Store card debt

Joseph_1

Hi everyone,

I've recently recieved a letter from Aktiv Kapital claiming that I owe £333.58 on a storecard that was paid off and destroyed 2 years ago. They claim that they have tried to get in contact with me (not true) and now I have 14 days until a field agent turns up on my doorstep. Firstly does anyone know Aktiv Kapital? if so whats the best way to deal with them. Secondly has anyone had the same sort of thing happen to them and can you help in anyway?

Thanks :eek:

compulsivespender79

Hi Joseph, and welcome,

Now, I am definitely no expert, and there are plenty more people around here that know an awful lot more than me - I'm hoping that someone will back me up though! - Under no circumstances let them pressure you into agreeing to giving them ANY money!!! Also, write and ask them for a copy of the Consumer Credit Agreement. Ans I don't know if the next bits right, but how about contacting the company that you had your store card with to confirm that the debt is settled? If they can confirm that in writing for you you could forward it on to the debt collection agency.
But as I have learned from personal experience, the most important thing is not to be bullied into giving them any of your money!

Best of luck :rolleyes:

RAS

:rotfl: Akakakakakak:rotfl:

typical

Do nothing until we have a bit more information.

The field agent has all the power of a paperboy if he ever turns up and we will see if you even owe this money.

Joseph_1

Thanks for all of your input firstly.
Have I got this right???
I SHOULD ask for a Consumer Credit Agreement from 'Aktiv Kapital' and then wait to see what happens? (Is this right?)

RAS

YES

Please do not sign it, just print your name. We have instance reported here when the returned sig was that of the person who sent the letter and not the putative debtor!

theThe Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG

Dear Sir/Madam

Re:− Account/Reference Number 4563210025897412

I do not acknowledge any debt to your company.

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

1. We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request; your obligation also extends to providing a statement of account. . We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

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

We understand a copy of our credit agreement should be supplied within 12 working days.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

We look forward to hearing from you.

Yours faithfully
Mr A N Other

The one pound is the statutory fee that you have to send to pay for the CCA.
it must be sent registered mail or special delivery and check when it is received.

The DCa have 12 working days plus 2 to respond to you before they are in default. 30 days after that, you can tell them where to go, rather firmly.


As part of this they have to provide a statement, so you can see what is going on.

Joseph_1

sent this letter with the consumer credit quote.
They've sent me one back saying that-
'They're not the original creditor therefore do not have a copy of the original credit agreement' but 'as a matter of good practice will attempt to obtain a copy of the original credit agreement if available'
If they can't they say that this doesn't mean they have no right to continue to request payment!
They then go on to say that it is in my best interest to agree an instalment arrangement with them and (they may give a substantial discount for early payment)

What to do next??

Cheers

Broken_hearted

If they can't get one they can go jump.

Burlesque_Babe

Nothing they can do if they haven't got the CCA.

Merlot

Absolutely ego Broken Hearted, can't do a thing without the signed agreement. Plonkers have bought a debt and are trying it on with you, don't give them any money, and tell the paper boy to politely p*ss off if he calls.

Joseph_1

They have actually replied to me but with a 'formal notice of assignment' from the original creditor GE Capital Global Consumer Finance.
Does this mean anything or nothing, do they still need to supple the agreement?

Cheers

davek1

it means little. they still haven't provided the CCA then the debt is unenforceable