Aktiv Kapital RE: Reliable Collections & Naturally Close

[Mummy_of_Five]

Hi

 

I was wondering if anyone can help me?

 

I left a message about Reliable Collections and Aktiv Kapital (UK) Ltd and was advised to send a CCA to get the original credit agreement because I dispute the amount that was added to the account.

 

This is the letter I have received from them: -

Aktiv Kapital (UK) Ltd Debt Recovery

15-February-2008

Reference: Fashion World T/A Naturally Close

Balance: £341.03

Dear Mrs Mummy_of_Five,

We acknowledge receipt of your request for information under the Consumer Credit Act 1974, however, we are not the original creditor nor did we provide you with the original credit facility. We purchased your outstanding debt balance and right to collect that balance, together with the right to apply interest in accordance with your original Credit Agreement (where appropriate). We did not purchase your actual Agreement, consequently we have no obligation to provide you with a copy of that Agreement.

However, as a matter of good practice, we will seek to obtain a copy of the original Agreement from the original creditor and if it is available we will forward a copy to you as soon as possible.

In the meantime there is no reason why our debt collection activities against you should be suspended, therefore, unless we hear from you by telephone on 01244 500656 or in writing to the address shown above within seven working days from the date of this letter, the matter will be passed back to our collections division for further action.

Please note that if the original creditor is unable to provide a copy of the Agreement that does not mean that we have no right to continue to request payment of the outstanding balance.

We are the legal owners of your account and your liability is now to us in respect of repaying the outstanding balance that was purchased by this Group of Companies

It is therefore in your best interest to agree an instalment arrangement with us, or discuss terms for settlement (we may give you a substantial discount on the original balance for early payment), within the next 10 days.

Yours Sincerely

OAKTIV KAPITAL (UK) LTD

As ypu can see the balance of the account is now £341.03, when the opening balance of the account was £46.98. The rest is the charges and interest that they have added while I was trying to get some help paying them. I had to leave work due to my husband having a very serious illness diagnosed and him needing a very serious brain operation, so i had to care for him and our 3 children whilst i was half way through pregnancy with our 4th. They were not interested on why I was having difficulties and ignored all letters i sent until this year when they answered me gave me 10 days to pay the balance, (obviously I couldn't) then sent it on to Aktiv Kapital.

 

Now I dont have any idea on what to do. Any help would be gratefully received.

 

Kind Regards

 

Mummy_of_Five

 

[42man]

What they say is cobblers, they have purchased the rights and duties under assignment which means they have the duties of obliging you with the agreement, either you are their debtor or not !! they are trying to cop out of providing you with the agreement..... basically without the copy of the Consumer Credit Agreement they cannot enforce the debt, no judge will allow it....., yes they can pursue you for it, it's just they can't LEGALLY get it off you....PLUS you are owed the excessive charges + 8% compounded interest....it could even be a situation where they owe YOU money...

 

Dear sir / madam.

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOU

 

Many thanks for your letter dated xxxx, you say that you do not have the duties under assignment to provide a copy of my Consumer Credit Agreement, I would be interested to know what Law Of Property you would attempt to enforce this debt on ? Is it a partial assigment ? or a full assignment ? Am I your alleged partial debtor ? or your alleged full debtor ? As you well know without a signed and properly executed Consumer Credit Agreement that contains the prescribed terms any debt whether owed or not is NOT LEGALLY ENFORCEABLE !! I will also consider making a claim against your company as I understand that it is not uncommon for debts to be made up entirely of excessive charges + in which case I would claim back + 8% compounded interest, which knowing some debts would turn out that you could potentially owe me more than the alleged debt you are chasing. Either you provide the relevant documents or I will have no further hesitation in taking court action. I note that you have XXXX days in which to provide a copy of my Consumer Credit Agreement defore you slip in to a default situation after a further xxxx days you will have committed an offence under the Consumer Credit Act 1974 at which point I will report this to the CSA, FOS, Consumer Direct/Trading Standards and my local MP.

 

PLEASE ALSO NOTE THAT I WILL ONLY CORRESPOND IN WRITING - ANY CALLS MADE TO ME WILL BE CLASSED AS HARRASSMENT AND TREATED AS SUCH

 

Your faithfully

[Mummy_of_Five]

Hi

 

Thamks for replying to me.

 

Should I send this letter to Aktiv Kapital? Or should I contact Reliable Collections or Naturally Close regarding the CCA?

 

Kind Regards

 

Mummy_of_Five

[42man]

I would send it to Activ....

[Mummy_of_Five]

Hi

 

Send the letter to Aktiv. Got my reply today.

 

We refer to your recent communication and CCA request with regard to this account and are now able to advise as follows.

We write to advise that we have tried to obtain the copies of the original documents on your behalf but unfortunately we have been informed by the selling bank that these cannot be retrieved from the archives. (coz they haven't got any copies of an agreement signed by me).

The Credit Services Association, of which this company is a member, advises in its guidelines that the sale process can be complex. However, it states that members of the Association are to deal with requests under section 77 (1) as though they were the originating creditor, in so far as they are able to do so. The CSA states that it is up to each member on an individual basis to decide how far to comply with the Act. It is the decision of this group to seek to adhere to the provisions of the Comsumer Credit Act as much as possible, but we have not inherited the liabilities of the original creditor, for instance having to provide a copy of the original agreement.

We did not provide you with the original credit facility. We purchased your outstanding debt balance and the right to collect the balance. We did not purchase the documents; consequently there is not an obligation to provide you with any copies. When accounts are legally assigned, we do not purchase the libilities of the original creditor.

We trust the above claifies the matter to your satisfaction and await your repayment proposals.

Yours Faithfully

Aktiv Kapital

I dont really have any clue on what this letter actually tells me about it, other than we dont have to send you the agreement and pay us the money a.s.a.p.

 

Any advice will be greatfully received.

 

Kind Regards

 

Mummy_of_Five

[debt4get]

I think you will find that 42man says it all they cannot legally enforce the debt without the signed CCA they are trying to bully you into paying. I would sit back wait till they default over the 30 days and report them

[debt4get]

have a read of this CCA Request - Aktiv Kapital and use the letters, these idiots cannot force you to pay without the CCA, they are subject to the same laws as the rest of us, send em the letter reminding them of their liabilities under the CCA these people will use every underhand tactic known in order to get the money

[ScarletPimpernel]

Well, s.189 of the CCA 1974 defines a creditor as ‘the person providing credit under a consumer credit agreement, or the person to whom his rights and duties have passed by assignment’. It's curious how many DCAs appear to suffer from some sort of dyslexic syndrome that makes them not see the and in 'rights and duties'. In other words, they can't choose just one part because it suits them.

 

As far as I know, the Law of Property Act 1925 only deals with absolute assignment - i.e. rights and duties again.

 

Do they really believe that they don't have to produce the agreement, or that they only bought the rights? I think not. Their careful wording is a giveaway: "Please note that if the original creditor is unable to provide a copy of the Agreement that does not mean that we have no right to continue to request payment of the outstanding balance." This is, of course, true - they can request payment. What they can't do is enforce a debt if they (or the OC) can't produce a compliant executed agreement.

 

The stuff about the CSA is bullsh1t; who cares what the debt industries mutual bottom-sniffing club says?

 

I'm sure they also know that their 'requests' could amount to harassment within the meaning of s.40 of the Administration of Justice Act, and other legislation.

 

Ignore them, and once they have defaulted or make any more demands make a formal complaint and then escalate it to FOS. That'll learn 'em.

[NORNIRONGIRL08]

how can atkif Capital put a deafulted account on my CRA without me knowing about it? I aint ever had any debts with them

[Filthy Monkey]

They can't. There are certain guidelines and procedures they must follow and you can easily challenge it. Start your own thread on this and somebody will be along to give you advice.

[zazen.warrior]

It's not what they say in that letter but what they intentionally leave out; these people are unbelieveable.

 

If I had received it I would be very tempted to send either a very short terse response or an extremely long lecture by way of a reply but they would both essentially say whistle for it...

[Curlyben]

Just so happens I have just the letter for AK, now there's a surprise

 

Account In Dispute

Letter Before Action

 

Dear Sir/Madam,

I refer to my recent correspondence with your company concerning this alleged debt, copies of which are enclosed for your perusal and ease of reference.

As **DCA** have failed to comply with my Consumer Credit Act request and admitted that the alleged signed executed agreement is unavailable, enforcement action is impossible under section 127 (3) of the Act.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, Your company commit an offence. These time limits expired on XXXXXXXX and XXXXXXXX respectively.

 

As you are no doubt aware subsection (6) states:

 

If the creditor under an agreement fails to comply with subsection (1)—

 

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

 

Therefore as at XXXXXXXX this account became unenforceable at law and it is now my intention to refer this matter to the enforcement authorities.

 

If **DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40, Protection from harassment Act 1997 section 3 as well as breaching a number of the OFT Collection Guidelines.

 

Failure to respond favourably to this letter within fourteen (14) days of receipt will result in immediate litigation being commenced against your company without further notice.

I also require a copy of your internal complaints procedure as further action may be necessary.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours Faithfully

[Guest Old_andrew2018]

Thanks Curleyben

Well there you go arn't our friends at aktiv Kaptial getting better at writing their B.S;)

You can see why people pay up when they receive something like this, it utter rubbish the, credit service association is an old boys club, they can advise the members what ever they like.

There is no basis in law for anyone indivdual or company to decide how far it is going to comply with laws, and a link to that old boys club is

CSA Website

 

Regards

 

Andy

[vexlitigant]

Dear Mummy of 5

 

Incredulous at the wording of the response from Aktiv (your blog dated 6th March 21:43)

 

I would love to receive such a letter.

 

My response would probably go….

 

Dear Sir / Madam

 

What a pleasure it is to hear back from you, and may I add that in this era of impersonalised administrations and bureaucracies, and slack / casual use of the Queens English, I draw strength from you correspondence.

 

First, let me extend an emphatic thank you for what was no doubt your best endeavours’ in seeking to retrieve “copies of the original documents”. Never mind what I imagine was the curt response you received from the bank - as I’m sure we will each have fun exchanging many more letters in our angst to get to the bottom of this from here on in.

 

I must say that I almost wet myself laughing when I read the first few words that start the third paragraph of the letter to which I refer. Of course i’m not alluding to any kind of laxative effect that those bounders at the bank would prefer us to perform when they correspond. Their wrath has often had me in tears.

 

Let me explain. Like your organisation, I too, am a member of an association (two I believe), and to avoid any ambiguities, I fetched my copy of the New Oxford Thesaurus for clarification. An association is a consortium, coalition, union, league, guild, syndicate (fnar fnar – I do hope they don’t mean that type of syndicate coming from Sicily) federation, group, society and even Club!

 

I don’t profess to be an esteemed member of the CSA, although one association to which I do have an affiliation (by way of monthly subscription) is to The Fortean Times. At the time of writing, one of their headlines reads “Was Moses high on psychedelic drugs”, whilst another reads “Binary ‘Deathstar’ has earth in its sights”, however my absolute favourite has to be the story under the news story “New threat to our way of life: giant pythons”

 

It really does kill me to imaging how many cranks there are out there, and indeed how many more have access to keyboards, but we do have to recognise the skills of those journalists, authors and clerks. I bet you and I could compare notes on acquaintances with similar said access to computing machinery.

 

Before I lose your attention and begin to suck away your will to live (beware those giant pythons!!) you may wonder why I am banging on about associations, and it is really quite simple. Associations don’t make the law!!

 

How do I know this? Quite simply because, very recently, using some fancy fonts on this computer and my printer, I made a letter head and formed an association (called “I’m off on my plasma energy conduit to planet Zog”), and went so far as to drafting some guidelines. Those guidelines give (gave) me the power to ignore all forms of artificial life, artificial intelligence and artificial authority.

 

Whilst speaking with my GP about those ‘Guidelines’ he garbled (as they do) some nonsense about ‘sectioning’. Now, he (my GP) is probably a bit of a loon, but he did a good job to convince me that my ‘guidelines’, based on the fact that I had no authority, were not worth the paper they were written on.

 

I therefore do hope that my position is clear. As long as your association maintains its guidelines, then I will stick to mine, however, in reality, none have legitimate authority, and we really ought to try and stick to real life.

 

Do feel free to let me know which trip you are on, and whether you anticipate joining up for a glass of Chartreuse on Planet Zog

 

Ciao! "