Aktiv Kapital letter says I have made a payment towards debt, but I haven't. Please Help.

[kellyplanet]

To briefly summerise. In June of 2008 I recieved a letter from AK saying I owed money. I sent a CCA with a postal order for a £1 and never heard anything back.

 

I have had letters from a number of debt collection companies regarding the debt.

 

On the 13th May I received this from AK

 

Dear Kellyplanet

 

You have an account with us.

 

We previously asked a debt collection company to contact you and now your account has been returned to us.

 

We are pleased that you have made a payment towarsds the debt however there is £**** outstanding.

 

Our aim is to help you clear the balance. We will do this by saving you £**** on the balance as a special offer.

 

That means you make a payment of £**** and we will clear the rest for you.

 

Blah Blah Blah

 

Aktiv Krapital

 

Firstly I have never received CCA request I made in June 2008 and they transferred my details to 3 different agencies.

 

Secondly I have never made any payment to AK or anyone. I did send a £1 postal order and I am thinking they applied this to the debt however the balance on all the letters is the same. They can't do this can they?

 

Does anyone have any advice on how to approach this?

[lickthewallfatboy]

no they can't

 

they are a bunch of chancers who need to be told where to get off

 

tell them they know full well what the £1 was for,and they have a legal obligation to fulfil the request

 

that would not stand up if they tried to claim that in a court

[cerberusalert]

Did you send the 'In Dispute' letter? If not send this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

[dannyboy660]

Before starting the never ending letter carousel, wouldn't this be a good time to consider ignoring them??

 

They do not have the correct docs in place to take you to court, or they would have done all the necessary searches for property ownership etc and just gone ahead - you can bet your rosy red backside on that.

 

Why not just wait and get the court papers?? You've already done your bit. There are several possiblilities that need to be considered, before getting into a ping-pong match with a drone.

 

1) If it's CCA'74, you can be 95% sure they wont have an enforceable agreement.

2) It costs them money to issue court proceedings with absolutely no guarantee of success.

3) If it goes to court and you lose, you get a CCJ which you pay at a rate you can afford - not what the DCA wants.

4) If you go to court and you lose, it opens the door for an administration order et al, which can ditch your debts very quickly, you might be pleasantly surprised (subject to conditions)

5) By writing letters asking for agreements, information etc county court and district judges tend to wonder why, if it isn't your debt or you don't owe the money, wtf are you digging a hole by engaging with a DCA?? (They are human, and know the score)

6) Keeping in contact in writing, albeit in denial of liability, gives them more time to find the docs from an OC or previous 'owner'.

 

 

There you go, a little bit of 'Devil's Advocacy' there.

 

Is there really any point, in certain circumstances, getting into long winded pointless battles with these non-entities??

[make them aktiv runners]

Agree with Danny.

 

Report their letter to OFT, it fails CPUT by providing false information. It does not matter if Aktiv or one of their 3 appointees applied the payment falsely, Aktiv are responsible for any third party they choose to do business with according to CPUT.

[Nagasis]

As they are spouting how much you can save I think they know very well they don't have a leg to stand on.

[kellyplanet]

The only thing is it was due to be stat barred and come off my credit file in 2 years. If they applied a payment that 6 years starts again doesn't it?

[make them aktiv runners]

In their eyes yes, in the legal world no.

 

A payment would only count if they could prove it was an actual payment from you and you offered the payment purely towards the debt. A £1 CCA fee does not count, neither does any payment made by any 3rd party.

 

On the credit file thought, complain to ICO too.

[kellyplanet]

I am worried about my credit file as its beginnning to look ok!! I have had two defaults removed due to legalites.

 

Should I send a Subject Access Request to AK and ask them to prove that this payment was made my me?

[postggj]

It Seems They Have Credited The Quid To The Account

 

Cretins

 

 

Send Them A Letter Asking How And When Xyz Was Paid Into The Account

 

Was It By Cheque

Card

Tooth Fairy

 

A Complaint To The Oft To Follow Up Is In Order As Well

[postggj]

A Default Will Still Come Off The Credit File After Six Years

 

They Will Still Chase You For The Money If Not Statute Barred But Cant Send Any Thing To The Cra