Aktiv Kapital - One Mans quest to rid the world of bullying collection agencies

lambyman

Hi all,

Firstly, great site, great advice... I sent the the CCA letter to Aktiv Kapital with £1 after they said I owed Barclays Bank £600. Completely baffled as to what this was and after reading about Akitv decided to follow the advice here. THey have responded to me stating that the selling bank could not retrieve the documents as they had been archived!

Then they write that the Credit Services Association (who have not legal powers) states that their members follow their guidelines as closely as possible but it is up to each member to decide what they do.. I am a stockbroker so I know the difference between regulations and 'guidelines'.. I couldn't give a monkeys about the trade association guidelines but this is what they have sent me to try and baffle me with terminology.

Do they really think that I am going to pay for something I don't know about.. The same as me asking asking people here to pay me money becuase they owe it me, even though we have never had any contact.. Rant over..

Any ideas where to go now?

fermi

lambyman wrote: »

Any ideas where to go now?

Just replied to your other post, but I'll repeat it here.

If you don't owe them anything then you might be able to just ignore them.

However, if they continue to hassle you can send the the letter in this link:

http://forums.moneysavingexpert.com/showpost.html?p=8025389&postcount=2

I'm afraid that contains some "guidelines" but this time they are ones set by the Office Of Fair Trading and not some toothless trade body. Enough complaints that a debt collector is breaking them can result in the OFT investigating and revoking their Consumer Credit Licence.

OFT - Debt collection guidance (pdf 117 kb)

But make sure you keep a close eye on your Credit Reference Files in case they decide to register a default against you on these. If they should do, and the debt was not yours, you can complain and ultimately get action taken under the Data Protection Act.

lambyman

Thanks Fermi,

Great letter...

They have just blatantly ignored my question. If they showed me what the debt was then it might be that I am liable, in which case I would pay my dues.

Without proof what do they expect!!

Cheers

fermi

lambyman wrote: »

Without proof what do they expect!!

They expect you to just "roll over" and pay, just because they say so.:rolleyes:

They don't care whether you actually owe the money or not, as long as they can scare people with idle threats into paying up.

If you stand up to them, they will often just move onto the next [STRIKE]victim[/STRIKE] client.

grace

Well Im still waiting for my CCA agreeement from these people 30+12+2 days up on the 25th of this month, for an alleged amount I have no record of from Comet, I have never bought anything from Comet without paying for it in cash and havnt bought anything (due to lack of funds) from them in donkeys years....Im still to get anything to confirm this debt is mine from them....

fermi

grace wrote: »

Well Im still waiting for my CCA agreeement from these people 30+12+2 days up on the 25th of this month, for an alleged amount I have no record of from Comet, I have never bought anything from Comet without paying for it in cash and havnt bought anything (due to lack of funds) from them in donkeys years....Im still to get anything to confirm this debt is mine from them....

Well, in addition to pursuing you for a debt for which you are not liable (against OFT guidelines), they are also legally defaulting on your request for the original agreement.

While in "default" they are not entitled to enforce it either under the CCA74.

Again, if the debt was never yours then there will a) be no agreement and b) they are not entitled to pursue anyway.
So you just have to sit tight and let them make fools of themselves.

grace

fermi wrote: »

Well, in addition to pursuing you for a debt for which you are not liable (against OFT guidelines), they are also legally defaulting on your request for the original agreement.

While in "default" they are not entitled to enforce it either under the CCA74.

Again, if the debt was never yours then there will a) be no agreement and b) they are not entitled to pursue anyway.
So you just have to sit tight and let them make fools of themselves.

Yes thats the plan....

nufsaid

hi, sorry to piggy back this thread, but i have been paying off both companies for three years for debts they say they took over that were generated in 1999/2000. my credit file is a mess still even though i have been paying them off, and i potentially have another 4 years to pay.

i have just come across this site due to reserching some other tricky bank stuff and thought i may be able tog et advise:

i have had to cancel the direct debits to both of these companies and both have been intouch to arrange a new payment scheme.

as i have been paying them is it too late for me to challenge the debts?

RAS

Nufsaid

Welcome

You will not be able to use the statute barred case unless there was a complete break in payments of 6 years between 1999/2000 and when you re-commenced payments (England And Wales).

It is perfectly in order for you to require them to provide the CCA, providing the debts are covered by the Act. What were they for?

RAS

Hi

You might want to read this (rather long) thread in which kurjam queried the right of a DCA to collect on an 17 year old account that they had been paying recently. http://forums.moneysavingexpert.com/showthread.html?t=492738.

It gives you some idea of the process, although the DCA were particularly difficult in this case. Some of them admit they have no CCa after a few days and go away. A lot "refer it back to the original creditor", who is no more able to supply the documentation than the DCA.

grace

The issue with this Company is on going... although failing to provive a CCA they have continued to persue by letter this account... to the point where I have now contacted a solicitor (Through the free legal services of our Trade Union) to resolve this once and for all. As far as I can see this Company has no regard for the OFT, the law or anything else.