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reply to my CCA request
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judy_
Posts: 112 Forumite
Hi
I got this reply to my CCA request from Aktiv Kapital
In response to your request for information under the Conumer Credit Act, please note that we are not the original creditor nor did we provide you with the original credit facility. We purchased your outstanding debt balance and the right to collect that balance, together with the right to apply interest in accordance with your original credit agreement (where appropriate). We did not purhase your actual agreement, consequently we have no obligation to provide you with a copy of that agreement.
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 advised that it is not available.
In meantime there is no reason why our debt collection activities against you should be suspended.
We are the legal owners of your account and your liability is now to us in respect of repaying the outstanding balance that we purchased by this group of companies.
It is therefore in your best interest to agree an instalment arrangement with us, or discuss terms of settlement (we may give you a substantial discount on the original balance for early payment), within the next 10 days.
I know they have no leg to stand on without the agreement, so should I ignore the letter or any ideas on a reply to them?
Thanks
Judy
I got this reply to my CCA request from Aktiv Kapital
In response to your request for information under the Conumer Credit Act, please note that we are not the original creditor nor did we provide you with the original credit facility. We purchased your outstanding debt balance and the right to collect that balance, together with the right to apply interest in accordance with your original credit agreement (where appropriate). We did not purhase your actual agreement, consequently we have no obligation to provide you with a copy of that agreement.
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 advised that it is not available.
In meantime there is no reason why our debt collection activities against you should be suspended.
We are the legal owners of your account and your liability is now to us in respect of repaying the outstanding balance that we purchased by this group of companies.
It is therefore in your best interest to agree an instalment arrangement with us, or discuss terms of settlement (we may give you a substantial discount on the original balance for early payment), within the next 10 days.
I know they have no leg to stand on without the agreement, so should I ignore the letter or any ideas on a reply to them?
Thanks
Judy
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Comments
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They know full well that they are obliged to provide a copy of the CCA whether or not they are the original creditor. Ignore them, they are trying to bluff/scare you.0
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I agree - ignore that letter. After the 12+2 working days is up, send the next letter, then the 12+2+30 letter a month later. Just because they don't know what their legal obligations are does not mean they do not need to meet them.After falling off the gambling wagon (twice): £33,600 (24,000+ 9,600) - Original CC Debt: £7,885.91
Dad Gift 6k ¦ Savings & Inv Tst: £2,500
Loan 10k: £0 ¦ Dad 5.5k: £2,270 ¦ LTSB: £0 ¦ RBS: £0 ¦ Virgin £0 ¦ Egg £0
Total Owed: £2,270 (+6k) 11/08/20110 -
George,
do you have a link to the 3 templates??
1/ original CCA request
2/ 12+2 request
3/ 12+2+30 request
many thanks0 -
Link to the CCA and other templates
http://forums.moneysavingexpert.com/showthread.html?p=11570525#post11570525
1. post 9
2. post 6 or 12
3. post 7After falling off the gambling wagon (twice): £33,600 (24,000+ 9,600) - Original CC Debt: £7,885.91
Dad Gift 6k ¦ Savings & Inv Tst: £2,500
Loan 10k: £0 ¦ Dad 5.5k: £2,270 ¦ LTSB: £0 ¦ RBS: £0 ¦ Virgin £0 ¦ Egg £0
Total Owed: £2,270 (+6k) 11/08/20110 -
Good result for you !0
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Hi GeorgeUK,
I see that you are online. i was hoping you'll be able to help please.
i received a letter as well from thames credit stating that i owe Aktive capital money - no reson given for what.
i called them to enquire for what i should pay any money? and they asked for my current and previous address and DOB. at which point i said that i will not give any information until i am told about the letter. They said i need to verify you and i told them i have their refference number to verify.
any way i put the phone down as he kept asking for my details.
I am thinking of just ignoring them as they should ve told me for what and why i should pay them.
what do you think?
thanks0 -
You could just send them a prove it letterYou could send them the following:
Dear Sir/Madam
Account no:
You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.
I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).
I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.
I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.
Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.
I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.
I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.
I/we look forward to your reply.
Yours faithfully
(Your Name) Print do not sign
And send it recorded.
you could send a full CCA, but without knowing what the aledged debt is for it just might not apply
But they may just reply asking the same questions they did on the phone, tough they have to prove you owe something you have to prove nothing till they doThats it, i am done, Blind-as-a-Bat has left the forum, for good this time, there is no way I can recover this account, as the password was random, and not recorded, and the email used no longer exits, nor can be recovered to recover the account, goodbye all ………….
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