We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
AktivKapital Mum and Me
crin
Posts: 3,540 Forumite
I have been reading on the forums about Aktiv Kapital and I'm not sure if I am posting in the right place or not.
In June I got a call out of the blue from this company about a debt of my mum's.
The gist is that they have taken over the debt. They mentioned Moorcroft who mum has an agreement in place with about another debt so I looked on here and wow what a lot of info I found. I am so grateful.
Any way, below is a letter I am sending off to Aktiv tomorrow I would welcome comments and advice please.
Dear Sir
RE: A/c Ref: *********-****************
I write in response to telephone calls from your company by Andy and Chris during the last couple of weeks.
As you are aware due to my mother’s Alzheimer’s I am currently dealing with her debt issues.
Just so we are clear, I do not accept any responsibility for any debt of Mrs * ********.
Please supply a true-signed copy of the deed of assignment of the above mentioned referenced agreement that you allege exists (Consumer Credit Act 1984) (Data Protection Act 1994).
We reached an agreement in June of £5.00pcm by standing order. You confirmed that any letters or correspondence should be sent to my address as detailed above.
During July I informed you that due to my own health problems there would be a slight delay in setting up the standing order. You verbally agreed to this during the call.
On 3rd, 8th and 10th July letters were sent directly to my mother’s address even though you are aware that she is incapable of dealing with her affairs and that all correspondence should arrive at my home directly.
I duly set up a standing order for the value of the confirmed agreement of £5.00pcm. First payment was 01 August 2009.
When I received my mother’s bank statement I was amazed to discover that someone from your offices had telephoned my mother directly and got bank details off her over the telephone for a payment of £10.00.
I was equally astonished to learn that you had also bullied her into agreeing an increased repayment of £10.00pcm even though you were fully aware of her mental incapacity.
During the telephone calls I made your staff fully aware that the debt was not my own and tried in vain to explain why I was calling and how disgusted I was with your company verbally bulling my mother on the telephone.
I was told ‘Don’t take that attitude with me, your mother is the first port of call.’
On checking the bank statement I also confirmed that the first standing order payment had in fact gone out to you.
On Saturday 05 September 2009 a message was left on my ansaphone from Chris asking me to call.
I rang your offices and spoke to a young woman named Becky Banks. Again because I didn’t bow to pressure I was told I had an attitude and that it was up to us to prove payment had been made and told I must supply a copy of my mother’s bank statement proving it had left her bank and the date.
During the telephone conversation I informed Ms Banks that Andy had confirmed the receipt of the payment. She then declared that ‘no-one in these offices would say that’.
As she wasn’t present during the conversation between Andy and I she has no knowledge of what was discussed or said by either him or myself.
The onus is on you to prove the debt. I gave Becky Banks all the details I had been given by Dainer and this should enable you to remove the payment from your suspense a/c (unreconciled receipts) and apply it against my mother’s account.
The second standing order payment was paid out of my mother’s account on 01 September 2009.
I must say I find your company’s lack of efficiency appalling to say the least.
I STRESS YET AGAIN THAT MY MOTHER’S MENTAL HEALTH IS SUCH THAT SHE IS INCAPABLE OF DEALING WITH HER AFFAIRS. IF YOU WANT CONFIRMATION I FEEL SURE THAT HER CARE MANAGER AT SOCIAL SERVICES CAN SEE TO IT ALTHOUGH THIS REALLY SHOULD NOT BE NECESSARY.
My mother is 86 years old and has other health problems including a heart condition.
I take this opportunity to remind you of the OFT guidelines of 2003 for debt collection, especially this particular item –
‘ensure that sensitive cases involving vulnerable individuals, for example those with mental health or medical problems, are dealt with appropriately’
Quote:
‘Failure to comply with the Debt Collection Guidance may call into question the fitness of a business to hold a consumer credit licence.’
It did not take much research to find out about your company and its associates and what I have read doesn’t give me much confidence in your ability to apply payments correctly or supply the necessary annual statements to me.
In future ALL DEALINGS WITH YOUR COMPANY WILL BE IN WRITING AND NO OTHER FORM OF COMMUNICATION WILL BE ENTERTAINED.
I also remind you that my mother does not have the mental capacity to agree to anything.
I do not appreciate threats and do not respond well to them particularly were my mother’s well-being is concerned. I DON’T LIKE BULLYING EITHER!
I look for a response from you by return.
Yours faithfully
********er)
(For & on behalf of Mrs ********
Thanks in advance for your help.
In June I got a call out of the blue from this company about a debt of my mum's.
The gist is that they have taken over the debt. They mentioned Moorcroft who mum has an agreement in place with about another debt so I looked on here and wow what a lot of info I found. I am so grateful.
Any way, below is a letter I am sending off to Aktiv tomorrow I would welcome comments and advice please.
Dear Sir
RE: A/c Ref: *********-****************
I write in response to telephone calls from your company by Andy and Chris during the last couple of weeks.
As you are aware due to my mother’s Alzheimer’s I am currently dealing with her debt issues.
Just so we are clear, I do not accept any responsibility for any debt of Mrs * ********.
Please supply a true-signed copy of the deed of assignment of the above mentioned referenced agreement that you allege exists (Consumer Credit Act 1984) (Data Protection Act 1994).
We reached an agreement in June of £5.00pcm by standing order. You confirmed that any letters or correspondence should be sent to my address as detailed above.
During July I informed you that due to my own health problems there would be a slight delay in setting up the standing order. You verbally agreed to this during the call.
On 3rd, 8th and 10th July letters were sent directly to my mother’s address even though you are aware that she is incapable of dealing with her affairs and that all correspondence should arrive at my home directly.
I duly set up a standing order for the value of the confirmed agreement of £5.00pcm. First payment was 01 August 2009.
When I received my mother’s bank statement I was amazed to discover that someone from your offices had telephoned my mother directly and got bank details off her over the telephone for a payment of £10.00.
I was equally astonished to learn that you had also bullied her into agreeing an increased repayment of £10.00pcm even though you were fully aware of her mental incapacity.
During the telephone calls I made your staff fully aware that the debt was not my own and tried in vain to explain why I was calling and how disgusted I was with your company verbally bulling my mother on the telephone.
I was told ‘Don’t take that attitude with me, your mother is the first port of call.’
On checking the bank statement I also confirmed that the first standing order payment had in fact gone out to you.
On Saturday 05 September 2009 a message was left on my ansaphone from Chris asking me to call.
I rang your offices and spoke to a young woman named Becky Banks. Again because I didn’t bow to pressure I was told I had an attitude and that it was up to us to prove payment had been made and told I must supply a copy of my mother’s bank statement proving it had left her bank and the date.
During the telephone conversation I informed Ms Banks that Andy had confirmed the receipt of the payment. She then declared that ‘no-one in these offices would say that’.
As she wasn’t present during the conversation between Andy and I she has no knowledge of what was discussed or said by either him or myself.
The onus is on you to prove the debt. I gave Becky Banks all the details I had been given by Dainer and this should enable you to remove the payment from your suspense a/c (unreconciled receipts) and apply it against my mother’s account.
The second standing order payment was paid out of my mother’s account on 01 September 2009.
I must say I find your company’s lack of efficiency appalling to say the least.
I STRESS YET AGAIN THAT MY MOTHER’S MENTAL HEALTH IS SUCH THAT SHE IS INCAPABLE OF DEALING WITH HER AFFAIRS. IF YOU WANT CONFIRMATION I FEEL SURE THAT HER CARE MANAGER AT SOCIAL SERVICES CAN SEE TO IT ALTHOUGH THIS REALLY SHOULD NOT BE NECESSARY.
My mother is 86 years old and has other health problems including a heart condition.
I take this opportunity to remind you of the OFT guidelines of 2003 for debt collection, especially this particular item –
‘ensure that sensitive cases involving vulnerable individuals, for example those with mental health or medical problems, are dealt with appropriately’
Quote:
‘Failure to comply with the Debt Collection Guidance may call into question the fitness of a business to hold a consumer credit licence.’
It did not take much research to find out about your company and its associates and what I have read doesn’t give me much confidence in your ability to apply payments correctly or supply the necessary annual statements to me.
In future ALL DEALINGS WITH YOUR COMPANY WILL BE IN WRITING AND NO OTHER FORM OF COMMUNICATION WILL BE ENTERTAINED.
I also remind you that my mother does not have the mental capacity to agree to anything.
I do not appreciate threats and do not respond well to them particularly were my mother’s well-being is concerned. I DON’T LIKE BULLYING EITHER!
I look for a response from you by return.
Yours faithfully
********er)
(For & on behalf of Mrs ********
Thanks in advance for your help.
If at first you don't succeed try, try, try again.
Eleventh Heaven # 550 1 2 3 4 5 6 7 8 9 10 11
Eleventh Heaven # 550 1 2 3 4 5 6 7 8 9 10 11
0
Comments
-
Hi
I understand where you're coming from, my mum has got Alzheimers too. Luckly she isn't too bad at the moment.
Had a thought, do you have Power of Attorney? Depending on how bad your mum is, it may be an idea to get this set up as soon as possible.
It may be worthwhile getting all but your number and any other members of the family's phone numbers barred from your mum's phone. A friend of mine did this with her mother-in-laws phone as when her Alzheimers started to get a bit worse she discovered that her mother-in-law as agreeing over the phone to have conservatories, new windows and fitted kitchen. So she phoned BT and explained the situation to them and they did the deed.
Good luck.
LGetting there, slowly but I WILL be debt free before I retire :dance:0 -
Hi crin,
Wow, what a nerve that lot have! You should consider sending a copy of this letter to the OFT too, and tell them so in the letter...
Aside from that, I think 'ansaphone' should be 'answerphone' in this formal context, and it shoudl be "particularly where my mother’s well-being is concerned".
Incidentally, you might want to try doing a full CCA request if this debt was for something which would have come under one, if you haven't already.
~Jes Never underestimate the power of the techno-geek...
0 -
Thanks for the advice. I will contact Virgin about barring the calls and see whether they can do it.
Also thhanks for the advice re the full cca request and I will amend the wording too.
Many thanks I really appreciate the help as I had a major stroke a couple of years ago and there isn't anyone else who can deal with these blighters.If at first you don't succeed try, try, try again.
Eleventh Heaven # 550 1 2 3 4 5 6 7 8 9 10 110 -
Update. I got another phone call from them today and then my daughter rang to say that they phoned my mum's but she took the call. She told them straight that my mum couldn't deal with them and they had to talk to me and about mum's health.
The carer then told my daughter they had rung this morniong and got my mum in a right old state so the carer put the phone down on them.
Due to this I have now drafted a letter to OFT complaining about them and enclosing a copy of my letter.
Hopefully they will have enough on them to clamp down on them. I told the OFT both the registered address and the address we have to deal with.
Will need to see what if anything happens now.If at first you don't succeed try, try, try again.
Eleventh Heaven # 550 1 2 3 4 5 6 7 8 9 10 110 -
Hi, please see my recent post re; AK, the OFT are on their case - please contact the OFT as soon as you can with full details of the complaint etc. Strike now along with anyone else who has suffered at their hands.
This is exactly the right time for the OFT to be made aware of exactly what they are getting up to. I'm sorry to hear what they have done to you.
Regards0 -
i have been paying a 5000 debt with natwest trough moorcroft, they try the bulling tactics all the time. i have been paying for wait for it.
19 years.
the last few years at 35.00 a month on disability benifits. got a latter today saying i still owe them around 4000. now i am going bust and have ignored theire calls and letters just waiting to ring them and tell them what to do as i will be BR .
i to will be writing a letter to the OFT to inform them of their tacktics and shear lies and bullying :mad:.
more letters the better. not long now i hope about 2-3 weeks. :T0 -
Snoopy
If this is a loan or credit card, have you ever demanded the CCa or checked the default letter. There is a good chance that one or other is faulty and the debt is unenforceable.If you've have not made a mistake, you've made nothing0 -
We are looking forward to the day when the OFT issue "guidance" requiring them to amend their practice.
Well done.If you've have not made a mistake, you've made nothing0 -
Sweet, its nice to see the OFT doing there job and sorting out companies that behave like this.Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.
There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies0 -
Also, i found this postJust send a letter to the bailiffs informing them you are a vulnerable person under the "National Standards For Enforcement may 2002".
Considering your moms known illness, maybe worth looking into.Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.
There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 352.5K Banking & Borrowing
- 253.7K Reduce Debt & Boost Income
- 454.5K Spending & Discounts
- 245.5K Work, Benefits & Business
- 601.4K Mortgages, Homes & Bills
- 177.6K Life & Family
- 259.4K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 37.7K Read-Only Boards