Letter from Aktiv Kapital- but no record of debt on credit report

jmp1971

Hi,

I just received two letters in the same envelope, but from two different companies. The first is from Aktiv Kapital saying they have brought my account from Lloyds ( credit card) and I have an outstanding balance of £7,219.81. They say if I'm making payments to Moorcroft debt recovery then the arrangement will not be affected( I am making this payment under an agreement, but would of not know this?). The letter then goes on to say if I'm not paying to contact Moorcroft to make an affordable payment.
The second letter is what would appear headed paper from Lloyds bank. It states the bank has assigned all of its respective rights, title and interest in respect of my account ( including the outstanding balance) to Aktiv Kapital. It also states all contact regarding my account should remain with Moorcroft debt recovery.

I'm not sure what all this now means. I have not missed any agreed payments, however no longer bank with Lloyds as it separated with Tsb and now I'm with Tsb.

I've searched my credit report to see if this debt is over 6 years old as I can't recall how long ago I had problems paying the card, but it's not on my report. No sign of it. What action should I take now? Please advise. I was thinking I may need to write to them ( well Moorcroft as that's the only contact details on the letter) and ask them for a copy of the agreement. From what I could find on here I would need to send a cheque for £1 to cover this.mis this correct. Any advise would be greatly welcomed by me. Thank you in advice.

Lensman_2

Are you currently paying someone else on this? If not, has it been 6 years since you did pay someone?

If you are currently paying, they should honour that agreement.

If you haven't paid anything in 6 years it is likely to be staute barred.

Potplant_2

I have received the same thing today one envelope, two letters from Lloyds and Aktiv. The only difference is that I have an agreement with Westcot for this debt.

My main concern is that Aktiv appear to have a really crap reputation and I really can't handle another company giving me grief

jmp1971

I'm going to send them a letter as I've a feeling they don't have the original agreement for the credit card. I took it out some 20 odd years ago and the bank has gone from Tsb-Lloyds Tsb-Tsb again, yet the debt is with Lloyds. Never took a card out with Lloyds themselves. I'm told if they don't have the agreement then can enforce the debt. I've nothing to lose.

jmp1971

Potplant wrote: »

I have received the same thing today one envelope, two letters from Lloyds and Aktiv. The only difference is that I have an agreement with Westcot for this debt.

My main concern is that Aktiv appear to have a really crap reputation and I really can't handle another company giving me grief

Oh I hope they are not crappy. I've read reports to say they treated people well.
My arrangement is with Moorcroft. It appears they allow other agencies/collectors to work on their behalf.

[Deleted User]

jmp1971 wrote: »

I'm going to send them a letter as I've a feeling they don't have the original agreement for the credit card. I took it out some 20 odd years ago and the bank has gone from Tsb-Lloyds Tsb-Tsb again, yet the debt is with Lloyds. Never took a card out with Lloyds themselves. I'm told if they don't have the agreement then can enforce the debt. I've nothing to lose.

good luck with that one

fatbelly

Both of you - if the agreements you have with Moorcroft/Wescot are affordable then continue with that.

Just because a debt has been assigned should not mean you should consider stopping payments.

However, you now know that it has changed hands for a smaller amount than the full balance and the new owner may be open to a full & final settlement deal should you be able to access a lump sum.

I would caution against stopping payments and challenging the new owner under the Consumer Credit Act. You can, of course, do a s77-79 CCA request at any time but please note that ultimately unenforceability can only be decided by a court and if a judge disagreed with your arguments re unenforceability then the judgement would be for the full balance plus costs and the new ccj would then appear on your credit file for six years.

Better to use any weakness in their paperwork as strengthening your argument why they should accept a lump sum f&f rather than a long instalment plan.