Aktiv Kapital?Thames Credit

mrssquirrel

Thanks for all the advice. I've sent the prove it letter today and hope this will get some response at least. Have never dealt with such slippery customers as these before- they seem to have an excuse for everything. Noted that last year Thames Credit sent me back the one pound postal order, saying they couldn't process my request for documentation as they had been unable to confirm the relevent information required despite repeated written requests ( one letter asking for us to phone them!!!!) and asking for us to phone them again. Mmmm- if they are holding a debt and have our address, what else do they need.....?

RAS

mrssquirrel wrote: »

Noted that last year Thames Credit sent me back the one pound postal order, saying they couldn't process my request for documentation as they had been unable to confirm the relevent information required despite repeated written requests ( one letter asking for us to phone them!!!!) and asking for us to phone them again.

Did this CCA request refer to teh same account?

fatbelly

It would be good if the Office of Fair Trading fired a warning shot across these people like they have done with First Credit and Mac Hall.

Enquiries and Reporting Centre
Office of Fair Trading
Fleetbank House
2-6 Salisbury Square
London
EC4Y 8JX.

They don't deal with specific complaints but do log them and build up a picture of unfair practices

mrssquirrel

Had another letter today from Aktiv kapital in reply I presume to the 'prove it' letter I sent on the 11th Nov. It was a statement of account showing we owed them 12,000 as from the 1st october 2008, the original debt apparently owing to Lloyds TSB. They quoted an agreement number from TSB which bears no resemblance to any of the only 3 agreements we have ever had with TSB (all of which have been paid off). They also stated that this is all they had to provide as they have bought the agreement from TSB. We attempted to phone TSB to check on what this agreement was supposed to be. They tried to fob us off to their debt recovery dept, which, surprise, was closed. They also gave us another number to phone, which turned out to be-wait for it- the number for Aktiv kapital! (not the 0800 number and, not surprisingly, not open at the weekend!). We are absolutely confident that there is no debt still owing to anyone. We just can't seem to get this through to anyone. Any further suggestions would really be appreciated, as at the moment I feel as though I'm taking part in some lifesize Escher puzzle!!!!!(And it won't go away!!)

DarkConvict

Not sure what to suggest but resending a modified prove it letter, stating you had received there details but they do not confirm you owe the money.
The neither the account numbers or stated amounts owed provided, do not match any current or previous accounts held with any provider you have used, and unless they can provide sufficient proof such as signed paperwork and a list of statements to prove the debt is owed by yourself and the amount owed is correct you do not acknowledge this debt.

*But in thinking about it, unless they can prove without a doubt you are the debtor in question under OFT guidelines and DPA, they can't actually send you the details incase you are not the debtor for this debt. As they can't release details to 3rd parties who shouldn't access them, if this is not your debt then you would be a 3rd party with in right to see the information. And under OFT guidelines they can't ask you to provide details to prove who you are, and that your not liable.

OFT Guidelines - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

2 UNFAIR BUSINESS PRACTICES
Communication
2.1 It is unfair to communicate, in whatever form, with consumers in an unclear,
inaccurate or misleading manner.
2.2 Examples of unfair practices are as follows:
e. failing to provide debtors or creditors with information on status
of debts, for example, not providing requested balance statements when
reasonably requested

False representation of authority and/or legal position
2.3 Those contacting debtors must not be deceitful by misrepresenting their authority
and/or the correct legal position.
2.4 Examples of unfair practices are as follows:
f. pursuing third parties for payment when they are not liable

Physical/psychological harassment
2.5 Putting pressure on debtors or third parties is considered to be oppressive.
2.6 Examples of unfair practices are as follows:
i. disclosing or threatening to disclose debt details to third parties unless
legally entitled to do so

Deceptive and/or unfair methods
2.7 Dealings with debtors are not to be deceitful and/or unfair.
2.8 Examples of unfair practices are as follows:
j. requiring an individual to supply information to prove they are not the
debtor in question, for example, driving licences, passports, full name,
date of birth, signatures

mrssquirrel

The saga continues.... Today we contacted TSB's own debt recovery department, and they have no record of the 'original Lloyds agreement number' quoted by AK. Will take your advice and send them a 'what is this debt and prove its mine?' letter containing the information gleaned from the bank today. We are absolutely sure this debt is not ours. Thanks.

DarkConvict

Its worth pointing out section 2.8j as above. They need to prove you owe the debt and failed to do so, you have gone beyond your duty by talking to TSB to ensure this is not your debt.

Not sure if others agree, but might be worth tagging on, that you consider this matter closed and any further letters received from themselves which fail to prove this is a valid debt that you owe, will be considered harassment and be reported to OFT and FSA for investigation into their business practices.

Also point out that you are aware that Aktiv Kapital is currently under investigation for continuing to breach the OFT guidelines. - http://forums.moneysavingexpert.com/showthread.html?t=1933033&highlight=aktiv