Daughter v Aktiv Kapital

[Dispirited]

Hi,

 

Sent CCA on 25 July so the 12 days are definitely up. Are AK now in default?

 

If my sums are correct I think the 30 days are up on Sept 9. Should we be doing anything or just wait patiently?

[rory32]

Apart from withholding payment, just sit tight and do nothing at the moment.

[Brassed off]

Hi Dispirited:)

 

I usually work it out from the day after receipt of the CCA, so 12 working days from 27th July, would be 13th August (in default), 30 calendar days (offence committed) would be 13th September.

 

I'm having fun with Ak Krap myself - their 30 days were up on 20th August - haven't bothered telling them they have committed an offence, will just wait until they write again;) - I have bigger fish to fry:D

 

Bo

[Curlyben]

WAIT until they contact YOU !!

[Dispirited]

Thanks Rory, brassed off and Curlyben. We'll sit and wait patiently

 

Just a teeny query - they keep texting my daughter asking her to phone them. She knows not to contact them by phone, but do we just ignore the texts for now?

[mrmarmite]

they askin her to ring them on a 0870 number?

[Curlyben]

IGNORE all communications unless it's in writing on paper with a stamp and everything

[Dispirited]

mrmarmite - probably but can't honestly remember as they get deleted as soon as they arrive.

 

Curlyben, thanks.

[ODC]

Aktiv KRAPital passed me on to their 'agents' Thames Credit.How sad. I will treat them with the same indifference

[Dispirited]

Hi ODC, yes, will treat them with the contempt they deserve!

[djdave]

Although do keep a log of these texts, if they have defaulted on a CCA request then they're breaking OFT guidelines by continuing collection action.

[Dispirited]

Of course, should have done. Tsk, will do so from now on, thanks djdave.

[Dispirited]

I'm resurrecting this thread because AK have reared their ugly heads again.

 

They defaulted on their CCA in September 2007. I wrote a nice default letter to them and they have been quiet since. But last month they started sending nasty letters again. They're now threatening court action or debt collectors. What should my daughter's next step be?

[Rahl]

Could send them this letter :

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/144935-advise-needed-cca-request.html#post1526681

[ODC]

You must now report them to TS, the OFT and your MP as well as making an Official Complaint to them.

[Rahl]

Indeed you do . One good thing about making a formal complaint regarding the cca request , ie them not stopping asking you for repayments , is they are going to have to address the fact they have received a request just by explaining how they are still erring and asking for payment ..and are forced to put that knowledge of a cca request into written correspondence . Which you keep in case it later goes to court or transferred, better their letters saying they have received your request , than ignored and a long silence followed by a new dca taking up the alleged debt sometime later and you relying on trying to prove you sent that old dca a cca request ages ago. You cannot complain that they do not supply the cca, that is the function of agencies such as TS to determine the outcome , but you can complain of their actions as subsequent consequence if they do not adhere to the guidelines/regulations. So, get in a complaint that regards the cca asap, they are bound to keep asking for money after failing to produce one.

 

That is for the DCA's that never acknowledge your cca request and do not want to respond to your inquiries, the ones that would rather brush it under the carpet and continue asking for monies hoping you forget all about it.

Edited May 19, 2008 by Rahl

[Dispirited]

Thanks ODC & Rahl. Do you know if there's a letter template for reporting to TS / OFT?

[Brassed off]

There's no template letter for reporting them. When I complained about AK, I just rang Consumer Direct in the first instance:-

 

Consumer Direct

[babybear39]

Subscribing...

[Dispirited]

Hi Everybody

 

A quick update. Letter received from AK on 28 May. It said that they are not the original creditor, buying the debt gave them the right to collect. However, because they're kind they tried to get a copy of the original agreement but it is not available. They ended by saying 'we trust this clears matters up for you.'

 

Eh?

 

--

 

Next letter received from AK, on 5th June.

 

Please bear with us while we investigate the matter further. We will write with our findings in due course.

 

-

 

I guess we just sit and wait now?

 

 

[jpf104]

Game over for AK. No CCA, Equitably assigned debt - it's impossible for them to enforce. It's up to you if decide to pay them anything - no prizes for me in guessing what your answer to that one will be:D.

Let me know if you'd like an example of how I dealt with AK in this situation.

[babybear39]

They may sell it back to the OC but if there's no CCA, then there's nothing they can do with it either.

 

Keep the letter from ak stating no CCA available VERY safe and see what happens...

[Dispirited]

Thanks both for your replies. It's deja vous because they did the same last October, they couldn't produce a CCA but sent a long letter stating that because previous payments had been made it meant the debt had been acknowledged so they didn't need to, etc. etc. You know the story.

Then everything went quiet until now. So I'd really like to get a result this time round and hopefully get it sent back to the OC.

[babybear39]

Thanks both for your replies. It's deja vous because they did the same last October, they couldn't produce a CCA but sent a long letter stating that because previous payments had been made it meant the debt had been acknowledged so they didn't need to, etc. etc. You know the story.

Then everything went quiet until now. So I'd really like to get a result this time round and hopefully get it sent back to the OC.

 

If it does get sent back to the OC, CCA them, and then use this if they can't produce:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/147392-cca-dcas-unfair-commercial.html

 

Let us know what happens please.

 

Good luck and best wishes.

[Dispirited]

Hi All,

 

Four months on & AK are still sending menacing letters and constantly phoning/texting my daughter. The letter received 2 weeks ago threatened court action (again!).

 

However, their letter yesterday had an offer stating they'd accept 50% of the debt, payable over 3 months. They said they will also update her credit file to show the debt satisfied. She's very tempted to go ahead but hasn't tried to claim any charges yet. Would any potential claim be affected?

Would appreciate any advice. Thank you.