Aktiv Kapital harrassing my mum

mb73

Hi all

Quite apart from my own debt problems, my mum is being chased for a debt by Aktiv Kapital. It is an old debt, but she has been paying them (they have had around £1000 from her so far).

She's on a state pension and hasn't been able to make payments to them (They want £130 pcm - she gets around £100 pw) and they are now sending her a letter every day demanding payment.

It was an old debt, and if she had just spoken to me first it could have been written off using the statute of limitations Sadly, that avenue is not open to us now as she has been making payments.

Does anyone have any suggestions as to what we can do? They have sent a final demand for 70% of the outstanding balance within 30 days !!!!!!, or 75% of the outstanding balance in 6 monthly instalments in !!!!!!. There's just no way she can pay these bullies, and considering they've already had £1000 off her I think they've more than adequately covered whatever amount they paid to buy the debt.

Thanks

RAS

What sort of debt is this?

Would a CCA request unearth faulty documentation. Alternatively does she have the default letter and is that legally complaint?

Jesthar

Hi mb

I may not be correct here, and I don't want to get hopes up unnecessarily, but it sounds from what you are saying as if there was a period of at least six years when the debt was neither acknowledged in writing or any payment made?

If so, I think it could have been automatically Statute Barred anyway, and that after that has happened even acknowledging the debt in writing AND/OR making payments can unbar it?

As I said, I'm not 100% sure about this (I'm a Mortgage Free Wannabee, not a DFW), so correct me if I'm wrong people.

~Jes

RAS

Jesthar is right, if there was a 6 year gap, the fact that she is now paying is irrelevant, unless there is a CCJ.

mb73

I believe the actual debt dates back over six years, but I'm not certain. I was wondering about a CCA request and may go down this route for her.

The letter she received this morning states:

Dear Madame (their spelling, lol)

Re: Agreement Number *****************

We are writing to you because you have not maintained your payment plan as promised.

Any discount previously offered to you has now been withdrawn. Therefore we are seeking full payment on the outstanding balance of £167.39.

However, we are prepared to give you the opportunity to repay and still benefit from a reduced amount.

We will accept

70% of the outstanding balance in Full and Final settlement within 30 days

OR
75% of the outstanding balance in Full and Final settlement in 6 equal monthly instalments.

If neither of these suit your personal circumstances we do offer part payment schemes and monthly instalment plans.

We are trying to help you, but you must telephone us within 10 days to take advantage of this offer.

Yours faithfully
AK


She did get a letter a couple of days ago stating she owed £0.00, which made me lol!

mb73

RAS wrote: »

Jesthar is right, if there was a 6 year gap, the fact that she is now paying is irrelevant, unless there is a CCJ.

I don't know if there's a CCJ - mum's a bit cagey about these sorts of things!

RAS

This is haressment. Stop paying anythign and send the CCA request.

If that is pukka, then check the default letter

mb73

RAS wrote: »

This is haressment. Stop paying anythign and send the CCA request.

If that is pukka, then check the default letter

Many thanks RAS - I will get on to the CCA letter now

mb73

A quick follow-up on the CCA request sent to Aktiv Kapital....

Sent as per advice here, recorded and not signed. Today she received this reply:

Dear *********

We write further to the above matter, and your request for documentation/further information regarding your agreement with the above named creditor under sections 77 to 79 of the consumer credit act.

Although we purchased the right to recover the outstanding balance due under the agreement, as we are not the original creditor we do not hold the original documentation in this matter.

In order to obtain this, we will contact the original creditor, as we do wish to provide the information that you require, in accordance with the Consumer Credit Act 1974, in an effort to resolve this matter.

Whilst we endeavour to obtain documents within the prescribed time scales, due to the fact that we have to try to obtain documents from the original creditor we may be unable to do so, your account is on hold and has been removed from the collection process whilst we await the requested information.

Yours sincerely etc...

So we have won a reprieve at the moment. If they can't get the original documents is there a chance my mum could reclaim the money she's paid already? If they do come up with something it is quite likely to be statute barred so what would happen then?

I will update if they send anything, and post a copy on here for your perusal. At least they've stopped sending letters every day now, so thank you all

Bertram_2

You could send a subject access request , see what info they have . cost £10 thou .

Data Protection Act 1998

Subject Access Request

Dear Sir/Madam

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.
2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor
3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.
4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.
5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).
6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.
7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.
8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998
9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.
10. Copies of statements for the entire duration of the credit agreement.

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.
If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

Yours faithfully,

Jesthar

Hey mb

Unfortunately I doubt she will ever see her money again - I think I recall reading something along the line of money being paid to an uneforceable account being regarded as a 'gift' or similar. I may be wrong, though...

Anyway, you can ignore the bluster about having to obtain the CCA from the original creditor, so it might take longer than you hoped - AK are fully aware they only have 12+2 working days to provide the CCA or they are stuffed, so if you don't hear from them in that time you can send them the 12+2 day account in dispute letter

~Jes