Aktiv Kapital default...

[MrMatteh]

Where to start..

 

Im in need of a bit of help/advice... As Im not completely sure where to go from here.

 

Aktiv Kapital - I originally wrote to Aktiv K on 18th April, asking for a copy of my Default Notice, A True copy of the signed agreement, and any deed of assignment if the debt was sold on. Obviously the letter was sent recorded delivery (and it was signed for) - I received a reply to this request on 24th April. "Balance £0" followed by "We refer to your communication in respect of the above account and enclosed herewith copy statements as requested" all they enclosed was a photocopy of the signed agreement. Not happy with this reply,

 

I sent another letter (again, Recorded on 2nd May and it was signed for) explaining that it was the Default notice I was concerned about and asked them to substantiate this default.

 

I had received no reply by the 17th May, so I sent another letter asking that they answer my questions detailed in the previous letter, and explaining that they had 7 days in which to answer.

 

They then have sent me a letter dated 22nd May, again, telling me my balance is £0 and saying "We are pleased to advise that the above account is now clear. Please ensure any standing orders have been cancelled." - attached to this letter is a copy of my signed agreement (again) and also a letter dated 24th March 2004 which basically tells me that GE Capital have assigned the debt to Aktiv Kapital - now whats interesting, is that it says:

 

--

What should you do now

Immediate payment is now required on the full amount of £0.00 by one of the payment methods shown overleaf..

--

 

- There is also a compliment slip stapled to the covering letter (in response to my recent letter) that says "We are unable to provide you with a copy of the default notice. Please contact GE Capital for this."

 

Having thought I had sent a letter to the wrong people, I had a look at my Credit File on CreditExpert and had a look at the entry:

 

Company: Aktiv Kapital

Default Balance: £378

Current Balance: Satisfied

Defaulted on: 17/03/2004

 

 

now, the letter Aktiv Kapital *apparently* sent me dated 23/03/2004 says that they have now taken over this balance, and that my account balance is £0.00.

 

__

 

Now Im not sure where to go from here, as my CreditFile clearly states Aktiv Kapital and the date they put the default on... Any help?

 

Cheers

 

Matt.

 

(sorry its a bit long winded)

[MrMatteh]

To add to the above post, I checked my records today - and the balance for Aktiv Kapital was paid on 18/08/2004 - this was *after* they sent me a letter saying my balance was £0 (which they sent in March '04).. so Im tempted to demand a refund of any monies paid after they told me the balance was Zero.

 

What does anyone else suggest?

 

Cheers

 

Matt.

[MrMatteh]

Im going to write to Aktiv Kapital again today, and tell them that they are the ones that entered the default, and my credit file clearly states the name. Im going to demand that they remove it and if they do not then I will take this straight to the relevant places.

 

Any suggestions?

 

Cheers, Matt.

[elsinore]

Im going to write to Aktiv Kapital again today, and tell them that they are the ones that entered the default, and my credit file clearly states the name. Im going to demand that they remove it and if they do not then I will take this straight to the relevant places.

 

Did you give them a time limit to respond, Matt?

 

Elsinore

[MrMatteh]

HA!

 

Received an email from Aktiv Kapital today... which reads as follows:

 

_ Dear Sir

 

Following receipt of your letter dated 27th July 2006 I attempted to contact you by telephone this morning to discuss any outstanding matters and was advised by a third party that you were unavailable and would prefer response by mail - therefore, I am writing as directed.

 

I write to advise that we hold a copy of your original agreement and that this was issued to you as requested on 24th April 2004 - therefore a further copy of your original agreement is duly attached as requested.

We would point out that, as the account is closed on our system your information has not been 'processed' since the account was paid in full in August 2004 and that your credit file should now reflect the account as settled.

 

Should this not be the case we would ask you forward a copy of the entry in question and this will be investigated on your behalf.

 

I note that you have recently advised you have no recollection of the above account - being a River Island account commenced in October 2003 upon which a default was registered against you in March 2004. However, our records show that that during a conversation with ourselves on 14th July 2004 you gave us your updated address details and agreed a repayment plan of £20.00 per month to be paid on the 30th of each month. I am further able to advise that payment was not received in instalment and that Mrs XXX paid your account in full in August 2004 - the account was then closed on our system.

 

I trust the above is of assistance and now brings this matter to a conclustion.

Should you have any outstanding query kindly contact me on 01244 500656 or email [email protected]

 

Yours faithfully

 

V Toms (Ms)

Aktiv Kapital UK Ltd

__

 

A few points on this one -

 

1) How can they say my information is not being processed? My Credit File was last updated by them on 9th July 2006. My credit file does indeed show 'settled' - if they are still able to update my account, surely this information is being 'processed'.

 

2) I have never said I have no recollection of the account at all, I said I have no recollection of the default being issued onto my account.

 

3) How can a telephone conversation updating my address and agreeing a repayment plan tell me that I have not got a default on credit file? - either way, under CCA, they still have to issue me with a Default Notice.

 

...so, I plan on replying, with a nice email, to the effect of my points 1 - 3, and tell them they have until Friday to remove this entry from my Credit File or it's going to the ICO immediately, without any further delay!

 

Give me strength, did she just completely ignore my letter?!

[MrMatteh]

Anyone had experience of Trading Standards, OFT, ICO complaints?!

[elsinore]

 

Give me strength, did she just completely ignore my letter?!

 

Well, she ignored mine! At least their letter to you was signed.

 

Elsinore

[ncf355]

MM,

 

any progress with this?

[woolfie]

Do you have any update for us as i am about to start down the same road.

 

Do you have a contact address for them where i can send my letter?

 

thanks

 

W

[asbo11]

Woolfie - Check the details on the credit report if you have one, It should give their business address.

 

From my records its:

 

Aktiv Kapital LTD

Merchants House

Hamilton Place

Chester

CH1 2BE