Are they right? Is this legal?

GeorgeUK

It doesn't matter if you made a payment yesterday!!
If they can't prove the debt is yours (by providing a copy of the CCA), then you are not liable.

Did you send the letter suggested by weller about being refunded?

If so, i would take this to the OFT. Just because they don't want to follow their guidlines doesn't mean they will get away with it.

Make a list of you letters and the dates sent and what was received. (Brief notes)
This should show a timeline that will allow the OFT to start the bottom kicking process.

debtfreein2007

Just to follow up on this old thread, Aktiv Kapital are still at it, they're still chasing me even though they can't provide any evidence of where this debt originated. They have even started their daily phonecalls again, despite me writing to them twice, asking them not to and quoting the relevant legal acts.

I'm going to write to the Financial Ombudsman (or would the OFT be better?) and see if they can help. I feel that they're being really unfair and frankly trying to scare me into handing over money that I'm not even sure they are entitled to.

debtfreein2007

Apologies for replying to my own post but I've been doing some searching and I'm not sure now who I should be complaining to.

My complaints are: they can't provide me with the CCA, they won't remove the default on my credit rating despite not being able to give me any info on this debt and I have asked them to stop phoning me and they continue to do so.

OFT, Financial Ombudsman or Information Commissioner?

Thanks for any help, I really appreciate it!

skintbutsmiling01

sorry cant advise you properly but I would think the Financial Ombudsman would be your best bet. Don't give up!

RAS

Useful contacts below

Office of Fair Trading, Contact page: http://www.oft.gov.uk/advice_and_res...ase/legal/cca/

There appears to be this email address for complaints regarding non-compliance with the guidelines. [EMAIL="debtcollectionguidance@oft.gsi.gov.uk"]debtcollectionguidance@oft.gsi.gov.uk[/EMAIL]

The Information Commissioners Office, Complaints page: http://www.ico.gov.uk/complaints.aspx
(note: I chose to complete and download the .pdf form on Data Protection, which I am also sending to the other offices, with an accompanying letter)

Trading Standards, Central office homepage: http://www.tradingstandards.gov.uk/
-Please note, you can search by inserting the postcode in the top right hand corner, remember to use the postcode of the DCA rather than your own-

Consumer Credit Association, enquiries page: http://www.ccauk.org/consenquiries.htm

the Financial Ombudsman Service, Contacts page: http://www.financial-ombudsman.org/contact/index.html

Members of parliament list, (as provided by RAS): http://www.parliament.uk/directories/hciolists/clomps.cfm

fermi

Normally the OFT (via Consumer Direct) and Trading Standards are the places to start.

debtfreein2007

Quick update: wrote to the Financial Ombudsman but haven't heard back. Told them that Aktiv Kapital couldn't even tell me what the debt was about and also told them that they continue to phone me despite asking them not to. Sent a copy to Aktiv Kapital who replied and said they'd wait for the outcome from the Ombudsman - since then, AK have been phoning me even more often at home and it's so depressing every time the phone goes

I'm considering sending everything to the OFT as well to see if they can help more. Just thought I'd update you guys.

poorbabe

Hi DF

I can't offer much in the way of advice as I've no experience of your situation, but could you not screen your calls? Let everything go through to voicemail/answering machine even if you are expecting one, then respond if necessary? Or ask personal callers to give you a drop call on your mobile then you can call them back (assuming you have inclusive minutes)?

Good luck with this, but done let Aktiv get to you. It's not a Crown debt so I'd imagine you can't go to jail for it.

RAS

fermi and I were having a bit of a discussion about this last night,

Start with reading the OFT Guidelines for debt collection from the link below.

Office of Fair Trading, Contact page: http://www.oft.gov.uk/advice_and_res...ase/legal/cca/

The Information Commissioners Office, Complaints page: http://www.ico.gov.uk/complaints.aspx
(note: I chose to complete and download the .pdf form on Data Protection, which I am also sending to the other offices, with an accompanying letter)

Trading Standards, Central office homepage: http://www.tradingstandards.gov.uk/
-Please note, you can search by inserting the postcode in the top right hand corner, remember to use the postcode of the DCA rather than your own-

Consumer Credit Association, enquiries page: http://www.ccauk.org/consenquiries.htm

the Financial Ombudsman Service, Contacts page: http://www.financial-ombudsman.org/contact/index.html

have you sent them a telephone letter?

Will be back with a another link in a mo.

GeorgeUK

Can i ask what the original debt was? Can't find it in the thread.

Also - are they charging interest on this?
Didn't think that was allowed - If there is no contract between you and the DCA, are these charges legal?