Elsinore v Aktiv Kapital **WON & PAID**

[kyuudousha]

Hey!? What!? Somebody say my name..?

 

Still suing FNTF and reporting them to ICO, FSA and Financial Ombudsman. Also Trading Standards just for good measure...

 

They won't be able to tell their ar$e from their elbow in about a weeks time...

[gizmo111]

Further to the above is it s77 & s78 that has to supply an executedcopy of the agreement for it to be enforcable? Just had a copy of agreement unsigned for a differrent account (not mine)

[pampam]

Hi Elsinore

I have read your posts re AK with interest and I wondered if you could offer any advice.

 

I am trying to reclaim bank charges for my son & his partner

 

I have come accross one that has been sold to AK .

It was a debt with TSB Asset Visa Card which was sold to AK in Nov 2003

 

There is a payment agreement of £5 per week that my son's partner has paid, on and off, into RSBS.

 

When I started the claims for bank charges I wrote to AK and asked them to suspend the payments as the account was in dispute.

 

The amount was originally £1800 The balance is £1735.61.

I asked what a settlement figure would be and they quoted £1200.

 

This is about as much detail as I have.

 

Do you have any suggestions?

Any advice greatly appreciated.

Thanks

Pam

[elsinore]

Hello pampam. Ah! The dreaded Aktiv Kapital rears its ugly head once again!:o

 

Your information is a little bit sketchy at the moment, so perhaps you won’t mind answering some questions.

 

Are Aktiv Kapital chasing? If so, by letter or by phone?

You say payments have been made occasionally to RSBS. Who are they, or is this a typing error?

Have you sent a SAR to TSB Asset? If so, with what result?

Have you sent a CCA request to AK? If so, with what result?

Who quoted the settlement figure of £1200, AK or TSB Asset?

Has a default been placed with the CRAs? If so, by whom?

 

If you can provide a bit more info, I'll try to come up with some construtive suggestions.

 

Elsinore

[pampam]

Hi Elsinore

Many thanks for your reply.

In reponse to your queries :-

AK are not chasing at the moment as I told them the account was in dispute with Lloyds and that I would contact them when it was sorted. ( I was told to do that by someone on another thread).

 

The payments made by my son's partner were to Royal Bank of Scotland by arrangement with AK

 

Yes I sent the SAR to TSB they sent me all the copy statements but have sent the usual fob of letters to my request for refund of charges. Due to issue Court proceedings now.

 

No I have not sent a CCA request to AK (Sorry not sure what you mean by CCA?)

AK quoted the settlement figure of £1200

 

Yes defaults have been placed with CRA by both AK & Lloyds TSB.

 

I really appreciate your interest. I'm afraid my son's partner is in extreme debt with loans , overdrafts & C Cards. She kept everything very much to herself and the first my son knew about it was when the baliffs arrived.

He has managed to clear the overdrafts and has paid up one of the C Cards but the loans and other C Card debt are still outstanding and have been to the C Court.

I am hoping to get some charges back from the banks with the help of this site as the money will go towards getting them solvent again.

Please note I will be away from 10th to 21st October so I wont be able to contact again until my return.

Thanks once again

Pam

[krakan]

Hi Pam, please excuse my intervention - though if I answered a couple of your questions I copuld ask one of my own, sort of like keeping a Q&A chain going

 

 

Firstly, there can be only 1 default for 1 debt, so Lloyds TSB's default should have been removed and *replaced* by AK's - write to Lloyds TSB and ask them why it's still there, they should remove it.

 

CCA letter is a request to AK for the relevant documents pertaining to the debt. Specifically, Original Credit agreement (copy), deed of assignment of debt from Lloyds to AK, and a copy of the default notice sent to you when the default was recorded on your credit file. CCA mens Consumer Credit Act - the act gives you the right to insist on these things, you just need to find the template somewhere on here and send a £1 postal order.

 

I think (someone correct em if I'm wrong) the thing to do is to get the charges recovered where possible, and once that's done, contact AK, arrange for a settlement if you have the cash to do it, and then challenge the legitimacy of the default etc.

[krakan]

My question, for anyone still watching:

 

I'm trying to challenge the default that Egg placed on my file. I genuinly do not beleive they ever sent a default notice, because it appears (form the date on my credit file) to have been placed whilst I was arguing with them about how it was too easy to go over my limit (my card wasn't declined once, anywhere, and I was under the mistaken impression that my limit was higher than it was) and how therefore the charges seemed unfair. It was all a long time ago, long before I became aware that the charges were unlawful as well as unfair!

 

I sent them a CCA letter, and they eventually replied with a copy of my original credit agreement -but nothing else! The letter simply states "here's a copy of the documents you requested" and makes no mention of the Default notice I clearly requested a copy of.

 

What to do next? As I understand it from reading posts on the site, I am entitled to a copy of this document if such a document exists, and without it the default is unenforceable. So, should I write, saying "thanks for that now where's the rest" or head straight for the "I asked for a copy of the default notice and got nothing so if you can't prove it, remove it"?

 

Any thoughts, anyone?

[pampam]

Hi Pam, please excuse my intervention - though if I answered a couple of your questions I copuld ask one of my own, sort of like keeping a Q&A chain going

 

 

Firstly, there can be only 1 default for 1 debt, so Lloyds TSB's default should have been removed and *replaced* by AK's - write to Lloyds TSB and ask them why it's still there, they should remove it.

 

CCA letter is a request to AK for the relevant documents pertaining to the debt. Specifically, Original Credit agreement (copy), deed of assignment of debt from Lloyds to AK, and a copy of the default notice sent to you when the default was recorded on your credit file. CCA mens Consumer Credit Act - the act gives you the right to insist on these things, you just need to find the template somewhere on here and send a £1 postal order.

 

I think (someone correct em if I'm wrong) the thing to do is to get the charges recovered where possible, and once that's done, contact AK, arrange for a settlement if you have the cash to do it, and then challenge the legitimacy of the default etc.

 

Hi Krakan

Thanks for your advice.

I am going away tomorrow but I will send the CCA letter off as sonn as I return on 20/10/06

Thanks again

Pam

[elsinore]

pampam, sorry I haven't been around much today, but I can see that you were well looked after by krakan. Let us know how you get on in due course.

 

krakan, I think you should choose option two.

If you give them a deadline date, say two weeks hence, then they have another opportunity to come up with the evidence of default notice. Your threat would be that of court action if they fail.

IIf you haven't read Default Hell in Legalities, then you should do so, also Surlybonds' excellent methods for default removal. I'm sure there will be something in there to fit your circumstances.

 

Elsinore

[silverngold1410]

I don't have the actual AK address to write to and make my request for the original documentation. I would be most grateful if someone could supply it. My letters are only coming from Debt Managers to whom I intend copying the letter I am just about to send to AK.

[MARTIN3030]

Aktive Kapital UK Ltd

Merchants House

Hamilton Place

Chester

CH1 2BE

 

email;collect@aktivekapitol.co.uk

 

phone 08701 609543

 

fax 01244 314635

[silverngold1410]

Thank you Martin. Now is this the same people AKTIV KAPITAL FI-Barclays BANK PLC. Is it all the same thing just different spellings?

[MARTIN3030]

Yep thats correct AK handle Barclays closed accounts and defaults.......I should know this I have had the missfortune of their wrath too......

[nathal]

There is no provision within the Consumer Credit Act 1974 that states that

you are legally entitled to a copy of this. -Response from FSA about deed of assignment

[pampam]

Is there a template letter on the site for a CCA letter.

Thanks Pam

[elsinore]

Should be one here pampam

 

http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/20758-creditors-dcas-letter-templates.html

 

Elsinore

[pampam]

Thanks

I will get it off tomorrow

Wish me luck!!

Thanks

pam

[nathal]

@elsinore

 

i received letter from ak(uk) saying that the legal owners of a debt belonged to ak first investment.

 

were you in a similar position

[elsinore]

That's a new one on me nathal. Are you saying there is a company called AK First Investment? Maybe you could post the content of the letter, or at least the bit that you are referring to.

 

Elsinore

[nathal]

By an agreement between *** and Aktiv Kapital First Investment Ltd, the above debt has now been legally assigned to aktiv kapital(uk) ltd

 

We are acting as collection agent on behalf of the new legal owner which is ak first investment

[elsinore]

Ha! I could find nothing by Googling that title (except on the Motley Fool website, where someone asked the same question!).

 

But when I looked back at AK's first letter to me it says the same thing!

I obviously took no notice of it and have dealt all along with AKtiv Kapital (UK) Ltd.

 

I would guess that AKFI is just a paper company and AKUK is the operational subsidiary.

 

Elsinore

[nathal]

Aktiv kept saying they had bought the debt, and thats the response i got for a request for the deed of assignment

 

I have sent ak(uk) an email asking them to produce deed of assignment.

also have said i will not correspond further until i receive this and that the true legal owner has authorised you to collect.

 

got a letter couple days later saying they will accept £20 installment, and if i cant afford it to contact them to set up an alternative

[elsinore]

Presumably this is related to a genuine debt?

 

AK have there own agenda and generally ignore anything you write or say. They will keep badgering you to pay something until you finally persuade them to stop by threatening (or taking) legal action. Most of their actions are at best dubious and at worst illegal.

 

I would ignore any attempts to persuade you to pay at least until you get the information you have asked for (which will probably be never).

 

Elsinore

[nathal]

ak(uk) have put a default notice on my file but in effect they are the dca collecting.

 

Can a dca that is collecting put a default on your credit file.

 

until ak(uk) can prove they own or have been authorised to collect, there not gettin any money

[nathal]

Okay then, I have finally found it under the CCA 2006:

 

21 Interpretation of ss.140A and 140B of the 1974 Act

 

After section 140B of the 1974 Act (inserted by section 20 of this Act) insert -

 

"140C Interpretation of ss. 140A and 140B

 

(1) iN THIS SECTION AND IN SECTIONS 140a AND 140b 'credit agreement' means any agreement between an individual (the 'debtor') and any other person (the 'creditor) by which the creditor provides the debtor with credit of any amount.

 

(2) References in this section and in sections 140A and 140B to the creditor or to the debtor under a credit agreement include

 

(a) references to whom his rights and duties under the agreement have passed by assignment or operation of law;

 

Although I don't think this will help much I'm afraid.

 

(b) more guff in here and so on.... "

 

 

 

I presented this to fsa and got this response

 

Sections 140A, 140B and 140C of the CCA 2006 deals with 'Unfair relationships' between creditors and debtors. These amendments do not come into force until April 2007. The section you have quoted does not state that a debtor has a right to a copy of a deed of assignment. All this section does, is state that a debt collection agency can be classified as a creditor within the context of unfair relationships.