Aktiv Kapital?Thames Credit

mrssquirrel

Can someone please give me some advice? Since last year the above companies have been demanding a repayment of over 12,000 pounds from what appears to be a Lloyds account. We believe this to be part of a mortgage on a property which was repossessed in 2004. we have a solicitors letter from the time of the court case, enclosing a cheque for the 'surplus' amount left over from the sale of the house, and as far as we know there is no outstanding money owed to anyone. Last October, Thames Credit began chasing us for the amount. I sent them the standard letter plus postal order, which they returned stating that since they has purchased the debt balance and not the original agreement, they were not obliged to provide us with a copy. We heard no more until this week when a letter arrived from Aktiv kapital (with the same signature!) stating that they had written to us several times (No not once!) and that they would begin proceedings to collect the money if we did not reply and settle the account straight away. I'm at the end of my tether with them and don't know what to do next. Please can someone out there help, it really is getting me down.

never-in-doubt

mrssquirrel wrote: »

Can someone please give me some advice? Since last year the above companies have been demanding a repayment of over 12,000 pounds from what appears to be a Lloyds account. We believe this to be part of a mortgage on a property which was repossessed in 2004. we have a solicitors letter from the time of the court case, enclosing a cheque for the 'surplus' amount left over from the sale of the house, and as far as we know there is no outstanding money owed to anyone. Last October, Thames Credit began chasing us for the amount. I sent them the standard letter plus postal order, which they returned stating that since they has purchased the debt balance and not the original agreement, they were not obliged to provide us with a copy. We heard no more until this week when a letter arrived from Aktiv kapital (with the same signature!) stating that they had written to us several times (No not once!) and that they would begin proceedings to collect the money if we did not reply and settle the account straight away. I'm at the end of my tether with them and don't know what to do next. Please can someone out there help, it really is getting me down.

You ought to ignore this debt cos if its from 2004 next year it will be statute barred anyway - just don't admit liability! If anyone writes to you just bin the letters.

Have you seen your credit report? Order Experian & Equifax and then post back whether there is a default and if so the dates etc...

also try and remember the last time you paid into this account or acknowledges ownership of it...?

Don't worry, things will be ok - you've come to the right place for structured advice.

fermi

BTW, Aktiv Kapital and Thames Credit are the same company.

One took the other over. Think it was Aktiv that bought Thames, but either way they are playing silly games with you by using different names. :rolleyes::rolleyes:

mrssquirrel

Thanks for advice. We checked credit report last year and there was no sign of there ever having been a default on payments quoted by Lloyds. However, there was one from-you guessed it-Aktiv kapital for the exact amount dated round about the time we received the first letter requesting repayment from Thames Credit....

DarkConvict

It probably is best to leave it to go statute barred as it is so close now.

As to the default, is that the last modified date or the default placed date. As the default should be placed within 6 months of the account going into default. So if they have removed the original default and placed a new one with a new starting date you should have it amended back. (But don't do it before the debt going statute barred). A DCA is not allowed to change the placed date of a default as that would make it last over 6 years.

fatbelly

Are they actually quoting the reference number of your Lloyds mortgage?

If so, and if they are claiming this is a mortgage shortfall debt then the position is not quite so clear. The Limitations Act gives them 12 years to commence action but MCOB rules say they should tell you of their intention to commence action within six years of the house sale.

National Debtline havea factsheet here:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=11_mortgage_shortfalls

I think it would be worth chatting this through with National Debtline and consider sending AK the sample letter at the end of the factsheet.

There is something very dodgy about this though, because you say the house sale produced a surplus. And AK demands often are very dodgy. See what ND say.

fermi

Hmmm.........

Missed the mortgage bit, but that does sound odd?

Exactly what are they trying to collect here?

mrssquirrel

It gets weirder. The original letter from Thames (Oct 2008)gave an agreement Number, which does not match the number quoted by the solicitors who conducted the repo sale. The letter ( a year later) from Activ Kapital gives only an account number and customer reference for them, though it says the original company was Lloyds TSB. Also the amount of debt appearing on the credit report quotes only the money allegedly owing to Aktiv. It was never posted as a debt by the bank. We think they are either chancing their arm, having bought a non-existant debt, or we are looking at someone elses debt. There has never been any correspondence from Lloyds TSB, who must have known our address, because the solicitors representing the sale for them wrote to us after the sale!!!!! Now you can see why we need help......

DarkConvict

It may be best to start with a prove it letter, they need to provide proof that the debt belongs to you. Provide statements, correct account numbers etc, as the details are inconsistent they might just be as you put it, chancing it.

never-in-doubt

DarkConvict wrote: »

It may be best to start with a prove it letter, they need to provide proof that the debt belongs to you. Provide statements, correct account numbers etc, as the details are inconsistent they might just be as you put it, chancing it.

Try something like this:

You know nothing of the Debt

Dear Sirs,

Account No:

You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I would point out that I have no knowledge of any such debt being owed to (insert company name).

I am familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question. I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable and in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question and await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

I look forward to your reply.

Yours faithfully




Sign digitally

fatbelly

mrssquirrel wrote: »

It gets weirder. The original letter from Thames (Oct 2008)gave an agreement Number, which does not match the number quoted by the solicitors who conducted the repo sale. The letter ( a year later) from Activ Kapital gives only an account number and customer reference for them, though it says the original company was Lloyds TSB. Also the amount of debt appearing on the credit report quotes only the money allegedly owing to Aktiv. It was never posted as a debt by the bank. We think they are either chancing their arm, having bought a non-existant debt, or we are looking at someone elses debt. There has never been any correspondence from Lloyds TSB, who must have known our address, because the solicitors representing the sale for them wrote to us after the sale!!!!! Now you can see why we need help......

Mrssquirrel - I was dealing with an AK debt today that I am convinced is nothing at all to do with my client. There is a very real chance that you are being targeted at random in the hope that you might at one time have had a connection with LTSB. That would probably be true for half the people I see and Lloyds are certainly our most common creditor.

I agree that (at this stage anyway) the letter provided by Never-in-Doubt is your best way forward.