Letter from Akinika

[fibroni67]

Hi there and thank you for allowing me to register.


I hope i am posting this in the right place.

I had a letter a few days ago from a company called Akinika saying they had taken over from some company i have never heard of regarding an A&L loan i took out many years ago...probably about 18-20 years ago although the balance is a bit alarming at £8000,it was originally around £1000 although it was so long ago i really cannot remember and i have M.E and Fibromyalgia that gives me memory problems.

anyway i have not heard from anyone regarding this for some years and to be honest because of my health i for got all about the monthly payments i was making. i had my partner go back through my bank account and we found a final payment of £2 back in Feb of 2010-i cannot even remember when i last heard from anyone about this. I have no idea why the payments stopped, i can only think i stopped it for some reason, but i really have no idea why. but i had no-one contact me to ask why and i just forgot all about it.

i had another letter from them today saying they are going to send a money collector round to discuss my finances and make payment arrangements and i am terrified.

please can someone advise me what i can do. i have a really good credit record which i am scared of losing, i have no money as i cannot work due to my M.E and Fibro.

thank you for reading this

[FlamingParrot]

Re: Letter from Akinika

I had a letter a few days ago from a company called Akinika saying they had taken over from some company i have never heard of regarding an A&L loan i took out many years ago...probably about 18-20 years ago although the balance is a bit alarming at £8000,it was originally around £1000 although it was so long ago i really cannot remember and i have M.E and Fibromyalgia that gives me memory problems.

anyway i have not heard from anyone regarding this for some years and to be honest because of my health i for got all about the monthly payments i was making. i had my partner go back through my bank account and we found a final payment of £2 back in Feb of 2010-i cannot even remember when i last heard from anyone about this. I have no idea why the payments stopped, i can only think i stopped it for some reason, but i really have no idea why. but i had no-one contact me to ask why and i just forgot all about it.

i had another letter from them today saying they are going to send a money collector round to discuss my finances and make payment arrangements and i am terrified.

Welcome to LB

There is no reason to worry about debt collectors visiting your home. The majority of such threats are just empty threats, since it's a lot cheaper to send letters than an actual field agent to knock on your door. Even if someone was to turn up, they'd have no more right to be there than your neighbour's cat, you have no obligation to open the door or talk to them. :beagle:If you are concerned about such a visit, there's a letter you can send them, revoking the right to visit you:

Dear Sirs

Ref: xxxxxxxx

Please be advised that I will only communicate with you in writing. Should it be your intention to arrange a doorstep visit, please be advised that you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

There is an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Yours faithfully,

[FlamingParrot]

Re: Letter from Akinika

please can someone advise me what i can do.

In addition to the above, you could send a CCA request, as part of their response, they should supply you with a copy of the original credit agreement as well as a statement of account. :typing:

i have a really good credit record which i am scared of losing,

Sounds like you may have defaulted on this account years ago, in which case a default would have been recorded at the time. Defaults drop off your credit file after 6 years, and there can only be ONE default per account. If this account was defaulted years ago, you cannot have a fresh default recorded on your file for it, regardless of who owns the account or what you do. :thumb:

i have no money as i cannot work due to my M.E and Fibro.

thank you for reading this

If you send a CCA request, the account would be unenforceable until they satisfy your request. Giving the age of the account, it's unlikely they'll be able to locate a copy of it. :grin: If your last payment was made in 2010, you have just two years to go before this is statute barred. :thumb: :thumb: :clock:

[Vircoa]

Re: Letter from Akinika

hi,

I thought it best to pop up as I have had success in silencing debt collectors using the following letter. I think the advise on here is awesome and would love to pass on some of the knowledge I have gained along the way. using this letter will definitely buy you time until you get round to sending the CCA request.

good luck and i hope this helps





You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that I have no knowledge of any such debt being owed to ...........

I am familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable.

In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question.

I await your written confirmation that this matter is now closed.

Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

I look forward to your reply.

Yours faithfully

[Nibbler]

Re: Letter from Akinika

Afraid that is out of date now that both the OFT and their guidelines no longer exist.

The amended up to date one as published by NDL is now.

Dear Sir/Madam


Account No: xxxxxxxxxxxxxx

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that I have no knowledge of any such debt being owed to CREDITOR

I am familiar with the Consumer Credit sourcebook of the Financial Conduct Authority (FCA) which states the following rules.

"A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid." 7.5.3

"A firm must suspend any steps it takes or its agent takes in the recovery of a debt from a customer where the customer disputes the debt on valid grounds or what may be valid grounds." 7.14.1

"Where a customer disputes a debt on valid grounds or what may be valid grounds, the firm must investigate the dispute and provide details of the debt to the customer in a timely manner." 7.14.3

In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I would ask that no further contact be made concerning the above accounts unless you can provide evidence as to my liability for the debt in question.

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the FCA of your actions.

I look forward to hearing from you.

Yours faithfully

[Vircoa]

Re: Letter from Akinika

hi thanks for the updated version :tinysmile_aha_t: ive used the out of date one recently and manged to silence a DCA but will defiantly save this for future reference

thanks

[FlamingParrot]

Re: Letter from Akinika

There's always the issue of whether you should send the prove it letter as above or a CCA request, :decision: and both can work. I decided to suggest the CCA request because the OP does know what the debt is for (and old A&L loan) and it falls under the CCA. The prove it letter can be sent when you don't know/are not sure what debt they are chasing and it may not fall under the CCA, for example, a mobile contract, old utility bill, tax credits overpayment, etc. where the CCA request wouldn't apply.

[fibroni67]

Re: Letter from Akinika

thank you all so much for this advice you have kindly provided. i have me printer all set up and ready to go. i thought i would send off the first letter put her by flaming parrot re contact only by letter and then a CAA letter...is the CAA one the amended one posted here by Nibbler?

thank you again for all your help i am slightly less panicky now:tinysmile_grin_t:

[fibroni67]

Re: Letter from Akinika

In addition to the above, you could send a CCA request, as part of their response, they should supply you with a copy of the original credit agreement as well as a statement of account. :typing:

Sounds like you may have defaulted on this account years ago, in which case a default would have been recorded at the time. Defaults drop off your credit file after 6 years, and there can only be ONE default per account. If this account was defaulted years ago, you cannot have a fresh default recorded on your file for it, regardless of who owns the account or what you do. :thumb:
If you send a CCA request, the account would be unenforceable until they satisfy your request. Giving the age of the account, it's unlikely they'll be able to locate a copy of it. :grin: If your last payment was made in 2010, you have just two years to go before this is statute barred. :thumb: :thumb: :clock:

i had to re-read this one, the dreaded brain-fog! thanks flaming parrot explaining about the default, that makes me a bit easier about my credit record.
i just hope i can hold them off for two years!

[Vircoa]

Re: Letter from Akinika

If you want to hold them off send the prove it letter first and save the CCA for a later date as the prove it letter does not give them a dead line or state what information you want them to provide and they are more likely to leave you for easier prey. If they do pass it to a third party send them a prove it letter too and be as slow as possible on your replies to their letters

[fibroni67]

Re: Letter from Akinika

thanks Vircoa

[TrustNoOne]

Re: Letter from Akinika

have there been an update of this case as I'm going through something similar - and update would be useful

[nemesis45]

Re: Letter from Akinika

have there been an update of this case as I'm going through something similar - and update would be useful

The original poster has not been back since June 14.
Update now unlikely.

nem

[TrustNoOne]

Re: Letter from Akinika

ok ta Nem - still finding my way around the forum - thank you very much for assistance