Debt managers LTD, HELP?

mary.poppins_3

Thank you so much, You're a godsend.

I have printed the letter and will post first thing in the morning when i get the postal order for it.

With a bit of luck they won't get back to me and i won't have to pay it at all but at least i have time to get some money if they do.

mary.poppins_3

I sent the letter but having just read over your post to check how long they had to reply, i just realised that i did not read your post properly and didn't send it registered or special delivery.

Should i re-sent the letter?

RAS

Mary

AK are very well known on here. Unfortunately by referring the debt back, Dm have avoided the letter stopping them transferring the "debt".

You may have to send AK another CCA letter, but they may just disappear. If AK has the CCA, it is likely that DM would have been able to get it in the time limit. Do not contact them unless they contact you. If so, it would be worth putting a DPA section in prohibiting them from transferring the debt unless they have the CCA. Then you can go to the Information Commissioner if they try it on.

You might be cheeky and as DM to repay the money that you paid them last year, to which they were plainly not entitled.

mary.poppins_3

So don't contact Aktiv Cap unless they contact me And if they do THEN i send a CCA again?
Who am i sending th DPA to, to prohibit them from transfering th debt?

Sory if i seem a bit dim.

HappyGoLucky_2

RAS wrote: »

Mary

AK are very well known on here. Unfortunately by referring the debt back, Dm have avoided the letter stopping them transferring the "debt".

You may have to send AK another CCA letter, but they may just disappear. If AK has the CCA, it is likely that DM would have been able to get it in the time limit. Do not contact them unless they contact you. If so, it would be worth putting a DPA section in prohibiting them from transferring the debt unless they have the CCA. Then you can go to the Information Commissioner if they try it on.

You might be cheeky and as DM to repay the money that you paid them last year, to which they were plainly not entitled.

The last question implied DM had not replied, Mary wanted to know whether to send letter again recorded.

AK are not a finance company (post 1) despite what DM claim. DM are a collection agent for AK (like Thames Credit), as such AK are already bound by the CCA request.

Mary, did they cash your £1.00? If so you have proof that the CCA letter was received.

mary.poppins_3

Sorry happy, I sent a private message to RAS because i wasn't sure if anyone was reading this thread anymore.

Dm returned my CCa letter and £1 fee saying that it had been passed back to Aktiv and that i should contact them instead but they didn't send any forwarding details and i don't know who Aktive are. Hence RAS's post.

The problem is, I'm not sure if i read his post properly and whether I'm supposed to just leave it now unless AK call me???

RAS

mary

You could well leave it as this debt is unenforceabl;e but we have been talking on here about DCas playing pass the parcel, so keep looking here.

We do not forget you. Just write a few words and your thread comes to the top of the pile.

RAS

Mary

i would sedn this to DM

Send this letter after the 12+2+30 days.

Re: my request under s78 of the Consumer Credit Act 1974.

I do not acknowledge any debt to your comapny.

Thank you for your recent letter sent to me dated **DATE**, the contents of which are noted. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter, dated **DATE**. Upon receipt of the original request the specified account legally entered into disputed status.

My request remains outstanding. An application form does not constitute a true copy of a credit agreement and that which you sent doesn't even contain all the prescribed terms and is not 'properly executed'. The statements sent do not correspond to the amount stated in your earliest correspondence and therefore they do not satisfy the requirement to supply me with a statement of account.

As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

You had until **12 days DATE** to provide me with the true copy I requested. After that date you entered into default of my request. Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agencies (or any third party).

To register information with a credit reference agency, you must have written consent from the data subject to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office.

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit an offence. You entered into a default on **12 Days DATE** and subsequently committed a criminal offence on **MONTH DATE**.

Therefore you have 7 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint, otherwise your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to hold a consumer credit license in the future.

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

Communicate in writing and ONLY in writing, your telephone calls will NOT be answered.

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.


I would appreciate your due diligence in this matter.

I look forward to your reply.

Yours faithfully

mary.poppins_3

Ras.

I did everything that you said and have today rec'd a letter from a different company called buchananclark + wells.

Its says that they have been instructed by aktiv kapital asset investment ltd to recover an overdue bebt.

"Our clients have informed us that they are unaware of any legitimate reason for ono payment of their account an although they would prefer an amicable settlement, will not hesitate to commence legal proceedings if necessary."

It then requests tht i call their 24hr payment line IMMEDIATELY to make my payment.

What do i do now? Do i have to send those letters again or do the ones that i already sent still stand?

GeorgeUK

Passing on a debt which is in dispute breaches OFT guidelines. (2.6 h)
Not sure if there is a template letter for that which you you can send to BCW.

Has it been 30 days since you sent that last letter?