Not sure what to do next

[ATRO]

Hi, been reading around the forum and it's very informative but I'm a bit confused at what my next move should be.

I received a letter from Aktiv Kapital about a debt I had with HFC Bank owing almost £6k, I sent a CCA request letter and they did respond, took them a while but they sent a copy of the CCA.

Looking at the document it is for a "personal loan plus" I took out in Sept 98, they have also sent statements of the account up to Sept 01 however some months statements are missing, they have supplied me nothing more recent than that.

Around this time I split with my wife and had massive problems with debt (I thought I had sorted all this with the help of my parents). This particular one obviously got overlooked and I moved around a fair bit over the following years, it's only recently I have settled again and have started to build a life (and credit rating).

The document is a poor photccopy and does seem to have everything you would expect it to have, however the right to cancel is on the second sheet (what I assume would have been on the reverse of the agreement) under the "Terms & Conditions" not on the signed front page, does this matter at all?

I can't remember paying a payment on this account for a LONG time, the problem is when I approached my parents asking advice on where to go on this my mother told me she had made around £1k woth of payments on this between Apr 06 and July 09, the letters had started dropping on her door and she paid them out of fear and didn't inform me as she thought she was helping me out. She ceased payments in July 09 as she could no longer afford it (retried then).

Am I totally snookered here? I don't run away from debts but my outgoings are stretched to the max and I am struggling to find any way of repaying this.

Thanks in advance for anyone taking the time to read this.

[ATRO]

Re: Not sure what to do next

Forgot to mention, their first letter was offering me a 35% discount on the outstanding balance!

[Never-In-Doubt]

Re: Not sure what to do next

Hiya

I'll post back later but in a nutshell your mothers taken it out of statute thus keeping the debt alive, right?

Easy to sort - so ill post back shortly (bear with me as just got up! Was here all night)

[garlok]

Re: Not sure what to do next

Hi ATRO,

Welcome to AAD! Can we ask you to have a look here:-

> http://forums.all-about-debt.co.uk/showthread.php?t=5

Take a look at what other members are doing in the unenforceability diaries and then post up some exact details in the format they have. That way we can take a look at the best route for you to resolve your problems.

Don't post up any documents at this stage as we have a secure section for you to post into. That section only allows you to see your own stuff and the only other person who can see it is never-in- doubt (known as Niddy to everyone here) who is an expert in this stuff and he will look at your documents as required for you. Not even the moderators can look in there other than their own material.

If the very worst happens (and you are a long way from that yet) we have preferred solicitors on the site to whom you can be referred if needed.

So rest a little easier now. We do not allow abuse of any other member on the site and regardless of how trivial you think something is, feel free to ask, no one is going to deride what you say or ask.

Shout up when you are ready with a few details and we will start to look into your case with you. As a memeber you will have the collective jelp and support of a lot of good people who have first hand experience of what you are going through.

Don't panic we do have a laugh from time to time but who says you can't have a laugh just because you have debt problems?

regards
Garlok

[garlok]

Re: Not sure what to do next

Blimey he's beaten me to it AGAIN!!! Are you on a speed typing course matey? l

regards
Garlok

[Never-In-Doubt]

Re: Not sure what to do next

Right

Basically you need to ignore these wankers and I'll sort you two letters to send, one from you and one from your mum.

We'll get your mum paid back and the debt wiped as statute barred but I really need more details and also confirmation your mum will lie. We need her to be adamant that they were harassing her so she paid but now she's sought help and this has came to light etc. will she do this, if necessary - however it'll all be in writing and I'll sort it for you no need for you or your mum to do anything.

Learn from this!! Also when and why did you do a cca? And most importantly what template did you use (I do hope it's not that old one from CAG that admits the debt)!

[Never-In-Doubt]

Re: Not sure what to do next

Blimey he's beaten me to it AGAIN!!! Are you on a speed typing course matey? l

regards
Garlok

Sorry matey

[ATRO]

Re: Not sure what to do next

Hiya

I'll post back later but in a nutshell your mothers taken it out of statute thus keeping the debt alive, right?

Easy to sort - so ill post back shortly (bear with me as just got up! Was here all night)

Yep, had she not made any payments I would be fairly certain the debt would be statute barred now, I'm also fairly certain when she made the payments it was with someone other than Aktiv Kapital also.

They have made no mention of any of those payments and documentation supplied shows last payment Sept 01, however that is probably wrong as even taking into the account the payments my mother made the balance is different, so basically they aren't supplying me all the info.

Whilst typing this my mother has shown me the letter that arrived in 06, it was from Thames Credit Limited asking for just in excess of £7k, the difference in that amount from the claimed amount today is the equivalent of 31 payments of £35 (what my mother had been paying).

The last statement from HFC supplied (sept 01) reads £5310.57, hope this is of use.

[ATRO]

Re: Not sure what to do next

Right

Basically you need to ignore these wankers and I'll sort you two letters to send, one from you and one from your mum.

We'll get your mum paid back and the debt wiped as statute barred but I really need more details and also confirmation your mum will lie. We need her to be adamant that they were harassing her so she paid but now she's sought help and this has came to light etc. will she do this, if necessary - however it'll all be in writing and I'll sort it for you no need for you or your mum to do anything.

Learn from this!! Also when and why did you do a cca? And most importantly what template did you use (I do hope it's not that old one from CAG that admits the debt)!

I will ask her but I wouldn't be confident she wants to get involved any more, even meaning she will lose out on her money, does this matter?

This is the letter I sent:-

Aktiv Kapital
Wells House
15-17 Elmfield Road
Bromley
Kent
BR1 1LT

Dear Sir/Madam

Re:− Account/Reference Number XXXXXX

I do not acknowledge any debt to your company.

With reference to the above, I would be grateful if you would send me a copy of this credit agreement, statement of account and notice of assignment.

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

I understand a copy of my credit agreement should be supplied within 12 working days.

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

I look forward to hearing from you.

Yours faithfully

Is this ok?

I sent this in a response to their second letter dated 12/10/2011, sorry I just got a little worried and responded.

[Never-In-Doubt]

Re: Not sure what to do next

Right your mum paid 31 x £35? How did she do this and did she agree with them or what? Ask her how she paid and if she EVER discussed this with anyone from the dca (Thames).

So please clarify

1. Date you think YOU last paid
2. Dates your mum paid (from -> to)
3. Details of mums contact (as above)
4. Who owns this debt now?
5. Any other relevant info.

Provide this and I'll come back with more questions no doubt but then I'll do you something to sort this out.

Thanks mate

[Never-In-Doubt]

Re: Not sure what to do next

ps I will also TRY to get her her £1000 odd back PLUS statutory interest of 8%. If she doesn't want it then you can donate it to Niddys Stella fund

But seriously my theory is she was harassed into paying someone else's debt which is not only illegal but also very seriously frowned upon by most courts and regulatory bodies.

[ATRO]

Re: Not sure what to do next

Right your mum paid 31 x £35? How did she do this and did she agree with them or what? Ask her how she paid and if she EVER discussed this with anyone from the dca (Thames).

So please clarify

1. Date you think YOU last paid
2. Dates your mum paid (from -> to)
3. Details of mums contact (as above)
4. Who owns this debt now?
5. Any other relevant info.

Provide this and I'll come back with more questions no doubt but then I'll do you something to sort this out.

Thanks mate

Sorry for the sketchy replies, it's all so long ago and I was in such a dark place at the time it's difficult to recall all details, the person I was with when my mother started paying destroyed most of my things when we split up so I have to recall most of it from memory.

1. I have no idea, I certainly haven't made a payment since my mother started paying and for a good while before. Sorry I can't give more but I lost my bank statements. (I will be upfront and admit I was battling with alcohol addiction, fairly bad place in my life).

2. She paid 1st payment in Apr 06 and last payment in July 09 with a few breaks here and there.

3. I have just got out of her that she wrote a letter agreeing the payments with them (Thames Credit Limited), I asked did she sign this or anything and she can't remember, the more I speak to her the more I think I may be wasting your time.

4. Aktiv Kapital are the company chasing me now.

5. I have just queried with mum if she got me to sign any documents, she doesn't think so but it's a bit of a blank for her and I wasn't aware of any agreement she had with Thames so I'm fairly sure I didn't, sorry I'm so vague, my life is going in the right direction and I get a bit panicky with things like this.

[ATRO]

Re: Not sure what to do next

ps I will also TRY to get her her £1000 odd back PLUS statutory interest of 8%. If she doesn't want it then you can donate it to Niddys Stella fund

But seriously my theory is she was harassed into paying someone else's debt which is not only illegal but also very seriously frowned upon by most courts and regulatory bodies.

The letters started arriving at their house threatening doorstep action so she made an agreement with them to pay, unfortunately she doesn't have any of that documentation any more, all of her payments would have been made by cheque though.

I'm so sorry we are both so sketchy about all the info, it's so long ago it's difficult to recall all the details.

I just wish I had everything they have so I could see where their case is, although I imagine if they had any proof of payments from me within the last 6 years they would already be throwing those statements at me?

[ATRO]

Re: Not sure what to do next

Having had a quick look on the internet are Thames Credit part of Aktiv Kapital?

[Never-In-Doubt]

Re: Not sure what to do next

Hiya

Great - thanks for info, i'll sort this for you later - trust me here ok? Basically, they've fucked up - ooops. I will sort you a couple of letters to send off, do that and we'll sort this once and for all.

Basically, we'll be trying to claim your mum paid a debt that was not hers and secondly after retrospective refund of premiums paid, the whole account is statute barred ergo - pissoff Thames.

Yes, thames and aktiv are one of the same - About Thames Credit Limited - Thames Credit Limited (UK)

Thames Credit Limited is part of the Aktiv Kapital ASA financial services Group, quoted on the Oslo Stock exchange.

It's up to you, want me to help sort this or not? Give the go ahead and I'm quite certain i'll be able to get your mum all her cash back and the account statute barred.... that's the easy part!

I just need your go-ahead and i'll then PM you for more pressing details and sort you a couple of letters to send in - we don't need the historic data, but if we did then we'd SAR them and they'd have to send EVERYTHING they have on you - main point is your mum paid with cheque, ie her name is everywhere and it shouldn't be - in essence she paid a debt that was not hers and this is what I shall be highlighting in any letter I do for you.....

I await your response