Aktiv Kapital, Blair Oliver and Scott

[barney47]

Hi guys,

Today a letter from Aktiv Kapital dropped through my door telling me they have bought a 4k debt (bank of scotland card) from Blair Oliver and Scott.
I had been paying BOS £12 per month for the past 10 years for this debt, the letter tells me I must make contact with AK to set up a payment plan, after having a think i sent AK a CCA request, I then phoned BOS and asked them if they had sent all the documentation including the CA to AK......they replied with "Well I think it should have been sent but we are unsure" WTF???

So what are the chances that AK have no CA????

[FlamingParrot]

Re: Aktiv Kapital, Blair Oliver and Scott

Hi guys,

Today a letter from Aktiv Kapital dropped through my door telling me they have bought a 4k debt (bank of scotland card) from Blair Oliver and Scott.
I had been paying BOS £12 per month for the past 10 years for this debt, the letter tells me I must make contact with AK to set up a payment plan, after having a think i sent AK a CCA request, I then phoned BOS and asked them if they had sent all the documentation including the CA to AK......they replied with "Well I think it should have been sent but we are unsure" WTF???

So what are the chances that AK have no CA????

How long ago did you send the CCA request? They should have replied within 14 days, also DCAs rarely do, as they always have to go back to the original creditor. As long as they don't send you a compliant agreement, the account would be unenforceable. If this was defaulted 10 years ago, it's very possible BOS would no longer even have a copy of the agreement.

Sadly you've been making payments, so although the default should have dropped off your credit file years ago, the debt won't be Statute Barred anytime soon. You have to ask yourself whether you want to continue making payments...

[barney47]

Re: Aktiv Kapital, Blair Oliver and Scott

Aktiv have only just taken the account over so the cca request only went in to them a week ago

[FlamingParrot]

Re: Aktiv Kapital, Blair Oliver and Scott

Aktiv have only just taken the account over so the cca request only went in to them a week ago

They have a further week to reply then, it's just that you said above you'd asked BOS whether they'd sent the documents to AK a couple of days ago. In my experience, things are not likely to happen that fast, nor is there any immediate rush, after all you've been paying for 10 years!

The chances of them being able to obtain a compliant agreement at this stage are very slim. :thumb:

You say you've been paying £12/month for 10 years on a £4k debt... :confused2: Surely the balance should have been cleared by now, unless they've been applying interest all these years. :rant: Or was it a higher balance and just £4k left to pay? If so, it will take close to another 10 years to pay off. Up to you whether you want to continue making these payments or you may want to wait till you receive a response to your CCA request before making a decision. :decision:

[labman]

Re: Aktiv Kapital, Blair Oliver and Scott

You say you've been paying £12/month for 10 years on a £4k debt... :confused2: Surely the balance should have been cleared by now, unless they've been applying interest all these years. :rant: Or was it a higher balance and just £4k left to pay?

£12 pcm for 10 years only amounts to £1440. That's not a lot in 10 years, so one can understand why BOS would sell it. It would take just over 17.5 years to clear the balance. I'm surprised they've waited this long to be honest. 27.7 years to repay a £4000 debt is a looooong term.

If I were the OP, I'd wait to hear back, then make a decision.

[barney47]

Re: Aktiv Kapital, Blair Oliver and Scott

Thanks for the replies,

I got this letter this morning...

"we refer to your request for documentation/further information regarding your agreement with lloyds/BOS under sections 77 to 79 of the consumer credit act.

whilst we endeavour to obtain documents within the prescribed time scales, due to the fact that we have to try to obtain documents from the original creditor we may be unable to do so, your account is on hold and has been removed from the collection process whilst we await the requested information"

after 10 years i do still owe around 4k so i think if they do come up with the CA they will turn up the heat and make me pay big!!!!

[CleverClogs]

Re: Aktiv Kapital, Blair Oliver and Scott

after 10 years i do still owe around 4k so i think if they do come up with the CA they will turn up the heat and make me pay big!!!!

If.

[FlamingParrot]

Re: Aktiv Kapital, Blair Oliver and Scott

Thanks for the replies,

I got this letter this morning...

"we refer to your request for documentation/further information regarding your agreement with lloyds/BOS under sections 77 to 79 of the consumer credit act.

whilst we endeavour to obtain documents within the prescribed time scales, due to the fact that we have to try to obtain documents from the original creditor we may be unable to do so, your account is on hold and has been removed from the collection process whilst we await the requested information"

That's exactly the reply you were looking for! :high5: :high5: They are already anticipating not being able to obtain the documents. :bounce: :bounce: :bounce:

after 10 years i do still owe around 4k so i think if they do come up with the CA they will turn up the heat and make me pay big!!!!

Highly unlikely! :thumb: If the account was defaulted 10 years ago, the agreement was probable set to Outer Mongolia for archiving. :lol: :lol: :lol:

If they don't, then you have to consider whether you wish to keep paying this for the rest of your life... :decision:

[QCKate]

Re: Aktiv Kapital, Blair Oliver and Scott

Thanks for the replies,

I got this letter this morning...

"we refer to your request for documentation/further information regarding your agreement with lloyds/BOS under sections 77 to 79 of the consumer credit act.


whilst we endeavour to obtain documents within the prescribed time scales, due to the fact that we have to try to obtain documents from the original creditor we may be unable to do so, your account is on hold and has been removed from the collection process whilst we await the requested information"

after 10 years i do still owe around 4k so i think if they do come up with the CA they will turn up the heat and make me pay big!!!!

Possibly, BUT looks much more likely that they know they cant produce the documents which puts you right back in control!!!!

QCK

[barney47]

Re: Aktiv Kapital, Blair Oliver and Scott

*UPDATE*

Got a letter today from Aktiv saying they enclose the documentation I requested under sections77 to 79 of the Consumer Credit Act.....all they have sent is a big pile of photo copied statements from the date the card was active....there's no CA or any thing else relating to the account, what should I do?

[MIKE770]

Re: Aktiv Kapital, Blair Oliver and Scott

*UPDATE*

Got a letter today from Aktiv saying they enclose the documentation I requested under sections77 to 79 of the Consumer Credit Act.....all they have sent is a big pile of photo copied statements from the date the card was active....there's no CA or any thing else relating to the account, what should I do?

Aktiv Krapital try to get CCJ showing that an account existed etc No Doubt.? and some silly Judges in potty chambers go along with it i.e. you had the money hard luck!

[barney47]

Re: Aktiv Kapital, Blair Oliver and Scott

But without the credit agreement would it even make it to court? should I start making payments again??

[labman]

Re: Aktiv Kapital, Blair Oliver and Scott

Try sending them this:


Dear Sir,

Your Ref: abcd1234

On [dd/mm/yyyy] I wrote requesting a true copy of the executed credit agreement for this account. In response to this request I was supplied a document (copy attached) that did not comply with the requirements of the Consumer Credit Act 1974 (CCA1974), because it does not contain all the necessary prescribed terms. The document that you are obliged to send me is a true copy of the executed agreement that contains the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in s.61(1) of the CCA(1974) and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

The documents I received appear to be missing the prescribed terms required by section 60(1) of the Consumer Credit Act 1974. The recent McGuffick and Carey cases confirmed that a lender should submit upon request a valid true copy of the original CCA and also went on to suggest that both the creditor and debtors name and address are clearly displayed - the Judge dealt with this point at paragraph 60 of his judgement when he said this:

"As a matter of common sense It is difficult to see how a copy of a document can omit the names of the parties. It might he thought that the address of the debtor, however, was immaterial, at least to the debtor, who can be assumed to know what it was at the time, if different from his present address. However, as noted above any application of the concept of materiality must not override the requirements of section 78 and the Copies Regulations properly understood. In my view it is clear that the name and address must be provided"

Whilst I appreciate and understand the provision of the recent Carey v HSBC case that stipulates a reconstituted agreement can be provided, I'd like to also point out that I am disputing the actual existence of such an original, which means the Carey case is irrelevant as without one the account would still be deemed unenforceable. Carey only went to prove that if you could not provide an original, for whatever reason, but had proof on your systems/records that certain conditions were in place at that time then a recon could be submitted only in-so-far as to satisfy your s.78 request. If you do not have an original then a recon cannot be produced.

The OFT Guidance clearly states that lenders would be acting unfairly, and potentially in breach of their consumer credit licenses, if they misled borrowers by:

hiding or disguising the fact that there was never a proper signed agreement in the first place
providing only a copy of the current terms and conditions, not the original ones


Similarly, in line with recent OFT Guidance surrounding Unenforceability, the OFT has stipulated the following;

Sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements. Under these sections a debtor can pay £1 to get:

· a copy of their agreement
· copies of some of the other documents mentioned in their agreement
· a statement of account


If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

make the debtor pay the debt before they're supposed to
get a court judgment against the debtor


As this account is clearly unenforceable, I expect you to write back and confirm that no further action will be taken and that the account is now closed and no further correspondence will take place.

Yours faithfully,

[IMG]file:///C:\Users\Home\AppData\Local\Temp\msohtmlclip1\01\c lip_image001.jpg[/IMG]

Print Name

In the gobbledegook above 'Print Name' I insert the attached to stop them 'lifing' my signature if sending a physical copy.

[FlamingParrot]

Re: Aktiv Kapital, Blair Oliver and Scott

But without the credit agreement would it even make it to court? should I start making payments again??

They could issue a claim, yes, there's no need to attach the agreement to a claim issued through the Northampton Bulk Centre. A lot of claims are issued in the hope of obtaining default judgment when people fail to respond or choose not to defend.

If they were to take this to court and you stated your intention to defend, they would be challenged to produce the agreement and, given they seem unable to do so, they'd probably have to discontinue the claim.

[barney47]

Re: Aktiv Kapital, Blair Oliver and Scott

Thanks to Flamingparrot for clarifying my question:beagle2222: I have today sent the above letter back to Aktiv Kapital so we will see what the reply is!!