Aktiv Kapital admit they can't enforce claim

[Tyketto]

Hi
I wonder if someone can offer some advice please.
Since January of this year, I have been contesting a claim from Aktiv Kapital that I owe £ 152.00 for an unpaid balance on an account they bought from MBNA.
Their DCA - Buchanan, Clark & Wells - contacted me out of the blue at the end of Jan., via mail, threatening all sorts of credit rating shenanigans unless I settled this outstanding amount. I told them that I had no recollection of the alleged debt, that I contested it and I required proof that I did indeed actually owe it, that the sum was correct and that Aktiv Kapital were the legal owners of my account.
I told them that if they could furnish me with those details, I would gladly settle the balance.
In the subsequent 9 months, they have consistently failed to address any of my concerns and despite repeated request for notices of default, legible copies of the original CCA, statements of account etc., the only 'proof' I have received has been a poorly photocopied (and largely illegible) document purportedly of the original agreement I signed back in 2000 with SonyCard (RBS I think originally owned the account).
I believe that AK registered my account as defaulted in February or March of this year - after I had registered my intention to challenge the claim - and as a consequence my credit rating, which had been good, has been crippled; to the extent where my own bank, with whom I had a spotless credit history, has refused to extend further credit because of the adverse information held with CRAs.
I have involved the FOS and am waiting on their assessment but on Friday of last week I received the final word from Aktiv Kapital, which stated that although they agreed that the documents they hold on file about my account make it impossible for them to enforce any action against me to recover the debt, they refuse to remove the default notice and will continue to process data about me - which they state is their 'obligation'.
The problem I have is that my partner and I want to purchase a flat but since I have a default notice against my name, I imagine no mortgage company will touch me.
This has been ongoing for 9 months now and with the amount of cases the FOS has to deal with, I'm not confident I will get a favourable judgment any time soon. What should my next step be ?

[frisp]

Re: Aktiv Kapital admit they can't enforce claim

Wait for the FOS, I suspect they'll defer to the ICO. Complain to the ICO but I suspect all you'll get is the processing for processing sake response. The only way you can get round this is probably thro' the courts.

A long shot is to complain to the CRA that the info is inaccurate and ask them to investigate on your behalf.

sorry its just bad loser syndrome on their behalf. If you can afford the courts then use this route claim for defamation they will more than likely fold

[Tyketto]

Re: Aktiv Kapital admit they can't enforce claim

Awesome - thanks for that. I'd wondered about threatening to sue for defamation, sounds like it is a viable route but guess I'll probably wait for the FOS to respond first.
I have been discussing this with the CRA - Equifax - but they're not interested. They have finally posted a Notice of Corrrection, after a lot of cajoling but they keep referring me back to Aktiv.
I'm really disappointed that the odds seem to be stacked against the consumer, at least initially and you have to jump through hoops to get it sorted. Is there any legislation in the pipeline to make companies like Aktiv more accountable?.

[watchdogpup]

Re: Aktiv Kapital admit they can't enforce claim

I would say maybe offer then a silly settlement of £20.00 or something and they would then update your default. Defaults (and you can check this with lawyers) are recorded by whoever your debt was with so unless you paid the debt and can prove it was paid prior to a default being recorded then urm? It will be correct.

If you paid then get your bank or whatever to supply proof and if this was before the account defaulted bingo...they will remove default. If not then...best hope is to pay a silly settlement. In these times most companies will accept almost anything and .....you are sorted. Hope this is helpful
Good luck
------------------------------- merged -------------------------------
Re defaults.
A default is applied where an account falls into arrears , notice is given by the creditor such as your bank and you are given time to put the account in order. If you do not then your account is defaulted.
The default would be recorded against you by THEM initially.
Then your 'debt' was sold on and the default removed by them and duly applied by the new owner who is Aktiv Kapital you say.
They have not put a default on your account, your original lender did.
If you paid before the default and can show proof then it will be removed. If you didnt then sorry but you will need to pay it as they stay with you for 6 years.
So a silly offer of settlement would be the best bet, as a CAB, National Debtline etc would all say the same , had similar problem myself but unless you paid it there is a debt and its like a millstone....sorry to say.
Also, you could add a notice of correction to your credit file if maybe you didnt pay the debt and ended up with a default as you were made redundant or something so there are bad circumstances which werent your fault.
If you simply didn't pay then........oops..either wait 6 yrs till it drops off or ...?dunno

Dont want to be a party pooper but ..

[frisp]

Re: Aktiv Kapital admit they can't enforce claim

I would say maybe offer then a silly settlement of £20.00 or something and they would then update your default. Defaults (and you can check this with lawyers) are recorded by whoever your debt was with so unless you paid the debt and can prove it was paid prior to a default being recorded then urm? It will be correct.

If you paid then get your bank or whatever to supply proof and if this was before the account defaulted bingo...they will remove default. If not then...best hope is to pay a silly settlement. In these times most companies will accept almost anything and .....you are sorted. Hope this is helpful
Good luck
------------------------------- merged -------------------------------
Re defaults.
A default is applied where an account falls into arrears , notice is given by the creditor such as your bank and you are given time to put the account in order. If you do not then your account is defaulted.
The default would be recorded against you by THEM initially.
Then your 'debt' was sold on and the default removed by them and duly applied by the new owner who is Aktiv Kapital you say.
They have not put a default on your account, your original lender did.
If you paid before the default and can show proof then it will be removed. If you didnt then sorry but you will need to pay it as they stay with you for 6 years.
So a silly offer of settlement would be the best bet, as a CAB, National Debtline etc would all say the same , had similar problem myself but unless you paid it there is a debt and its like a millstone....sorry to say.
Also, you could add a notice of correction to your credit file if maybe you didnt pay the debt and ended up with a default as you were made redundant or something so there are bad circumstances which werent your fault.
If you simply didn't pay then........oops..either wait 6 yrs till it drops off or ...?dunno

Dont want to be a party pooper but ..

Sorry I can't agree thats its all doom and gloom.

If you can show that the account is reported as settled then this will not affect your rating, though it stays for 6 years.

You can complain to the ICO who should decide that as the debt was settled before the default was raised then they too can ask for the data to be changed or removed.

Finally if you threaten and then initiate courts action and as part of the data pack you request all the data they have failed to provide before they will fold as a condition for which would be compensation for defamation and a removal of the default from your record.

If they can' produce the records there is no way they will go to court.

[Tyketto]

Re: Aktiv Kapital admit they can't enforce claim

Thank you both for your input. The problem with this account is I have no idea if it was settled or not. I have no accurate records of the repayments - my account was with SonyCard originally, who then sold it on to MBNA. It was with that company that I had an agreement to pay off the balance.
MBNA won't respond to my letters and it's obvious from Aktiv Kapital's final reply that they can't get any satisfactory information to support their claim either.
However what I do know (Watchdogpup) is that MBNA don't appear to have ever registered the debt as defaulted. This only a recent occurrence.
I'm still waiting on the final determination from the FOS. I did get a letter from them last week - dated 12th November - saying that they were continuing enquiries. Not sure if that's a good or bad sign. Had imagined it was a fairly open shut case - AK claiming repayment of a defaulted balance they cannot substantiate.

[Halcyon]

Re: Aktiv Kapital admit they can't enforce claim

Actually AK uses two DCA's Buchanan, Clark & Wells and Mackenzie Hall and if I'm not mistaken they may even be subsiduaries of the parent company. I am still being chased for two debts. The first was mine but it defaulted in 2002 but responding to pressure in 2007 I offered to let them have the goods back...though the email did not have my name on it did carry the recognisable id number relative to my address or rather the account in default.

The second debt was not mine it was my wife's and she went bankrupt so this company decided to chase me for the debt it was a joint bank account but not a joint debt.

Actually there is another part to this story in 2003 a solicitor was given power of attourney on matters relating to debt and housing problems and all creditors were advised of this though if the debt was then sold on AK can claim ignorance I guess?

I get call back messages asking me to ring MH but no way am I going to bother. I have received documents that looked like they came from the courts threatening legal action but foolishly I threw them away after a period of a couple of years when nothing happened.

What does happen is that for about six months of every year I get call back messages and letters and I will not be responding to any of them tempted though I am. They can only blow hot air ...the combined debts total almost £2400 ...and I have been offered extremely low settlement figures but I do not respond....presumably nobody else with my name responds either...well not favourably at least.