Aktiv Capital confirm no outstanding debt but have been taking payments

Clani0

Dear all - firstly thanks to all those who have posted in the past as i have read alot which as helped me take control of my situation...

Ok - i have been steadly paying my debts of via Payplan but on reading this site i have decided to look into each debt in detail to confirm it is mine (some were due to my ex wife)

So until earlier this month i have been making payments to Aktiv Kapital for a Debt that states it was a goldfish credit card (orgionally a Morgan Stanley Card i think) totaling £544.53

So I requested a copy of the OCA, they cashed the £1 cheque and they respond with a letter stating

"As your account shows a zero balance and they can confirm that there are no sums outstanding, they do not have an obligation to send documents under the consumer credit act 1974.

A copy of our complaints procedure is enclosed"

However they were happliy accepting my payments to 07/10/2009 and i am certain that when asked for a settlement value they had a balance of hundreds of pounds showing

I have called them and questioned this and the chap i was talking to seemed a little confused as to what he must have been looking at and put me on hold - they are sending me a full statement of my payments

I feel that i may have cleared this debt elsewhere but at somepoint it passed via aktiv kapital and they have just been pocketing the money

Any advice to see if i am owed any money

Thanks

Nik

10past6

It may be the “alleged” debt existed prior to you making a CCA request, unable to produce a CCA they've probably returned the “alleged” debt back into cyber space, therefore making a zero balance with AK, I would suggest you make an SAR request, using the template letter below:

Data Protection Act 1998 Subject Access Request

Dear Sir/Madam

Account number: xxxxxxxx

Please send me the information which I am entitled to under section 7(1) of the Data Protection Act 1998 in relation to detailed occurrences relating to the account Numbers xxxxxxxx and xxxxxxxx-x

The following is by no means an exhaustive list but in the main this is what I require.

Please supply me with a complete list of transactions and charges relating to ALL accounting history with your organisation.

Additionally, all records you hold on me relevant to the above accounts, including but not limited to:

1. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to the account.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company

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. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response

4. True copies of any notice of assignment and/or default notice or enforcement notices that you may have sent to 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.

6. Details of any collection charge 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 these accounts 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 deed of assignment, or proof that you have a legal right to this money.

9. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

10. 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.

11. A copy of all account statements for the duration of the agreement.

12. Please would you also advise me of the logic involved in any automated decisions taken by you about me pursuant to section 7(1) (d) of the Data Protection Act 1998.

13. A True copy of the consumer credit agreement section 77-79 of the Consumer Credit Act of 1974.

Any other information relating to the account.

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, I shall be reclaiming them, and reclaiming the enclosed £10 Data Protection Act subject access request fee.

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 found to be acceptable.

sick_as_a_chip

hi i got a letter this morning from aktiv kapital saying that they are trying to contact me it tells me to contact them if i am the above named person or if not accept apologies any idea what i should do thanks.

Tixy

Hi sick as a chip and welcome

Does the letter say anything about what debt they want to talk to you about? Presumably it is in your name? Are you currently paying any money to AK? Do you have any debts you are not paying?

I would ignore it. If they write again and give details of the debt they are trying to chase you for then come back for more advice -which will probably be to send the 'prove it' letter

sick_as_a_chip

hi thanks for the quick reply no the letter doesnt say what debt it is for im not currently paying any money to AK all i can think of is a catalogue which i sent a cca to about 6 months ago thanks again for the advice il do that .