Aktiv Kapital debt

stewmat

Hi Guys, i'm looking for some advice. I defaulted on two loans about 5 years ago. After hiding my head in the sand i decided to answer the phone calls and get a payment plan sorted with Thames Credit (at this point with interest the loans were worth £10K) I have been paying these off slowly for the past 2 years. i recently asked for my original credit agreements from Aktiv Kapital (Thames Credit now operating under them) I spoke to Aktiv and they informed me i could email my request over, i did so and the next day recieved email confirmation that they had recieved my request. That was 1 month ago, i have now received a letter from Aktiv confirming receipt of my correspondance. My question is this: do i need to wait a further 12 working days from receipt of the letter before i can consider the debts un-enforcable? (If thats a word!)
I know that i also have to deal with the moral dilema, seeing as though i know these debts are mine, however if Aktiv cant provide me with the information whats to say they are doing the right thing?
Any help or advice would be greatfully accepted.

Thanks Stew

RAS

DID your letter refer to the CCA? And did you send them the £1 fee?

stewmat

I sent them an email requesting my original credit agreement, i was told this was acceptable by the customer services. I have seen a letter template on this website, would you reccomend that i send a letter?

Oh and what is the CCA?

GeorgeUK

If you put your request in writing with the £1 fee, they are then legally obliged to comply with the request.

CCA request is a request for a copy of the customer credit agreement. Under the CCA74 (Consumer Credit Act 1974), they have 12 working days to comply with the request of the debt is in dispute and unenforcable. As they are unable to enforce the debt, there should be no interest, charges and payment need no be made until the debt is enforcable.

Details: http://forums.moneysavingexpert.com/showthread.html?t=578486
Template: http://forums.moneysavingexpert.com/showthread.html?p=11636295#post11636295

stewmat

Thanks for the info, I'll get the letter in the post straight away. If, and I believe they dont have a copy of the original credit agreement how do I stand legally seeing as I've been paying the debt for some two years now?

GeorgeUK

Making payments towards the debt will not matter. You are not questioning whether the debt is yours - you are questioning whether it is enforcable or not. If it is found to be unenforcable then payment need not be made.

If they decide to take it to court, they would need to provide a copy of an executed and enforcable credit agreement. If the agreement was from before 6th April 2007 then there must also be certain terms on the agreement for it to be enforcable.

DO NOT SIGN THE LETTER
Just print your name or type it in - or even just initial it. You do not want them to be able to trasnfer your signature to a document you have never seen before.

stewmat

Hi Folks, I got a letter from Aktiv Kapital today:

From your request under the CCA we can confirm that we are in the process of requesting the relevant documentation on your behalf from the original creditor.

We would point out that, as we are not the original creditor the act allows 12 working days plus 30 further days before we are entered into a default situation. We believe we are exempt from this due to the processes sometimes required in order to obtain the documentation from the original creditor.
Once we are in receipt of the requested documentation we will provide you with copies.


So folks is this correct, my understanding is the act allows 12 days no matter who has the debt?
And whats with this further 30 days?

All assistance will be greatly received

Thanks

Stew

GeorgeUK

Hi Stew

You are right about them only having 12 working days to supply the CCA. Here is a fuller asnwer on a similar letter.
http://forums.moneysavingexpert.com/showthread.html?p=19213413#post19213413

After 30 days it used to be the case that it was a criminal offence for them to not produce a copy of the CCA and still pursue payment. That is no longer the case but they don't seem to have updated their letters.

stewmat

Hi George (or anyone else!!)

Got another letter from Aktiv today, asking me to send in proof of address for the last 5 years Apparently its all part of a data protection act. What a complete load of tosh!!, sent them a letter stating that they would not be recieving any such info, and requesting a copy of there complaints procedure.

only 4 more days until the 12 day timescale is up, then the direct debits will be cancelled!!

Can anyone let me know if the additional 30 days before Aktiv are commiting an offence is working days or weekdays?

Thanks

Stew

Ukevas

So you have been paying them off for the last two years and now they want that information????

good old AK.... what a joke.

letsmakeamark

Stand around for a few weeks and let the time go past. Once the time is up post here and will direct on what to do with them.