Odd letter from Aktiv Kapital

fatbelly

Tixy is correct. S77-79 of the act says (note the bold bits):

The creditor under a regulated agreement for fixed-sum credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall 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 ...

The original text is at

http://www.legislation.gov.uk/ukpga/1974/39/section/77

happy_bunny_2

sparkle_star wrote: »

Well, I still haven't had a copy of the credit agreement. My credit card with MBNA was taken out before 2007, which is when I believe the rules changed with regards to unenforceability. I would like to know what I can do at the moment, legally, without making my situation worse. At the moment they have stopped the interest, but if I was to refuse to pay until they can produce this agreement, they may start charging interest again.

I am on a DMP with PDHL. My account manager contacted them by telephone on 23 October to request the CCA. Can I count this date as the start of the 12 days, or can it only be from them receiving a request in writing, with £1.00 payment?

As said, needs to be done in writing.

No produce CCA, no CCJ, can't make you pay, legally.

Couldn't see from previous posts, is the account defaulted?

sparkle_star

Oh hell, I did send a letter on Friday and paid £6.00 to have it delivered by 1pm today. Forgot to put a cheque in for £1.00 though!!!

sparkle_star

I received a letter from Aktiv Kapital on Saturday to advise me that my account has been put on hold while they 'endeavour' to retrieve the paperwork. Hopefully it will take some time!

happy_bunny_2

Yep. They ran out of time after 14 days, so if they write again just remind them of that.

panic123

Hi All,
Way back in the early 2000's i had a CC with MBNA and fell on hard times. I struggled to make the payments and in the end gave up. There has been no contact/payments for over 6+ years. Now AKTIV KAPITAL are saying that this debt was assigned over to them in Nov 2013.

They applied to the courts and obtained a CCJ order attachment to earnings. as i am self employed the court has sent me a letter stating
"the application for attachment to earnings is adjourned generally with liberty to restore" no time limit on letter.

But reading this forum I believe that this debt is STATUTE BARRED.
What are my options now.....Help!!!

I have not contacted / sent or signed any letters Aktiv Kapital.
and someone keeps turning up at my home trying to get me to sign for something, but wont say what it is?

fatbelly

A couple of answers on the other place you posted this...

https://forums.moneysavingexpert.com/discussion/comment/64961803#Comment_64961803

Stewart_78

I don't believe they can charge interest while the debt is in dispute ie. they haven't responded to a perfectly legal request for documents within the stated time.

rizla_king

Stewart_78 wrote: »

I don't believe they can charge interest while the debt is in dispute ie. they haven't responded to a perfectly legal request for documents within the stated time.

Which bit of legislation or guidelines says that?