Thames Credit / Activ Kapital

yelsel3 · 19 November 2007 at 4:33PM

A while ago I posted an enquiry about Activ Kapital buying my debt to Sainsbury's Bank - what should I do etc. Followed the advice and sent the letter citing the Consumer Credit Act 1974. They have written back to say they did not purchase the actual agreement but the outstanding balance and that they have no obligation to provide me with said copy but have ordered the application form from Halifax Bank of Scotland(?). They insist they are the legal owers of the account and see no reason why their debt collection activities should be suspended and unless I am specifically denying knowledge of this debt I should pay up - to them.
I don't know what to do now as I've no hope of paying any of it at the moment because I have had to give up work due to heart problems and my husbands money is barely enough to cover our basics. Does anyone out there know what I should do now? Any advice gratefully received as this is having a bad affect on my crumbling health.

Gale_10 · 19 November 2007 at 4:43PM

They have to, legally, send you a CCA and a letter of assignment from the organisation they bought the debt from. It is a legal obligation.

I will hunt down another template letter if I can, but I know categorically they HAVE to send you those documents. A judge would throw it out of court without them. Don't be fobbed off, they are just trying to wriggle out of their obligations.

You need to send a letter back telling them they have a time limit - I think its thirty days - to send you the CCA and letter of assignment, otherwise you can report them to the FSA, FOS, and others. They can be fined up to £3,000 and they can have their license taken away!

*Hurries off to look for template..........*

Gale

RAS · 19 November 2007 at 4:45PM

Yelsel

I assume that you sent a CCA letter? And that you started it with I do not acknowledge and debt to your company?

On what date did you post it?

Activ kapital breaking OFT Guideleines by taking advantage of your ignorance of the law. Once you sent the letter the debt is in dispute (whicvh it is if you sent a CCAleter, they cannot collect against it intul they provide the CCA. They have 12 days to return the signed CCA.

Gale_10 · 19 November 2007 at 4:51PM

Hello again,

Here is the next letter to send:

Quote:
DEFAULT UNDER THE CONSUMER CREDIT ACT 1974
FAILURE TO PRODUCE AGREEMENT

Dear Sir/Madam

ACCOUNT NUMBER: *******************

I wrote to you by Special Delivery/Recorded Delivery ( Ref ******) on ***** 2007 asking for a copy of the above agreement together with the relevant information under Section 77-79 of the Consumer Credit Act 1974, enclosing a 1.00 postal order as the fee payable. This letter was delivered and signed for on *****, 2007.

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enters into a default situation. This occurred on *****, 2007. If the request is not satisfied after a further calendar month, your company commits an offence. Therefore on ********** 2007 this time limit will have expired.

I have still neither received a copy of the agreement as required by S78 Consumer Credit Act 1974, nor any other information relating to same. As such, this account has become unenforceable by law. As you are no doubt aware subsection (6) states:

If the creditor under an agreement fails to comply with subsection (1)—

(a) He is not entitled, while the default continues, to enforce the agreement; and
(b) If the default continues for one month he commits an offence.
As such, now that the 12 working days have expired (from your receipt of the request for the agreement and supporting documents) the account is now in dispute. 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. Essentially, the account is ‘held’ as it was on the date of the CCA request expiring (****, 2007)

Data Protection Act (Data Protection Act 199

Furthermore, under the Data Protection Act (D10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities.

I also require that you remove all my data from your files within the next 7 days and look forward to receiving a letter from you within 10 days confirming that you have complied with this request.

Yours faithfully,

I would print your name, these companies have been known to copy your signature and forge the documentation.

There is another letter to send after this one which gets even firmer, but just send this one for now. They might stop after this one. As RAS says, they are just trying to take advantage of you. But don't worry, there are lots of people on here who have put up template letters before and we can always find them for you. Just keep us posted!

Gale

RAS · 19 November 2007 at 5:38PM

Hi

thy have 12 working days + 2 in which to send out the CCA before they are in default.

If they produce the CCa in the 30 days after defaulting, they could reinstate the debt, but once they get passed the 12+2+30 days, they committ an offence if they pursue the debt. GAILs leeter goes out after the 30 days grace period is up

yelsel3 · 19 November 2007 at 7:12PM

Thanks for replies. What's a CCA? I originally had a letter from Thames Credit informing me they had bought my debt and demanding payment in full to which I sent the letter beginning I do not acknowledge any debt to your company etc... unfortunatly I did not remember to send it by recorded post or include £1 fee does this matter? I realise now I should have but what with the stress of my ongoing health problems and money worries my brain doesn't seem to work very well any more. My letter was dated the 8th November and posted same day, they acknowledge this date and my letter in their reply to me dated 12/11/07.

RAS · 20 November 2007 at 8:03PM

Yelsel

You need to make a proper CCA request, with the £1 or they can ignore your letter and muck you around. They are taking adbvantage of the fact that you did not do in "properly" in the legal sense. They have a legal obligation to produce the CCA in 12 days and if they cannot, you may be able to tell them where to stick their debt.

yelsel3 · 29 November 2007 at 10:35AM

Sorry I've taken so long to post been in hospital again, It's well past the 12 days and apart from their reply to me saying they had put in request for original docs I've heard nothing should I make another request 'properly' or let sleeping dogs lie? - though they are ringing constantly which I ignore. Sorry to be so thick.

GeorgeUK · 29 November 2007 at 12:15PM

Send the letter again - with the £1 cheque/PO - by recorded delivery.

Make sure it states you do not acknowledge any debt to them or their clients.
After the 12 working days have passed (+2 for delivery) then they are in default for not providing the CCA and it is unenforcable without them getting a court order.

1 month after this, if they haven't provided the CCA they have committed an offence and you can report them to TS & OFT.

Thames Credit / Activ Kapital

Comments

Confirm your email address to Create Threads and Reply

🚀 Getting Started

Categories

Is this how you want to be seen?

Get our FREE Weekly email full of deals & guides - and it’s spam-free