Hi there, Seeking further advice. TBI have recently sent me a statement of account and loan agreement which si fine and more than the original dca ever did. I have not CCA'd TBI but merely tell them that its in dispute wiht Wescot as they didnt comply to my CCA. TBI solicitor is threatening the usual and also saying that TBI have bought the debt inter alia etc etc. Can someone advise me what to do, as I think Wescot should be dealing with this. Thanks

U may find that only the 'ghost' appears and its a normal threat. I would send the letter and IF someone does turn up give them a copy of the same and say bye....

Heres what the FOS said recently to me:- Dear Mr X, Thank you for your letter dated 06 May 2008. After reviewing your complaint it seems that we would be unable to make a complaint against Aktiv Kapital as they are not the original creditor. However, if you would like to make a complaint against a firm with which you had a finance agreement then we may be able to consider your complaint. Yours sincerely Andy Mears Consumer Consultant I had replied to say they are acting on behalf of the OC.

No they didnt say under what regs...unless there is a way to go back to TS and FOS.. I emailed the FOS person dealing with my case, but no reply yet.

And they are part of Aktiv Krapital.

Already done....lets see what happens. Thanks

Hi All, Bumping this one. I have complained to the FOS and they have emailed the following reply:- Dear Mr X, Thank you for your letter dated 06 May 2008. After reviewing your complaint it seems that we would be unable to make a complaint against Aktiv Kapital as they are not the original creditor. However, if you would like to make a complaint against a firm with which you had a finance agreement then we may be able to consider your complaint. Yours sincerely Andy Mears Consumer Consultant I continue to receive letters from AK stating they will commence proceedings and forward to their solictiors....(well go on then)... I have replied back to the FOS and said they continue to harrass me for payment on these accounts and have not replied to my CCA request.. Any ideas on what I can do hereon in? Thanks

In my opinion, you have provided with enough food for thought... A complaint is definately in order and that to the FOS.... Keep all that they send you....

I have the FOS investigating them as I have complained too!

Just bringing this back as NCO have also started to send letters depsite not responding to my CCA request from 12 mths ago nearly!!! Any ideas... Should I CCA Lowells...or not..as NCO couldnt do anything...to provide a CCA

Anyone with any ideas? Cheers

Cheers 42MAN, This template has already gone and the above was their reply. I also CCA'd Wscot in 06 and that was not complied with so them harping on about sending me the agreement in 07 is far fetched. I will wait and see what they come up with...unless there are any wiser ideas?

Its 6 years on this side, and it your facts are correct, that is more than 6 years.... Let them huff and puff... There are plenty of sages here to help you.

Hi All, TBI have written to say that the Original Lender are not aware of any dispute between them and Wescot. They allege that the agreement was sent when I made my CCA request (no they never sent me anything), never followed up...You would expect them to chase for payment if they had the Agreement....Got you there TBI... They have requested the agreement again for the lender and will forward. Now, can they do this as the agreement was never originally provided and now Wescot have sold on to TBI... Any thoughts, comments or ideas for a further letter to be sent.... Thanks

My complaint about AK and them demanding constant payment from me without complying to my CCA request is now with the FOS.

Thanks R_QC. I will play dumb with them.

I will try and check my records and with the previous DCA. I think I paid them for about 12 mths prior to finding the holy grail. I dont think I have paid them for close on 12 months now and I think it may be close to S. barred. Thanks for the advice! I may even get someone to phone them...fnar fnar

Last summer i CCA'd our friends at NCO. They couldnt provide what I required and today I have been sent a new demands form Lowells saying they have now purchased the debt etc etc, Interestingly they have sent the letter to my brothers address who shares the same initials as me, and I did stay with him for a short while. As a CCA was never complied with, is there a template I can send to these lot? I think it may be statute barred as well...although I did make some token payments for several mths to NCO and that was before finding this excellent forum. Woudl it be wise to CCA them again or send them something else? Over the the guru's! Thanks

Thanks SP...

I CCA'd Wescot in 2006 - they never replied. Prior to finidng this forum, I CCA'd in 2007 and they placed account on hold and nothing ever came back from them as far as an agreement went. Now TBI have stated that HFC sold the rights , title and interest in, to and under inter alia, my agreement to TBI. They ask for direct payment now. I wrote and advised account was in dispute due to CCA never been provided and now letters with the promise of CCJ, Court Action etc etc comes. My understanding is that I had a dispute with Wescot who then passed it back to the Bank and the BANk then sold the debt on. IS THERE ANY TEMPLATE THE SAGES CAN POINT ME TO, TO SEND TO OUR FRIENDS? I have all evidence including a letter form WCS saying account on hold... Can they sell back if in dispute? Thanks

The TS have said it is not in the public interest to persue a case against them, espe with new legislation due from today.They had the gall to tell the TS that they are prepared to accept a discount on debts they cannot prove!

Hi there, Letter back from Trading Standards. It says:- That they have looked through my letters and papers and accept I made a request udner S77-79 of the 1974 CCA. They have also assumed the agreements are for fixed sum credit as opposed to a running account. Which case, the appropriate section is 77. They also confirm that any debt is unforceable whilst in default and then offence arises. It also states that from 6/4/2008, when Consumer Protection from Unfair Trading Regulations 2007 comes in, the offence from S 77(4) wll be removed and become decriminalised. They will not be investigating further with a view to prosecution as it would not be in the public interests to do so. The TS will be writing back to A. Krapital and point out that their actions are no in accordance with the OFT Guidance on Debt Collection. I am awaiting acknowledgement from the FOS....

Aktiv Krapital have been reported to my local TS and also the FOS last week. Let's see what they have to say

James, Well, obviously, ppl are being taken in, and until many of us make stands like we are, then, only will these half wits know not to mess about.... I have probably close on 2 inches of paper from them..

Formal complaint sent RD to the FOS today.....