CCA request to Aktiv Kapital re 2 JDW accounts

[letsbee]

Hi Everyone this is my first time posting ever so here goes.

I sent a CCA to AK after receiving demands for money for over a year. the reply i received said they did not have to provide me with a copy of the aggreement as they are not the origional creditor and suggested i pay them what i owe. I knew They could'nt deal with my request because the agreement has never existed i do not owe any money i have never signed any aggreement. any help on what to do next would be appreciated.

[MoonHawk]

Hi Letsbee and welcome.

 

I would suggest that you firstly start your own thread and put down a little more information (such as the original creditor, when the account was opened/closed, last payment made, dates and details of any letters). The wording on letters are sometimes important in order to put together a reply.

 

Best Wishes

MoonHawk

[conar686]

Hi Everyone this is my first time posting ever so here goes.

I sent a CCA to AK after receiving demands for money for over a year. the reply i received said they did not have to provide me with a copy of the aggreement as they are not the origional creditor and suggested i pay them what i owe. I knew They could'nt deal with my request because the agreement has never existed i do not owe any money i have never signed any aggreement. any help on what to do next would be appreciated.

 

Hi Letsbee

 

Standard AK bllx I'm afraid, MH is correct you should start your own thread however you should send them another letter with maybe some of the following

 

In your letter you contend that you are not bound by the CCA 1974, as you are not the original creditors that in fact you purchased these debts to recover the balances owed.

 

 

May I bring your attention to s189 (1) of the CCA that states clearly that (if you are the owner of the debt) you are in deed bound by the strictures of the CCA and must therefore produce the requested documentation within the appropriate timelines;

 

 

“Supplier” has the meaning given by section 11(1)(b) or 12© or 13© or, in relation to an agreement falling within section 11(1)(a), means the creditor, and includes a person to whom the rights and duties of a supplier (as so defined) have passed by assignment or operation of law, or (in relation to a prospective agreement) the prospective supplier.

 

 

I have never denied any debt owed to xxxxxxxxx, however I do, now, dispute your rights to collect or act in the collection of this 'alleged' account.

 

Should you be in doubt about this perhaps ‘you’ should consult the Office of Fair Trading, FYI they have recently issued the following statement;

 

 

‘If a trader failed to investigate and/or provide details as required under the CCA when a debt is queried or disputed’ such a breach could be considered ‘as unfair practice under section 25(2) (d), bringing into question the organisations fitness to hold the relevant licence’

 

 

I am sure you are aware; a credit agreement that is not properly documented, executed and properly signed is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued under s127.

 

 

You state you are the legal owners of the above;

 

 

Please provide the following

a. Under what ‘legal’ mechanism was the alleged debt sold to you

b. Clear, unambiguous & definitive proof that both of my above debtors sold the debt onto you.

 

You could include the above in a SAR and ask for all data they hold on you

 

Data Protection Act - Subject Access Request Generator *** New ***

 

Start your own thread & good luck

[letsbee]

thanks for the reply ill try another letter and see what happens.

[caught_up]

Guys, I am going to send a CCA to Aktiv Kapital for one of GE Capital's store card. Please have a look at this letter and make any useful suggestions

 

Aktiv Kapital

Addreee

Dear Sir/Madam

Re:− Account/Reference Number

With reference to the above agreement, I would be grateful if you would send me a true copy of the executed credit agreement. I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of the credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

I understand a copy of are credit agreement should be supplied within 12 working days.

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

In addition, I would also like clarification of the date you acquired the debt, what organisation you acquired it from, their registered office, their company number (if any) and what legal title they had to this debt, and what credit license number they had at the time that the debt was purchased or entered into.

I look forward to hearing from you.

Yours faithfully

[caught_up]

Few more questions :

 

GE Money refused to refund the full sum I've demanded (they are only offering to refund any excess of £12).

 

So, if I take them to small claim court, do I hold GE Money in to account at the court or to Aktiv Kapital since they are trying to recover the debt?

 

Also, How can I persuade Aktiv Kapital to send the files back to GE Money since the debt is in dispute? I mean what should I include on the letter?

 

Finally, do you think it will be useful to go to Financial Ombudsman Service first before going to the court?

[MoonHawk]

Letter is OK

 

You take GE Money to court or if in doubt, both and state that they have refused to disclose the nature of the assignment and that you do not know who is liable. It is more that likely that it is an equitable assignment and GE are still liable.

 

AK will not send the files back. They have bought the debt. The are not debt collectors but debt purchasers. So you have to in all likelihood, deal with GE and get your money and then with AK.

 

Up to you if you wish to try the FOS. I never have so do not know how useful it is. Someone else might give a view from first hand experience.

 

Best Wishes

MoonHawk

[rory32]

So, if I take them to small claim court, do I hold GE Money in to account at the court

Yes they are the ones who applied the charges.

 

Finally, do you think it will be useful to go to Financial Ombudsman Service first before going to the court?

The FOS take a little bit of time but they are dealing with these sort of claims. If you go to court your case may well be stayed as although the test case only has to do with bank charges many judges are staying other casese as well. Just ensure that you state you want the money paid to yourself and not AK.

[Activagain]

I also sent a CCA request to AK 12 days ago. Today I heard back stating they do not need to supply information as they bought the debt and not any paperwork to go with it. They also said that any legal action will not be put on hold and that I could have to pay interest from when the alleged debt arose. Which at the very least must be over 5 years old.They told me I had made payments against the alleged debt in 2004, which I know to be untrue. So I am waiting for the 30 days to run down. Should I contact them or just wait and see?

[MoonHawk]

Welcome Activagain. Firstly they do need to supply paperwork or get teh OC to do so. Did you send a £1 and was it cashed?

 

If so then use the content of post #97 to do a letter (paragraph 3 onwards).

 

If there is a debate on payments, ask them to show you evidence of the payments made. If they refuse you have to send the OC a SAR.

 

Shame they have stopped action. If at any point they threaten action again let us know, as you can use the Civil Procedure Rules against them to get them to disclose everything.

 

Best Wishes

MoonHawk

[Activagain]

Hi MoonHawk, Thanks for your help. I did send a £1 payment with the CCA request but I'm unable to prove they have cashed it. the letter I received yesterday states they will not put legal action on hold and I could be charged interest on the alleged debt. I have 10 days to responded to dicuss payment terms and I quote " We may give you A substantial discount" They also state that they purchased the outstanding balance and the right to collect. they did not purchase the actual agreement and have no obligation to provide a copy of any agreement. Should I just sit tight or send them a letter reminding them that the 12 days have expired within which they acknowledged my request for a CCA and also to point out when the 30 day time limits expires. Thanks for your help.

Regards

Activagain

[MoonHawk]

Hi MoonHawk, Thanks for your help. I did send a £1 payment with the CCA request but I'm unable to prove they have cashed it.

You are welcome. How did you send it? If it was PO then it is deemed as cash.

 

the letter I received yesterday states they will not put legal action on hold and I could be charged interest on the alleged debt.

Oh goody goody Curly and Tom will be pleased.

How is it worded? We might be able to bring CPR into it.

 

I have 10 days to responded to dicuss payment terms and I quote " We may give you A substantial discount" They also state that they purchased the outstanding balance and the right to collect. they did not purchase the actual agreement and have no obligation to provide a copy of any agreement.

They always say that. But that does not matter. Under the CCA if they are not the "Creditor" then they become an agent, otherwise they are not allowed to collect money. An agent has to pass on the request to the creditor and wait for it to be complied with. Remember they are saying these things in the hope that you do not know the law, get scared and pay.

 

Should I just sit tight or send them a letter reminding them that the 12 days have expired within which they acknowledged my request for a CCA and also to point out when the 30 day time limits expires.

Depends what the wording of the letter was. I suggest you start your own thread, put the details there and put a link in here for us to follow you to and give advice on your case.

 

Best Wishes

MoonHawk

[Activagain]

Hi MoonHawk,

Thanks for your help.

Activ still refusing to respond to CCA request and still threating action.

I have started a new thread at. AKTIV KAPITAL --DSG 3710

 

Because of several health problems I feel I should just pay up and settle.

OFT and TS have been of now real help.

 

Regards

 

Activagain

[Brassed off]

This is Activagain's thread:-

 

Activagain's Thread

 

A little bit of light reading for you Activagain:-

 

How Do I...

 

Bo:)

[spamheed]

I may be being a little pedantic but:

 

Quote

 

"I also sent a CCA request to AK 12 days ago. Today I heard back stating they do not need to supply information as they bought the debt and not any paperwork to go with it. They also said that any legal action will not be put on hold and that I could have to pay interest from when the alleged debt arose. Which at the very least must be over 5 years old.They told me I had made payments against the alleged debt in 2004,"

How do they know you made payments if they didn't get any paperwork?

[kyuudousha]

Hiya,

 

I have had a right good run in with AK and GE Money regarding defaults and CCJ's. Finally got rid of all defaults and judgements and settled "out of court" (having cost them a small fortune in legal fees as their solicitors were £450 per hour and £600 per hour respectively...) but was invited onto this thread by Elsinore.

 

I have been reading it with interest. As my debt is fully paid to AK, if it transoires that they are not the legal owners, can I sue them for my money back..?

 

I'll give it a go. Really I will...

 

Best regards

 

Kyu