Well I would like to sya a BIG thank you

hawkeye9999

:beer:

Sorry for the long post..

On Monday Evening I opened a letter, and to my horror found a “Urgent Final Demand” letter from Debt Managers Limited.

This seriously upset my wife, as she thought I had been hiding things from her, but this was the first letter I had received from this company, and it lists their clients as Aktiv Kaptial FI-DSG who I have also never herd off.

So out comes the phone, and I call Debt Managers Limited, and I’m not best pleased. They would not provide any information to me as I would not provide my DOB, at which point I was ranting at the woman, how do I know who you are, and you aren’t some identify fraud gang. I asked for them send details out but they would not send anything out unless I confirmed my DOB, so I ended the conversation.

After a bit of hunting on the Internet I found Aktiv Kaptial, and I called them, and I would only confirm my name and address, and their own reference number of the letter I had received, and they could not find my details on their system and started to ask about previous addresses, which I declined to give as I have lived at my present address for over 5 years.

Both companies were quoting the Data Protection Act and could not give out details unless I confirmed some details, and even quoted the same story of “If a parent had found their letter to their child and had called in pretending to be that child”, at which point I pointed out that most parents know their children’s DOB, and told them to get stuffed.

I was going to call back the next day, but I continued to use the Internet during the cause of the evening and have come across this forum, and it has shed light on some of their practises, and some helpful hints.:T

So I decided to send them a letter as shown below:



To Whom it may Concern:

I have received a “Urgent Final Demand” letter from your company dated 22nd November 2006, stating that I owe you the sum of £1,486.85. I must point out that this is the first and only correspondence I have received.

I do NOT acknowledge ANY debt to your company, please take note that any legal action you may contemplate will be both vigorously defended and contested.

I have spoken to my Solicitor, and have informed him that I have no knowledge of this debt or yourselves. He has advised me to request:

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose the sum of £1.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

I expect your reply within 12 working days, as laid down in the law of the land.

Direct Quote from Halsbury’s Laws of England
"....The creditor under a regulated agreement for fixed-sum credit, within the period of 12 working days after receiving a request in writing to that effect from the debtor and payment of a fee of £1, must give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,

(1) the total sum paid under the agreement by the debtor; (2) the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and

(3) the total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due....................
........ If the creditor under an agreement fails to comply with the provision he is not entitled, while the default continues, to enforce the agreement, and if the default continues for one month he commits an offence"

After searching the Internet for your company I have found a common compliant against you that your common practise is to search the electoral roll, and to contact all persons of that name, I have now searched the electoral roll and found six people with the name “************” in the ******** area alone.

Upon phoning your company on the evening of 27th November 2006, no further information regarding the debt was received as I was not willing to provide any personal details (DOB was requested), as at the time I was unsure if you were a legitimate company and not part of a Identity Fraud Gang.

Your representative was stating that no information can be released under the Data Protection Act, unless I can confirm my identity, and as previously stated I would not confirm my DOB.

I then performed some searched on the Internet and called Aktiv Capital, and again as I was not willing to provide any details other than my name and address, their representative was not able to find a record of my self on their system with my current details.

This makes me believe that you have approached me from the electoral roll, and if this is true you have broken the Data Protection Act by passing reference numbers and a outstanding debt balance of a different person to my self.

I have also checked my Credit File with Experian, and found no outstanding Finance Agreements, through any company including yours, I am aware that my credit file only shows Finance from the last 6 years, so either the debt you are chasing is over six year old which makes it technically statute barred under the Limitation Act 1980, or as I believe this debt is not mine and you have broken the Data Protection Act 1998 by providing details of an other persons debt.


If no response is received within 30 days;
• I will instruct my Solicitor to report this matter to the appropriate authorities.
• Assume that no Credit Agreement is in place and consider this matter closed.


Yours



Now some of you might of left it at that, but I actually work for quite a large firm of Solicitors and one of the perks of the job is free access to the Solicitors for any personal matters, so one of the Solicitors sent the following: (I’m assuming the above letter would of done the job but theirs nothing like a good Solicitors Letter to help get the ball rolling)



Dear Sirs,

re: Our client: ***********************

We act for Mr. ************** of the above address who has passed to us your letter of the 22nd November 2006.

Our client is at a loss to understand what your letter relates to as he is not indebted to anyone in the sum of £1,486.85 as you allege.

Would you please provide full details of the customer you represent and what this alleged claim relates to.

We look forward to hearing from you in reply as expeditiously as possible.

Yours faithfully,




Now I’m assuming reading some of your posts this is a record, they actually replied to my Solicitors letter the next day, with; (I’m still waiting for a reply though.)

Other: Your letter of 28/11/06 refers. We have been unable to obtain any documents from Aktiv Kaptial and in view of this have closed our file and returned it to them. No further action will be taken by us.

So again thanks for all the useful posts, it has removed this headache very quickly, and I wish you all the best.

On a final note, would it be worth having a go at Aktiv Kaptial, as Debt Mangers Limited are stating they are going to pass the file back to them.

Michael

cathybird

hi michael, well done!!! you've seen them off. I'd hold fire before having a go at Aktiv Kapital. Wait and see if they contact you - my guess is that the solicitor's letter you've already sent to the other mob has put the message over loud and clear. You're perfectly right, people who ring up out of the blue demanding personal details could well be an identity fraud mob and you did absolutely right not telling them anything. GOOD FOR YOU!!!!! :beer: :beer: :beer: :T :T :T

skylight

Nice one!!!!!!!!!

Can your Solicitor company do special prices for DFW MSE'ers perhaps???????!!!!!!!!