WELL HERE IS THE RESPONSE TO THE LAST LETTER I SENT ( THANKS TO BRIGADIER) 16 November 2012 Ref: xxxxxxxxxxxx Client: Aktiv Kapital UK Ltd Client Ref: xxxxxxxxxxx Dear xxxxxxxxxxxx, I write with regard to your email of 15 November 2012, issued in relation to the aforementioned account. BCW Group acts in good faith on the information and instructions issued to us by our clients. We are passed this information on the basis that the information provided is true and correct at the time of issue. We were, at no time, advised by our client of any ongoing disputes or unresolved complaint issues. In this instance, we were passed an account in your name with instructions to pursue for the full balance accordingly. In passing this matter to BCW Group for debt recovery purposes, our client is satisfied that the balance is correct and due. Your above referenced letter is the first contact we have received from you advising that you regard the account to be subject to statute limitations. In view of the points raised in your letter, we have closed our file and returned it to Aktiv Kapital UK Ltd. No further correspondence shall be issued by BCW in relation to this matter. As a result of this we would not consider that our actions are contrary to the OFT guidelines quoted by you. Please do not hesitate to contact us on 0845 111 0411 should you require any further assistance. You can also e-mail on contactus@bcwgroup.com Yours sincerely, Miss Ashley Douglas Quality Assurance Administrator BCW Group

Thank you for all your support.

right, so best option here really is to push the SB and see where it leads, the agreement is 2003, im sure its been near 6 years since they have had a payment or any thing.

Thank you Brigadier, I will send them this letter today. I have checked the file and AKTIV KAP had sent me a copy of an application and some T&C's dated 2003, im not 100% sure if it is SB, but looking at the dates it seems to me it could be. The original lender was barclay card, is there some law on agreements/applications before 2007 not being enforceable?

was thinking of sending her this as a response to her mail???? Dear Miss Douglas, Thank you for your reply, the contents of which have been noted. Aktiv Kapital have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the alleged account. On 06/01/09 I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/78. Aktiv Kapital have failed to comply with my request, and as such the account entered default on 20/01/09. The document that they were obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account. Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you/your client enters into a default situation. This limit has expired. As you are no doubt aware section 78(6) states: If the creditor fails to comply with Subsection (1) (a) He is not entitled , while the default continues, to enforce the agreement. Therefore this account has become currently unenforceable at law. As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8 (i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued' (k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt' Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment. You have 21 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I look forward to hearing from you. This should be in writing, I have no wish to correspond by telephone. Yours faithfully

Well i have a response: Dear xxxxxxxxxxxxx I write in regards to the below correspondence, the contents of which have been noted. Having reviewed our system file I note we have previously addressed the issues raised in the below email and therefore can only reiterate our previous comments. Our client have advised a copy agreement and statements have been issued to you in relation to this matter. If you wish to dispute liability, please furnish us with details and documentation in support of such a contention. In the absence of this, we will be unaware of any valid explanation as to why collection activity should be ceased on the account. Yours Sincerely Miss Ashley Douglas Quality Assurance Administrator BCW Group

Thanks Bandit, I will wait for a reply and then hit them with that. I was just looking back at my file and found a copy of an application Aktiv had sent me when I asked them for a true copy of the contract, it was an application and not any credit contract, and dated 2003. Well I think the next move will be to send them a statute-barred letter. Any one ? Any thoughts?

thanks

ok

I have sent the below response, What do you think??? Dear Miss Douglas, Thank you for you mail, I have forwarded a copy to the Financial Ombudsman and have asked them to clarify your comments on Door Step collection. I refute your claim and do not acknowledge any debt to you or Aktiv Capital. I am familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question. I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. AND in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods. Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment. I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question. I await your written confirmation that this matter is now closed. Please be advised that I have made a complaint to Trading Standards and also have informed the Office Of Fair Trading of your actions. Furthermore, I would like to remind you should it still be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you. There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. Regards,

Can some one please advise, I had wrote to these muppets BCW Group and received the below response. They had threatened with a door-step call and i sent them the standard letter and go this reply. Client: Aktiv Kapital UK Limited Client Ref: xxxxxxxxxxxx Final Response Dear xxxxxxxxxxxx I write with regard to your email of xx November 2012 issued in relation to the aforementioned account. I can confirm we have undertaken substantive investigations into your claims and have concluded that your complaint has been refuted. The reasons for this are detailed below. BCW Group acts in good faith on the information and instructions issued to us by our clients. We are passed this information on the basis that the information provided is true and correct at the time of issue. We were, at no time, advised by our client of any ongoing disputes or unresolved complaint issues. In this instance, we were passed an account in your name with instructions to pursue for the full balance accordingly. By passing the matter to this office for debt recovery purposes our client was satisfied that the balance is due and collectable. I have duly noted the comments made in your above referenced email. The attached correspondence has previously been investigated and responded to. The response has been attached for your consideration. The case you have referred to is not applicable to your circumstances. As part of the credit agreement that you signed and entered into, you agreed to repay the full outstanding balance and that where necessary the creditor could recover the debt by outsourcing the debt to a third party, which included by way of doorstep collection. We are entitled by law and under contract to recover monies outstanding and we are allowed to take reasonable steps in accordance with regulatory guidance to recover such monies. The OFT’s Guidance on Debt Collection reference to making an appointment on field visits relates to, where say, the Agent has called round and advised by the customer that it was not a convenient time, then he should make another appointment. An appointment is not necessary for the initial visit. If however, the customer is not there at the agreed time, then the Agent can call again at an unscheduled time. The stage in which we issue a Debt Investigation Officer forms part of our automated collections process. This is pre-determined by our client. A visit from a Debt Investigations Officer is only proposed when every other available means of contacting you has been exhausted and an amicable resolution in this matter remains absent. We have attempted to contact you on a number of occasions prior to our letter in which we advise of our intent to arrange a personal visit from a Debt Investigations Officer. We are therefore satisfied that we have afforded sufficient opportunity for you to contact us to discuss this account. I have enclosed herewith a copy of our internal complaints procedure. Should you remain dissatisfied with this response, you have 6 months from the date of this letter in which to contact the Financial Ombudsman Service to facilitate resolution. Details on how your complaint will be handled by the Financial Ombudsman Service can be found by following this link: http://www.financial-ombudsman.org.uk/publications/consumer-leaflet.htm Please do not hesitate to contact us on 0845 111 0411 should you require any further assistance. You can also e-mail on contactus@bcwgroup.com Yours sincerely, Miss Ashley Douglas Quality Assurance Administrator BCW Group

so what do you suggest? i need to do some thing, a SAR will give me the info to see if it is SB

Maybe a SAR to Capital One? would this slow them down?

Thank you for your responce, im was trying to dispute that the agreement is un-enforceable, i have never seen a copy of the default notice, temination notice or notice of assignment. Is there any way of getting out of this mess? i am skint and can not afford to pay them. i have found a letter on the forum that i was going to send them: Dear Sir/Madam Re: my request under the Consumer Credit Act 1974 Thank you for your letter dated 16th June 2008. It would seem that you are of the belief that you have discharged your obligations under the Consumer Credit Act 1974 in particular section 78(1). You have provided me a copy of an application form and I feel it is my duty to draw your attention to some serious flaws in your comments. Firstly, to comply with section 61 of the consumer credit act 1974 which by the way refers to the signing of an agreement (Not an application), a document must conform to regulations made under the provisions of section 60(1) Consumer Credit Act 1974 otherwise it cannot be properly executed Now then, these regulations I refer to are the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553). These regulations set out the form and content of agreements. For an agreement to be compliant with the regulations it MUST embody within the agreement, the prescribed terms laid out in the SI1983/1553 without the prescribed terms the agreement does not conform to section 60(1) 1974 and therefore cannot be properly executed as described in section 61(1) CCA 1974. For your information in case you are unsure. The prescribed terms referred to are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia: - A term stating the credit limit or the manner in which it will be determined or that there is no credit limit, A term stating the rate of any interest on the credit to be provided under the agreement and A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following— (a)Number of repayments; (b)Amount of repayments; ©Frequency and timing of repayments; (d)Dates of repayments; (e)The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable. Now nowhere on the application form that you supplied is there any reference to these terms. I wish to remind you that the absence of these terms will render a document unenforceable in court and I also wish to point out that these terms MUST be contained within the agreement and NOT in a separate document headed terms and conditions or words to that effect Since the document you have supplied is a clear mailer application form, I cannot believe for one moment that these very important terms would be contained on the opposite side of the form, unless they are there for the postman to read while he delivers the mail. Therefore they must have been contained in a separate document, which is prohibited by the SI1983/1553, as there is no clear link to them within the signature document. Therefore, you have failed to supply an enforceable document, which is correctly executed as to be so; it must conform to the Regs under s60 CCA1974 I am of the opinion that a court is precluded from enforcing this agreement by s127 (3) CCA1974 as it is improperly executed under s61 CCA 74, the consequences of improper execution are set out in section 65 CCA 1974 and s65 sets out that only a court can enforce an improperly executed agreement subject to certain qualifications, one of those is that the document is signed and contains all the prescribed terms. Now since this document does not contain all the prescribed terms s127 (3) CCA 1974 strictly prevents the court from enforcing this agreement. If you cannot supply me with a document, which complies with the Consumer Credit Act 1974, and ALL of the Regulations made under the Act, I shall be forced to make a complaint to Trading Standards and I will also draw this to the attention of the Office of Fair Trading. I respectfully request you review this matter in light of my comments above and I request that you supply me the required information or alternatively confirm the account is closed and the debt written off with a zero balance. I respectfully request a reply within 14 days of the date of this letter. Yours Sincerely Also could it be pos that this is SB?

Can some please advise on the attached documents please, i have not heard any thing for a few months and then out of the blue got another letter demand from Cabot.