Aktiv Kapital / PRA Group

[PhilHs]

Roughly two years ago I had a call from Aktiv Kapital left on my mobile. They did not say that it was AK rather a personal finance matter. When I spoke with them they said that they were chasing a debt for MBNA and that they had written to me several times. I had received no letter and I was not aware of an outstanding debt.

My wife and I had had some financial difficulties and we had agreed with our creditors a payment plan which we had been honouring.

I was asked to confirm my address - which I did not do. After further discussions it turns out they they had been sending letters to an address that at the time I had not lived in for 7 years!! I put the phone down politely saying that I was not discussing a matter that I did not believe existed and that was at least 10 years old.

I heard nothing until last July I received a letter (to my current address) saying that I owed a debt of over £10K to them for an outstanding amount to MBNA. I sent a CCA request on the 5th of August signed with my abbreviated name. They returned this saying that is did not relate to the account!

I sent another one recorded delivery in October using my full name. I received a response saying that my account was on hold. They put a caveat in saying that

"they endeavour to obtain documents within the prescribed timescales, 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 whilst we await the requested information".

I heard nothing until I had a letter dated the 21/01/2015 (from PRA Group - the new AK) saying that as;

"I had not responded to our attempts to contact you regarding your outstanding debt they had passed the account onto an External Field Agent"!!

I was in hospital at the time!!

In February I wrote to PRA Group with a copy of their letter from 29/10/2014 where the account was on hold.

I said that;

I believe that you are hassling me, having neither supplied the required information or held to you letter dated the 29/10/2014.

I am requesting again that you (and all associated companies) cease from contacting me with immediate effect until you have complied with my written request of the 25/10/2014 - again enclosed.

On the 2nd March I received a CCA from PRA Group with and apology. I responded;

"I am in receipt of your letter dated 02 March.

I note your apologies for your error.

I also note that you have not provided an MBNA agreement rather a 12 year old Bank of Scotland agreement with MBNA terms attached that bare no resemblance to each other.

To set expectations and on doctors orders I am away as of today staying with friends and will be returning on the 15^th April."

Despite the "warning" that I was away until the 15th April, I received a letter from PRA Group asking why they "how bullying me?" ???

I returned from recuperation to further letters;

On the 19/03/2015 saying;

"Thank you for your recent communication dated 12/03/2015, the points of which have been duly noted.

This is to inform you PRA Group (UK) Ltd are attempting to obtain further information from the original vendors MBNA.

Whilst we wait on their response, this account remains on hold.

If I can be of more assistance then please do not hesitate to contact me."

Also on the 19/03/2015 I receive a letter;

Thank you for clearing your account

We were pleased to receive your payment recently so thank you.

We can bnow advise that subject to clearance of funds, your account has reached paid in full status.

Thank you for co-operating to bring this matter to a close"!!

Unfortunately I receive at least two calls a day from various numbers with an automated PRA Group message!!

What should I do now??

[seduraed]

Re: Aktiv Kapital / PRA Group

When was the last payment made on the account? If it is more than six years then the account is statute barred and there is no need topay. Does the account show on your credit report.

[nemesis45]

Re: Aktiv Kapital / PRA Group

If Portfolio Recovery Associates are continuing to make call after written notice to
cease such contact inform them of the Appeal Court Judgement in Roberts - v - BOS
in which their Lordships concluded that " just two phone calls in this situation amount
to harassment".

Did you pay this debt off in full?

nem

[FlamingParrot]

Re: Aktiv Kapital / PRA Group

Also on the 19/03/2015 I receive a letter;

Thank you for clearing your account

We were pleased to receive your payment recently so thank you.

We can bnow advise that subject to clearance of funds, your account has reached paid in full status.

Thank you for co-operating to bring this matter to a close"!!

Unfortunately I receive at least two calls a day from various numbers with an automated PRA Group message!!

What should I do now??

Unfortunately it can be very difficult to get DCAs to remove numbers off their records even when they've been told dozens of times that the person they are looking for has never even worked there as was the case at some point. They all said they'd get the record removed yet they kept calling on an almost daily basis. :mad2:

You should look at this thread which deals with harassment and refers to a recent ruling in the Court of Appeal: http://www.legalbeagles.info/forums/...om+harrassment :grin:

You may want to send a suitably adapted version of that letter to the muppets, attaching a copy of their own letter stating the account is paid in full. :thumb:

[PhilHs]

Re: Aktiv Kapital / PRA Group

I had no idea that this account existed, but an amount of £10K in favour of Aktiv Kapital was showing on my credit report earlier in the year? I am unaware of payments on the account as I thought it was settled years ago. Certainly well before I moved house in 2006!

[PhilHs]

Re: Aktiv Kapital / PRA Group

If Portfolio Recovery Associates are continuing to make call after written notice to
cease such contact inform them of the Appeal Court Judgement in Roberts - v - BOS
in which their Lordships concluded that " just two phone calls in this situation amount
to harassment".

Did you pay this debt off in full?

nem

Thanks for coming back to me.

I have not paid a penny to Aktiv Kapital or PRA Group - I was unaware of any debt. I thought it was paid off the B of S years ago!!

All that I have done is ask for a CCA which they propertied was with MBNA. When I received the CCA after several months, it was a B of S agreement, with MBNA terms?? I questioned this and asked for a proper CCA and we are where we are today. Does that make sense?? P

- - - Updated - - -

Unfortunately it can be very difficult to get DCAs to remove numbers off their records even when they've been told dozens of times that the person they are looking for has never even worked there as was the case at some point. They all said they'd get the record removed yet they kept calling on an almost daily basis. :mad2:

You should look at this thread which deals with harassment and refers to a recent ruling in the Court of Appeal: http://www.legalbeagles.info/forums/...om+harrassment :grin:

You may want to send a suitably adapted version of that letter to the muppets, attaching a copy of their own letter stating the account is paid in full. :thumb:

Thank you for that advice... i might try that!!

[PhilHs]

Re: Aktiv Kapital / PRA Group

Further update, I have just discovered that a letter went to my neighbour by mistake. It is dated 11th May and it is a voucher to enable me to reduce my debt to £8478.74!!

This has arrived AFTER all of the communication above. It seems that I had wrongly assumed that they had realised that the account was unenforceable and had cleared the balance on the basis that the "offer" was from the same signatory

[FlamingParrot]

Re: Aktiv Kapital / PRA Group

Further update, I have just discovered that a letter went to my neighbour by mistake. It is dated 11th May and it is a voucher to enable me to reduce my debt to £8478.74!!

This has arrived AFTER all of the communication above. It seems that I had wrongly assumed that they had realised that the account was unenforceable and had cleared the balance on the basis that the "offer" was from the same signatory

Well, never mind that letter. From what you say above, nothing was paid into this account since 2006 so that would make it statute barred. :grin:

Although occasionally debts have been written off by debt purchasers, this is very unusual, even when they are clearly SBd they are not written off, they are just irrecoverable through the courts.

I'd keep quiet until you hear from them:tinysmile_kiss_t4:. If they contact you, you can just send them the SBd letter. :thumb: