returned to them.

 

About a week later i received a cheque off Intrum for the £1 fee, which i have filed away.

 

Am i correct in understanding that they cannot do this once the account is in dispute.

 

I imediately sent them a letter as follows

 

IntrumJustitia

FAO Lucy Osbourne

PO.Box 7182

Harlow

CM19 5WF

Wednesday 14th March 2007

Dear Sirs,

 

Reference: First National Tricity Finance

A/c Number:

Thankyou for the reply dated 12th March with regards to my request of a True copy of the credit agreement.

As you have been collecting payments and you you have cashed the postal for the statutory fee of £1, it is your responsibility top comply with my request within the statutory time limit.

Failure to do so will result in a complaint to the relevant authorities. I look forward to receiving the above.

Yours faithfully

Anyway, here I am minding my own business this morning when i received yet another letter off the wonderful Intrum Justitia, stating

 

We confirm your account has been removed from our files and further coorespondence should be sent to Aktiv Kapitol.

 

 

 

What do I do now, have they broken the law in doing this as it was already in dispute, or do I now cca Aktiv Kapitol, arghhhhhhh, can someone please help:confused:

Regards,

Rinkydinkydoo

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As i understand it you have made a CCA request regarding an alleged debt where intrum justitia acted on behalf of aktiv kapital.

although intrum has stated that they will pass the account back to aktiv, YOUR CCA REQUEST STILL STAND.

It is now aktiv kapital burden to comply.

Please any more informed peoples correct me...

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Hi RDD,

 

I had the same from IJ, I have been paying them for 14 years for a debt, I sent them a CCA request and they sent me the same letter as yours, I have done nothing.

 

You can do nothing, you have contacted Aktiv Kapital whom say they have had not had the debt returned to them, If the debt had been sold to IJ then IJ have failed to produce the CCA wait a further month then they commit a criminal offense, the debt cannot be enforced while the account is in dispute.

 

IMOP I would sit back and do nothing:)

 

nanna

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Good morning all. I have receieved a wonderful (not) letter from Aktiv Kapital this morning.

They are saying they have requested a copy of the origional cca under the consumer credit act 1974 section 77/78, but they were unable to retrieve it as it is an aged debt.

 

This is the good bit, lol,

As you have made payments towards discharging the balance there can be no dispute of the balance, (PROVE IT I SAY TO MYSELF, THE CHEEK OF THEM) hence we do not see the relevence of the copy application form, (and the rest they should send) with respect you should have kept your own copy. The b....y cheek of them.

 

Does anyone have any idea as what I should do and send to them next, all help would be appreciated, they have got me so wound up, I,ll not back down, lol.

:D

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Good morning all. I have receieved a wonderful (not) letter from Aktiv Kapital this morning.

They are saying they have requested a copy of the origional cca under the consumer credit act 1974 section 77/78, but they were unable to retrieve it as it is an aged debt.

 

This is the good bit, lol,

As you have made payments towards discharging the balance there can be no dispute of the balance, (PROVE IT I SAY TO MYSELF, THE CHEEK OF THEM) hence we do not see the relevence of the copy application form, (and the rest they should send) with respect you should have kept your own copy. The b....y cheek of them.

 

Does anyone have any idea as what I should do and send to them next, all help would be appreciated, they have got me so wound up, I,ll not back down, lol.

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Send them a non-compliance of CCA letter and go from there.

 

This one will make them take notice.

I refer to my letters dated XXXXXXXX which was delivered via recorded delivery to your offices on XXXXXXXX, and my follow up letter dated XXXXXXXX.

 

In my letter xxxxxxI made a formal request for a copy of the signed, executed credit agreement for the above numbered XXXXXXXX account under section 77(1) and section 78(1) of the Consumer Credit Act. In addition a statement of my account should have been sent along with any other document mentioned in the credit agreement.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, Your company commit an offence. These time limits expired on XXXXXXXX and XXXXXXXX respectively.

 

As you are no doubt aware subsection (6) states:

 

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.

 

Therefore as at XXXXXXXX this account became unenforceable at law and it is now my intention to refer this matter to the enforcement authorities.

 

Any default notices or adverse comments your company have recorded on my credit reference file should be immediately removed.

 

Failure to respond favourably to this letter within seven (7) days of receipt will result in immediate litigation being commenced against your company without further notice.

 

I await your rapid response.

 

Your etc

 

BLAH

Also seems that you need to take a breath and calm down.

Let THEM do all the work !!

DON'T call them, everything in writing ONLY.

Be VERY careful whose advice you listen too

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Good morning all. I have receieved a wonderful (not) letter from Aktiv Kapital this morning.

They are saying they have requested a copy of the origional cca under the consumer credit act 1974 section 77/78, but they were unable to retrieve it as it is an aged debt.

 

This is the good bit, lol,

As you have made payments towards discharging the balance there can be no dispute of the balance, (PROVE IT I SAY TO MYSELF, THE CHEEK OF THEM) hence we do not see the relevence of the copy application form, (and the rest they should send) with respect you should have kept your own copy. The b....y cheek of them.

 

Does anyone have any idea as what I should do and send to them next, all help would be appreciated, they have got me so wound up, I,ll not back down, lol.

I cannot believe they would actually be stupid enough to write something like that. They have opened a huge can of worms for themselves. No doubt the courts would make mincemeat of them but they have admitted they have no legal authority to collect any debt. In fact they cannot even prove one exists. Enjoy the sweet smell of success or is that the smell of Aktiv slipping deeper into the mire

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To be fair Aktiv hasn't complied with your request for a copy of the original agreement under the CCA and as the CCA states whilst they are in default for supplying the agreement, they are not entitled to enforce the debt.

 

It is my opinion that this is just scare tactics and that they are trying to coax you back into paying this debt.

 

It is tricky, although they have failed to provide the agreement, should they take it to court the court is only interested in whether you borrowed the money and would more than likely mean you would lose the case and be liable for costs.

 

However, I think that this would be unlikely because Aktiv have not complied with the CCA request and they would face slapped wrists etc with regards to not supplying the agreement.

 

It may be worth writing to your local Trading Standards and the Information Commissioner or just sitting back to see what other tricks Aktiv have up their sleeve....

Completed:

Woolwich: Received £30

Intelligent Finance: Received £1100 after two years and approximately 20 letters, 6 pieces of hair and an eyeball.

Barclaycard: Received £90

HFC: Received £170

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To be fair Aktiv hasn't complied with your request for a copy of the original agreement under the CCA and as the CCA states whilst they are in default for supplying the agreement, they are not entitled to enforce the debt.

 

It is my opinion that this is just scare tactics and that they are trying to coax you back into paying this debt.

 

It is tricky, although they have failed to provide the agreement, should they take it to court the court is only interested in whether you borrowed the money and would more than likely mean you would lose the case and be liable for costs.

 

However, I think that this would be unlikely because Aktiv have not complied with the CCA request and they would face slapped wrists etc with regards to not supplying the agreement.

 

It may be worth writing to your local Trading Standards and the Information Commissioner or just sitting back to see what other tricks Aktiv have up their sleeve....

 

Does anyone else think they are likely to take the matter to court, this has taken the edge off my smile now:confused:

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Quote:

Originally Posted by poochball viewpost.gif

To be fair Aktiv hasn't complied with your request for a copy of the original agreement under the CCA and as the CCA states whilst they are in default for supplying the agreement, they are not entitled to enforce the debt.

 

It is my opinion that this is just scare tactics and that they are trying to coax you back into paying this debt.

 

It is tricky, although they have failed to provide the agreement, should they take it to court the court is only interested in whether you borrowed the money and would more than likely mean you would lose the case and be liable for costs.

 

However, I think that this would be unlikely because Aktiv have not complied with the CCA request and they would face slapped wrists etc with regards to not supplying the agreement.

 

It may be worth writing to your local Trading Standards and the Information Commissioner or just sitting back to see what other tricks Aktiv have up their sleeve....

 

Does anyone else think they are likely to take the matter to court, this has taken the edge off my smile now

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I wouldnt worry. They would need a copy of the agreement to prove the debt exists. Also they would need to prove THEIR right to colect it. Thats my opinion but doubtless some wiser more experienced folk can give you the legal view. Keep smiling

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Hi

 

As stated already, if a creditor does not comply with a s77/78 request, he is not permitted to enforce the agreement until such time (if at all) that he does comply.

 

As Aktiv have confirmed in writing that they cannot comply then they will not be able to enforce.

 

I would send the letter as recommended by Curlyben and add that if they continue to attempt to enforce the agreement that you will commence proceedings under the Protection from Harassment Act.

 

If they are stupid enough to ignore this and start court action against you then you should demand that they produce the agreement they are attempting to enforce. The fact that they could prove that you received the money/goods means nothing - No agreement - No debt!

 

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

 

As stated already, if a creditor does not comply with a s77/78 request, he is not permitted to enforce the agreement until such time (if at all) that he does comply.

 

As Aktiv have confirmed in writing that they cannot comply then they will not be able to enforce.

 

I would send the letter as recommended by Curlyben and add that if they continue to attempt to enforce the agreement that you will commence proceedings under the Protection from Harassment Act.

 

If they are stupid enough to ignore this and start court action against you then you should demand that they produce the agreement they are attempting to enforce. The fact that they could prove that you received the money/goods means nothing - No agreement - No debt!

 

Regards, Pam

 

Thanks Inkogneeto, will do that ASAP,

regards,

Rinkydinkydoo:-)

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HI

 

I concur with the above except i would quote the administration of justice act 1970 section 40 to get them off your back i have found the harresment act is more suitable for personal harresmnet stalkers etc.

 

1970 Administration of Justice act section 40

PUTTING PRESSURE ON DEBTORS OR THIRD PARTIES IS CONSIDERED TO BE OPPRESSIVE

This includes:

· Contacting you too frequently

· Pressurising you to sell property or take out more debt

· Using more than one collection company at the same time or not telling you when your debt has been passed to another company

· Pressurising you to pay in full or in large instalments you cannot afford

· Making threatening gestures or statements

· Ignoring disputes about whether you owe the money

· Trying to embarrass you in public or threatening to tell a third party about your debts such as a neighbour or your family

Regards

Peter

  • Haha 1

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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HI

 

I concur with the above except i would quote the administration of justice act 1970 section 40 to get them off your back i have found the harresment act is more suitable for personal harresmnet stalkers etc.

 

1970 Administration of Justice act section 40

PUTTING PRESSURE ON DEBTORS OR THIRD PARTIES IS CONSIDERED TO BE OPPRESSIVE

This includes:

· Contacting you too frequently

· Pressurising you to sell property or take out more debt

· Using more than one collection company at the same time or not telling you when your debt has been passed to another company

· Pressurising you to pay in full or in large instalments you cannot afford

· Making threatening gestures or statements

· Ignoring disputes about whether you owe the money

· Trying to embarrass you in public or threatening to tell a third party about your debts such as a neighbour or your family

 

Regards

 

Peter

 

Aaaarrgh! Peter is right and I am wrong! I'm going to sulk now! :oops::-|:D

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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Aaaarrgh! Peter is right and I am wrong! I'm going to sulk now! :oops::-|:D

 

Hey, dont sulk, its a holiday you know, its a time to be happy, LOL, or not if you have to sand the floor and do the painting, I,d much rather be in Chester doing some serious retail therapy.:)

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Hey, dont sulk, its a holiday you know, its a time to be happy, LOL, or not if you have to sand the floor and do the painting, I,d much rather be in Chester doing some serious retail therapy.:)

 

Hi

 

I'm only sulking 'cos Peter keeps telling me that women won't admit when they're wrong and I've told him that this is because we're never wrong! :D:cool::lol:

 

But this time I've had to admit it for the benefit of accuracy and now I'll never hear the end of it! :o;)

 

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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But try telling Peter that!! :D

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'm off to the shops to get another frame and some ink for me printer:)

 

 

Regards

 

Peter

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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HI Pam

 

It;s not true that you will never hear the last of it

 

Peter

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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