Ony vs Westcot (Aktiv Kapital Dixons Store Group)

[ony]

20/4/07

Wescot: Notice of Debt Collection: Outstanding balance £273.25. Failure to reply may resulting recovery via legal action and debt collection.

 

18/5/07

I have just called Wescot and been told this has been return to Aktiv. 1/5/07.

 

Do I now send Aktiv a CCA, SARS or both as I would like to see my account statements to recover charges and remove default notices?

 

Thx

[rory32]

You could send them both a CCA request just to cover all bases. A statement of account is free from a DCA, however if you want copies of defaults issued you will need to send a SAR - send it to Aktiv as they are now holding the account.

[ony]

Its been a month since my account was transferred from Wescot to Aktiv and I have heard nothing. Should I just let sleeping dogs lie or send them a CCA and SAR letter?

[PriorityOne]

It depends on whether you think the charges exceed the amount that they allege is still owing...

[ony]

It depends on whether you think the charges exceed the amount that they allege is still owing...

 

 

Well Wescot allege that I owe £295 but I havent sent a SAR letter out. I would assume that the amount owed would outweigh the charges due to be returned. The crux is cant tell until I send out the SAR.

[ony]

This was just received from Activ after sending them a CCA request letter from this site.

 

"We acknowledge receipt pf your request from information under the CCA 1974 however we are not the original creditor nor did we provide you with the original credit facility. We purchased your outstanding debt balance and right to collect that balance, together with the right to apply interest in accordance with your original credit agreement (where appropriate). We did not purchase your actual agreement consequently we have no obligation to provide you with a copy of the Agreement.

 

However......if it is available we will forward a copy to you as soon as possible.

 

In the meantime there is n reason why our debt collection activities against you should be suspended, therefore unless we hear from you by telephone or i writing to the address above within seven days from the date of this letter, the matter will eb passed to our collections division for further action.

 

Please note that if the original creditor is unable to provide a copy of the Agreemtn that does not mean that we have no right to continue to request payment f teh outstanding balance.

 

we are the legal owners of your account and your liability is ow to us in respect of repaying outstanding balance that was purchased by this Group of Companies.

 

it is therefore in your interest to agree an instalment arrangement with us, or discuss terms for settlement (we may give you a substantial discount on the original balance for early payment), within the next 10 days."

 

Please advise earliest!!

 

I will post my intended reply shortly...

[rory32]

This is a standard letter template from Aktiv Kapital - which of course is complete nonsense.

[ony]

This is a standard letter template from Aktiv Kapital - which of course is complete nonsense.

 

Rory,

 

I thought as much!! Thanks for the confirmation, I will post my intended reply later for review

[ony]

Not my best work...in a rush but it seems to be all there. Comments please...THX

 

Dear Sir/Madam,

 

I am in receipt of your letter dated the 22nd November 2007 and all I can say is I am amazed at your complete and utter disregard for both the Consumer Credit Act 1974 and personal rights of the consumer.

 

In response to your letter I would note that I am heartened by the fact that you spurious interpretation of my duties and rights as a lawful consumer are totally incorrect and I understand it unlawful. If the original creditor cannot provide the original credit agreement then the agreement is unenforceable and no debt is owed irrespective of whether you bought the debt or not. I ask you and I am sure the courts will be provide a suitable answer but ‘how can a debt be owed if there is no agreement?’

 

Further you are presently in default of my CCA request and I will be contacting the appropriate authorities to advise them of this fact.

 

I repeat:

 

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

You are of course aware that a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

My original CCA request was made in my letter dated 1.6.2007 and so your inability to provide me with either my orginal credit agreement or a properly constituted deed of assignment is actually a criminal offence. I have provided you more than sufficient time t fulfil your obligatisn but you have seen fit to harass me rather than fulfil your legal obligations.

 

n As such, now that the 12 working days + 40 days have expired (from your receipt of the request for the agreement and supporting documents) the account is now clearly in dispute and your non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

This account is in dispute beyond any doubt. As such whilst it remains in dispute the agreement is unenforceable. Whilst it is unenforceable, no interest is to be added to the account. No action can be taken against me. No adverse credit references or defaults can be listed against me with Credit Reference Agencies. The account cannot be passed to a Debt Collection Agency. And lastly, I am not obliged to make any further payments to the account.

 

I will advancing this process to the Courts to have the account, the debt rendered unenforceable. I will further be asking the courts fro recovery of costs, expenses and interest applied to this alleged account.

[make them aktiv runners]

Not my best work...in a rush but it seems to be all there. Comments please...THX

 

Dear Sir/Madam,

 

I am in receipt of your letter dated the 22nd November 2007 and all I can say is I am amazed at your complete and utter disregard for both the Consumer Credit Act 1974 and personal rights of the consumer.

 

In response to your letter I would note that I am heartened by the fact that your spurious interpretation of my duties and rights as a lawful consumer are totally incorrect and I understand it unlawful. If the original creditor cannot provide the original credit agreement then the agreement is unenforceable and no debt is owed irrespective of whether you bought the debt or not wrong, the debt still exists, it is just legally unenforceable . I ask you and I am sure the courts will be able to provide a suitable answer but ‘how can a debt be owed if there is no agreement?’

 

Further you are presently in default of my CCA request and I will be contacting the appropriate authorities to advise them of this fact.

 

I repeat:

 

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

You are of course aware that a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

My original CCA request was made in my letter dated 1.6.2007 and so your inability to provide me with either my orginal credit agreement or a properly constituted deed of assignment is actually a criminal offence. I have provided you more than sufficient time to fulfil your obligatisn but you have seen fit to harrass me rather than fulfil your legal obligations.

 

As such, now that the 12 working days + calendar month (from your receipt of the request for the agreement and supporting documents) the account is now clearly in dispute and your non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

This account is in dispute beyond any doubt. As such whilst it remains in dispute the agreement is unenforceable. Whilst it is unenforceable, no interest is to be added to the account. No action can be taken against me. No adverse credit references or defaults can be listed against me with Credit Reference Agencies. The account cannot be passed to a Debt Collection Agency. And lastly, I am not obliged to make any further payments to the account.

 

I will advancing this process to the Courts to have the account, the debt rendered unenforceable. I will further be asking the courts for recovery of costs, expenses and interest applied to this alleged account.

 

Personally I would not respond. If you do though, keep it simple, state they have acknowledged the CCA is under request and that you demand they take no action whatsover until they produce a legally enforceable copy.

[ony]

Thanks 'Make the run'....

 

I admit got wrapped up in my own voice there for a bit. Its good to vent now again against them when they bluster and brag.

 

Will keep it simple or not respond at all. I think I will wait it out and come back to them when the default criminally and proceed to have the debt rendered unenforceable.

 

Thanks again!

[PGH7447]

Hi Ony, I had the same response as you to a CCA from these people, just laughed and put it in the file, they have 1 day left of the 12 then its onto the 30 day period cant wait

 

Good Luck

 

PGH7447

[ony]

OK, time is up!!

 

Kept quite and recieved a letter from Aktiv saying they were going too take me to court for non response. I replied informing them that I had in fact contacted them months prior with a CCA request. they're responses are attached.

 

As you can see they are denying any responsibility to provide an original agreement, indeed the original creditor as they advise no longer has the agreement. they further claim they can enforce the agreeement, charge interest etc in large part because I had made payment on the account ending April 2007.

 

they sent me a deed of assignment which does not quote my name or account number, has no date, being dated 2004 when I stopped paying in 2007??? etc.

 

What are the next steps to put this to bed???!!!

 

thx

 

PS; For some reason the letter wont upload. they write...

 

 

"we purchased your outstanding debt bbalance and right to collect that balance, together with the right to apply interest in accordance with your original credit agreement (where appropriate). We did not purchase your actual Agreement, consequently we have no obligation to provide you with a copy.

 

Howeever...we have tried to obtain a copy......and tehy ahve advised that it is not availabel.

 

 

In the meantime there is no reason why our debt collection activities against you should be suspended as you have previously made payments on this account, please find enclosed a p[ayment history. In addition please also find a copy of the deed of assignment.

 

 

we are the legal owners of your account and liability is now to us in respect of repaying the outstanding balance that.....

 

 

It is therefore in your best interest to agree an installment arrangement with us, or discuss terms of settlement |( we may give you a substantial discount.....

 

Tom Smith"

Assign1.pdf

Assign2.pdf

[stardust_john]

Godddddddd I've got these clowns contacting me via another company for an account I have no knowledge of and would be in any case from their infor statute barred, over 12 years since contact according to them. They said they just ring on behalf of aktiv and if I didnt owe it how did Iknow who they were, I said via internet site, I typed it in and up you came, oh he replied. So I suppose statute barred will get similar crappy response, better prepare myself.

[PGH7447]

ONY - The deeds of assignment look a bit generic, as if they have purchased a whole raft of debts and are hoping people will fall over themselves to pay.

 

Not an expert but would hazzard a guess that these are not legal for specific alledged debts, and anyway wehter they have bought the debt or not they still have to porduce a valid CCA.

 

In response to my CCA request for OH Credit card they send a bunch of statements, now we are disputing the debt, just these muppets rights to collect, via the usual threatening behaviour.

 

they are now well and trully in default so next contact from them will instigate formal complaint procedures.

 

regards

 

PGH7447

[PriorityOne]

PS; For some reason the letter wont upload. they write...

 

"we purchased your outstanding debt bbalance and right to collect that balance, together with the right to apply interest in accordance with your original credit agreement (where appropriate). We did not purchase your actual Agreement, consequently we have no obligation to provide you with a copy.

 

Complete bowlarks...

 

Howeever...we have tried to obtain a copy......and tehy ahve advised that it is not availabel.

 

What a shame for them... :grin: ... no payments then !

 

In the meantime there is no reason why our debt collection activities against you should be suspended as you have previously made payments on this account, please find enclosed a p[ayment history. In addition please also find a copy of the deed of assignment.

 

A very poor attempt to pull the wool over your eyes... ignore it.

 

we are the legal owners of your account and liability is now to us in respect of repaying the outstanding balance that.....

 

They have bought a duff account... but without an Agreement, you have no liability to them whatsoever.

 

It is therefore in your best interest to agree an installment arrangement with us, or discuss terms of settlement |( we may give you a substantial discount.....

 

Yeah.... I bet they would !

 

Tom Smith"

 

Ok... file this one in the "ignore" pile for now, but do not lose it !! If they start harrassing you again for money, report them to their own local branch of Trading Standards and make a formal complaint at the same time; requesting a copy of their complaints procedure.... which they are obliged to send you.

 

All by rec.delivery....

[miziwizzi]

watching with interest here, hubby has entry on credit file from Aktiv, no idea what for but its due to drop of in Sept so guess we will be hearing soon!.

[stardust_john]

Is westcot inhouse dca for AKapital

[ony]

Thanks for all the comments.

 

PriorityOne, thx for the insights. While you advocate that I wait for the inevitable response and then initiate a complaints procedure what about getting the CC to render the account unenforceable inc all defaults notices removed as no agreement exists?

[PriorityOne]

The chances of you getting a written acknowledgement that the account is unenforceable... and that they'll happily remove all defaults.... is highly unlikely. You can try, but it would be prudent to also include that you want a copy of their Complaints Procedure in with your letter somewhere.... so that they know that you'll take things further if they don't.

 

[ony]

Ok just got what i expect is a standard threatening "final notice of proposed legal proceedings".

 

Following on from your suggestions PriorityOne is there a bog standard letter or will this suffice?

 

"Contrary to your letter I have indeed been in continued communication with yourselves regards this alleged account. However it is you, Aktiv Kapital who have failed in your obligations in this matter. As your letter of the **** clearly states, you have failed to meet my statutory request for a copy of my original credit agreement, are in in serious default in failing to supply said alleged agreement and as such I am under no obligation to make any payment towards this alleged account.

 

Despite your own failings it appears you intend to continue to harass me and I will now be making a formal complaint to your local branch of Trading Standards. I also request that you provide me with details of your Complaints Procedure as I intend to take this matter further.

 

I must also advise you that any action you propose to take will be vigorously defended."

[PriorityOne]

Just a few changes.... and send by rec. delivery.

 

Dear xxxx

 

Your Ref xxxxx

 

I do not acknwledge any debt to your company.

 

Contrary to your letter of xx/xx/2008, I have indeed been in constant communication with yourselves regards this alleged account. Following your failure to comply with a legal request however; namely the request for a true copy of my Consumer Credit Agreement (Consumer Credit Act, 1974), received by yourselves on xx/xx/xx, I am not legally obliged to make any payments to your company, until/unless such documentation can be produced and re-enforced in court. Since I have already pointed this out to you in previous correspondence, I have no desire to keep on repeating myself.

 

As your letter of xx/xx/xx clearly refers to your failure to produce such documentation, any further communication from yourselves will be now be reported to Trading Standards, the Office of Fair Trading and any other authorities as I see fit without any further notice to yourselves. Please also take note that you most recent threat of legal action, will not only be vigorously defended on the gounds outlined above, but will be treated as both unlawful and vexatious.

 

I now request that you provide me with details of your Complaints Procedure, as required by law. Alternatively, a letter confirming that you have in fact made a genune mistake and your files are now closed will be acceptable.

 

I trust that this letter explains both my position and your own and look forward to your considered response in due course.

 

Yours xxxxxxx

[ony]

Excuse the delay in responding but thanks a bunch PriorityOny, very, very much appreciated!

 

 

Letter sent!

 

:)

[ony]

I received a letter threatening a doorstep visit so I sent a response with the following on the 24/4/08:

 

"There is an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

I revoke license under English Common Law for you, or your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me."

 

However I received this while I was away on the 21/4/08:

 

In response to your request for information, please note that we are not the original creditor nor did we provide you with the original credit faciltiy. we purchased the outstanding debt balance adn right to collect that balance, together with the right to apply interest in accordance with the original credit agreement (where appropriate). We did not purchase the actual agreement, consequently we have no obligation to provide a copy of that agreement or statements.

 

 

However, as a matter of good practice we have tried to obtain a copy of the original agreement from the original creditor and they have now advised that it is not available.

 

We are the legal owners of your account and your liability is now to us in respect of repaying the outstanding balance that was purchased by this Group of Companies.

 

unless we hear from.............setting out any reason for disputing the account or reasons for non payment the matter will be passed back to our collections division for further action."

 

So there is no agreement, no deed of assignment etc and they expect me to pay them!!?? I know I'm repeating myself but if this were a credit card debt wouldn't I be forcing the account unenforceable, claiming back interest and remove defaults; doesn't the same apply here for the removal of the debt and defaults? what to do now? BTW they did send me a copy of their complaints procedure (yet to read)!!

[PriorityOne]

 

In response to your request for information, please note that we are not the original creditor nor did we provide you with the original credit faciltiy. we purchased the outstanding debt balance adn right to collect that balance, together with the right to apply interest in accordance with the original credit agreement (where appropriate). We did not purchase the actual agreement, consequently we have no obligation to provide a copy of that agreement or statements. What a load of bowlarks !!!

 

However, as a matter of good practice we have tried to obtain a copy of the original agreement from the original creditor and they have now advised that it is not available. YAY !!!!!!! :D

 

We are the legal owners of your account and your liability is now to us in respect of repaying the outstanding balance that was purchased by this Group of Companies. Ah.... such a shame

 

unless we hear from.............setting out any reason for disputing the account or reasons for non payment the matter will be passed back to our collections division for further action."

 

 

You may not hear from them again.... but file this one away as this is confirmation that there is no Agreement to enforce. Well done...