Aktive Kapital ; another one for advice please.

[Samphire]

Hello just begining to tackle the debts after sitting on them for nearly a year now.

 

Brief biography - single mum of five teens, divorced 10 years back, used C.Cards n catalogues to live, went to uni as a mature student - got degree and £1500 debts in student loans. Got job, carried on using c.cards to live on as wage was not enough on top of the tax credits were taking back over payments.

 

Last year just could not face paying anther bill and just stopped have done a budet sheet and it confirms what I know I do not have the money to pay my debts. Last week I made payments of £5 to about 8 of the companies.

 

Today I have written to two very old debts (they are in my married name) and are being handled by a very unfriendly company Aktiv Kapital asking for proof of the debt ect ect ....

 

Now going to be seeking advice from people on here what to do with things like catalogue bills. I understand that I can request proof of me signing a credit agreement and could end up with the debt having to be written off (fingers crossed) just confused a littlle, because I was paying them before does that not over ride them possibally not having the proof I/they need?

 

Anyhow's looking forward to speaking with you

[katesage]

Hello Samphire

 

Welcome to the CAG forum:)

 

Firstly you need to read the FAQs, I'm making the assumption that in amongst all those credit cards and catalogues, you will also have bank charges to reclaim.

 

For credit cards and bank accounts, follow the FAQs and reclaim all charges.

 

For Debt Collection Agencies, Yes, you can send them a CCA letter asking for a copy of the original signed agreement, if they do not provide this then they will find it very tricky to pursue the debt. However, you do need to do lots of reading up in the Debt Forum to fully understand all the different angles. The fact that you have been making payments does not prevent you from doing this.

 

 

Send a DPA request off to all your original creditors, including catalogues, so that you have a full picture of how the debts have accumulated.

 

We are no longer advising to claim back just 6 years, if you have or can get the information needed to claim back further, go for it!

 

Start threads in all the different forums for each organization you will be dealing with and you will get specific help with each issue you face.

 

Loads of luck:)

[happyolddog]

Hi Sam,

Welcome to the forum,

Please start a thread in here,Samphire V Aktiv Kapital

Read in there how others have tackled them too.

http://www.consumeractiongroup.co.uk/forum/general-consumer-issues/

Please find all forums of organisations/banks you have claims against and also post in them.

Please take time to read the faq's

use the template letters.

 

LINKS....

FAQs....

Templates Library....

There is also live chat, visit if you need any quick advice.

http://www.consumeractiongroup.co.uk/forum/chat/flashchat.php

Finally good Luck.

Happyolddog.

 

If my advice helps please tip the scales, left.

[eileen58]

Hi Samphire,

 

The 2 old debts that you have written about how long ago did you stop paying them. If they are over 6 years old and you haven't acknowledged them before now they are timed barred. (I think)

I was in the same position as yourself divorced, 3 kids and loads of debt so what I then did was to go to the Citizens Advice Bureau and they helped me a lot. What I also did was to reclaim all my charges and to date I have gotten back over £6.000. I am now fully back on my feet.

It can b e done. The good thing is that this site is a godsend to people like you and me.

 

Eileen;);)

[Samphire]

Hi, thank for you replys and making me feel welcome and also not ashamed of the position I have got myself in.

 

One of the old debts I have been paying for somthing like 6 years now I had two c,cards with llyods TSB, they never stoped the interest on them and I was paying £5 a month, the debt went down by something stupid like 50p per month. Aktiv Kapital appear to only have one of these.

 

The other old one in my married name (which I am sure I had paid off and cleared) was for a cooker via British Gas, I had a payment book when I divorced ex and used to pay it at post office. That currently stands at £800+ (the original price), I have not replied to that debt for approx 6-7 years, the letters started to appear about 9 months ago and I binned them.

 

I also have world of leather chasing me for an old debt, again I have given them no contact in approx 6-7 years (probably more). Now I have found this site I will send them a letter to requesting the credit agreement and follow that by a denial of the debt and it being over the time frame for them to claim.

[MARTIN3030]

Hi Samphire I think your thread would be better in the debt forums.

AK are very well known here (I have issues with them myself) although they have not bothered me since failing to reply to my cca request and me warning them !

 

Ok looks like you have issues with Citi cards and Aktive Kap.

First things first.Have you got statements from the origins of the alleged debt ?

Can you detail a list of these debts with the dates/who was the original creditor and who is collecting also any arrangements you have made.

Its likely that you will need to SAR Citi and CCA Aktive Kap we can advise further here once we have a little more information.

In the meantime you should keep records of any communications that you have with dcas.If Aktive Kap do call you let them know you are in the process of disputing accounts.If they try and tell you that you have already admitted liability by making payments or an arrangement,then just say you were unaware at that time that these debts were construed from unlawful charges and that the facts were concealed from you.

I am sure you will get lots of help in this forum from seasoned AK clients.

[Samphire]

I do not have the paper work for the cooker with British Gas, I moved into this house 11 years ago and purchased the cooker at about that time. Divorced about 9 years ago and that is when I took on sole payments for the cooker on reduced payments in a payment book. I would have stopped payments on that about 7 years back, I really do believe I paid it off but will do a search through all old diarys to check.

 

The credit card was a trustcard and their other card. Up to about 9 months ago I was paying this but I am hoping that I can either bury this one under them not being able to produce the original credit agreement, of claim back all charges which I think would as good as clear that one off. It currently stands at £500 or there abouts.

 

World of Leather again was when I got the house and I have definatly not had any correspondence in at least 6 years, the next letter I get I will open.

 

Check me out getting all brave and opening letters now

 

Really appreciate those of you who have taken time to reply and made me feel that little bit better about tackling these debts.

[Samphire]

They have recieved my CCA and letter it reads as follows:

 

Dear Sir/Madam,

 

We acknowledge reciept of your request for information under the Consumer Credit Act 1974 (SECTIONS 77 & 7:cool:.

 

We can confirm that the information has been requested from your original Creditor and we aim to provide you with this same information within the statutory 30 day period.

 

------------------------------------------------

 

Do I start counting the 30 days from when I recieved the letter 14th April, or the day they posted to me 13th April?

[rory32]

Samphire,

For the CCA request you initially allow 12 working days from them receiveing the request (if your not sure when that was allow 2 working days for pigeon post). If they do not supply a copy of the agreement after 12 working days they are in default and you can choose not to pay them until they produce the agreement. Then after another 30 days (calendar this time) if they do not produce a copy of the agreement they have committed a criminal act and the debt becomes unenforceable.

Hope that clears it up for you........Rory

[Samphire]

That does Rory thank you. I am dyslexic and at time it has to be explained an awful lot for me to 'get it' .

 

So I sent on 10th April - 12 days taking out weekends = 26th April. So no agreement by that date then they are in default. Then a further 30 days to produce the agreement = 8th June (I think). Damn those weekends lol.

[rory32]

Not quite (your almost there) from 10th April alllow 2 working days for them to receive it = 12 April, then 12 working days = 30th April (now in default), then 30 normal days = 30th May

[Samphire]

Awww thank you so much Rory, I really appreciate your help on the time scale. Will not change my outlook calander to those dates to remind me.

[rory32]

No problem........good luck.