Akinika Debt Recovery Limited

SPELLKASTER

My bank, Halifax, has passed on a disputed debt out for collection.

I have raised various complaints against my bank, and in one letter recently, which remains unanswered, regarding rules set out by the FCA in the Consumer Handbook.

I am a vulnerable adult who is registered disabled and my health problems included a mental health condition, a heart problem, and other factors.

I have raised these same issues in the letter, yet Halifax have failed to answer.

Because the debt remains in dispute with the original creditor, they passed it out to Moorcroft Debt Recovery Limited.

I wrote to Moorcroft raising certain issues, and to which Moorcroft could not answer fully.

The debt was then returned from Moorcroft back to Halifax, and has now been passed onto another DCA called Akinika Debt Recovery Limited.

I sent Akinika a letter asking quite clearly for a deed of assignment, to which they respond they don't have as its still with Halifax.

Halifax did not respond for a deed of assignment when I asked them for it.

So, I don't believe that there is a deed of assignment as neither has responded for this.

Also Akinika have said the debt is not undisputed, well I sent them copies of correspondence clearly showing that the debt is disputed with Halifax.

Akinika also say that I have no contract with me, well if that's the case no contract means that they can't ask me for money!?

When I phoned the FCA recently, they told me quite clearly that whilst the debt remain in dispute with Halifax it should not be passed onto another DCA.

Anyone's thoughts please, I am clearly being treated unfairly by my bank and yet if I go to the FOS they will side saying bank did nothing wrong (been down that road before).

Don't know where to go from here, Halifax know of my financial situation as well that I am unable to pay due to receiving very little income, they are stressing me out left right and centre, passing the debt backwards and forwards and not replying to letters.

They also lent me money knowing full well I was a high risk and that I could default. This was raised as a complaint to the FOS who sided with the bank!!!!!

sourcrates

Hi,

So what exactly is the nature of the dispute, simply that, because of your health concerns, you borrowed money you could not afford to repay ? is that what it boils down to ?
A few of us have been there I'll tell you.

If that's the case then, unfortunatly they are entitled to continue the collection process, however, you are correct, you should of had a response to your complaint first, before the account was assigned, did you mark the letter you sent them "COMPLAINT" ?

If you have no faith in the FOS, your only other choice is to try again with the lender, fill in there online complaints form, then back it up with a phone call to make sure they will be dealing with it.

Making token payments of £1 a month/week may strengthen your case, rather than paying nothing.

SPELLKASTER

I've ask the lender for a copy of the deed of assignment they did not respond for this.

The loan agreement provided was an incorrect address at the time of executing the agreement, the credit card agreement provided remains unsigned by the bank.

I have raised more then enough issue to dispute the debt, the Financial Conduct Authority clearly told me the debt should not have been passed out to collection whilst both debts remain in dispute.

I've gone down Halifax's complaints procedure to no avail, I am waiting to hear from the Group's Director over the fact that the complaints manager did not respond to my recent letter regarding the FCA's Consumer Handbook guidelines, a lot of which Halifax had broken.

sourcrates

Only a court has a lawful right to see a Deed of Assignment, which is a list of a number of sale transactions, of which your debt is only one.

What you want is a Notice of Assignment, which is proof from the creditor that they have passed the debt on, and which they should have sent to you. Your argument with the DCA is that you did not receive a Notice of Assignmet from the creditor and there is therefore no proof that the DCA has any lawful right to collect the ALLEGED debt.

As regards your copy agreement, that sounds like it may be suspect, you need some expert advice on its enforcability, I will PM you.

SPELLKASTER

All I received was a Notice like in letter form from Halifax to say debt was passed onto Akinika for collection.

Halifax know very well accounts are in dispute and cannot be collected upon.

January2015

SPELLKASTER wrote: »

All I received was a Notice like in letter form from Halifax to say debt was passed onto Akinika for collection.

Halifax know very well accounts are in dispute and cannot be collected upon.

Our largest debt is with Hellifax and is being collected on their behalf by Akinika. The debt as not been assigned / sold to Akinika - they are merely acting as agents for Hellifax in this matter. The debt is still owed to Hellifax.

That said, our debt is not in dispute.

SPELLKASTER

January2015 wrote: »

Our largest debt is with Hellifax and is being collected on their behalf by Akinika. The debt as not been assigned / sold to Akinika - they are merely acting as agents for Hellifax in this matter. The debt is still owed to Hellifax.

That said, our debt is not in dispute.

If the debt has been put to collection then it has been assigned.

I showed documentation to Akinika that the debt is clearly in dispute.

January2015

SPELLKASTER wrote: »

If the debt has been put to collection then it has been assigned.

I showed documentation to Akinika that the debt is clearly in dispute.

My point was that the original debt is still with Hellifax - it hasn't been sold to Akinika as a debt collection agency.