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Bysaxomjc
#210083 I am writing in with worry as today I received a letter from 'Response Credit Management' who are collecting an alleged dept on behalf of Activ Kapital (UK) (Barclays Bank Plc.) The debt is just below £500. Apart from being involved with the school bank when I was 14 yrs old (a long time ago!). I have never had an account or dealings with Barclays Bank and am now wondering how on earth this has happened and what I should do about it. I found another letter on a forum which I have printed off...to send to the debt collectors. Can someone look at it and tell me if it is ok.. Thank you very much for any time you can spend on this. I have enough to do without the added worry of owing money which isn't mine. They want me to call them but I am not going to start going down that line. (below is the letter I am planning on sending..)

Re: account response reference: ******, issued on behalf of Aktiv Kapital (UK) Ltd (Barclays Bank Plc)


Dear Sir/Madam,

You have contacted me on behalf of Aktiv Kapital 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 Barclays Bank. For the avoidance of doubt I have never held an account with Barclays Bank Plc.

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 this would be considered an unfair business practice under the Consumer Protection from Unfair Trading Regulations 2008.

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.

Please also be aware that if any adverse entries have been made on my credit file in relation to this account legal action will be taken against you and appropriate damages sought.

I will not be telephoning you, at any time, so please do not put this as a request to me. I have done a lot of research at home, having received this letter today and it came as no surprise to me that many other people are seemingly in the same position as I am with regards to debts being chased by Aktiv Kapital (UK) that aren’t theirs. I am a professional person and work long hours in order to pay my bills. Consequently, I do not have time to waste on matters that have nothing to do with me. I do not owe the monies stated in your letter and have never had dealings with Barclays Bank Plc.


I look forward to your reply.

Yours faithfully,

[
User avatar
ByGazza1912
#210106 An excellent letter. Just remember to make copies of it and make sure to send in RECORDED DELIVERY.
Bysaxomjc
#210115 Thanks for viewing my letter. I am going to send it off first thing on Monday morning...
Luckily for me I am quite prepared to fight such ridiculous allegations such as these by what I consider to be bullies...nothing more, nothing less! Unfortunately for them, they have picked the wrong person to mess with. I will take it as far as need be!!! I shall no doubt be letting you know how they respond...which I am sure they will...
Thanks once again.
Bysans
#210117
saxomjc wrote:Please also be aware that if any adverse entries have been made on my credit file in relation to this account legal action will be taken against you and appropriate damages sought.


Hi saxomjc, just another point before you send the letter, have you checked your credit files from Experian and Equifax?. If they have done a search, they generally use terms such as Trace, or Confirm ID, then these need to be removed (or will stay on your file for 12 months), just informing them of the above does not mean that they will correct the information, (they should and by law) but you may need to dispute it with the CRF's. We all know what the law can be.

Having had dealings with Aktiv and sister company Thames Credit, they really are useless.

They will back down, but not always remove any information on your file, which will impact you in the future. If you know what info they have put first on your file then you know what stage the game is at. If they have used a CRF's to find you then some trail will be on your report.

They often to write to several Mr/Mrs/Miss/Ms J Bloggs, with a similar birth date and hope for the best. Remember that they have to prove that you are the person that has the debt and not the other way around, which they will often try to tell you.

saxomjc wrote:Unfortunately for them, they have picked the wrong person to mess with. I will take it as far as need be!!!
Good on you, never give up until you are happy with the outcome from them. All Best
Bysaxomjc
#210555 Am only posting a quick response....in reference to my original post. Well I sent the letter recorder delivery over a wek ago now and so far, touch wood, have received nothing back (famous last words!).
I am hoping that they have decided it's not worth the effort chasing me for a debt that aint mine. Well will get back to you if I hear something (probably be tomorrow now!)
Bysaxomjc
#211433 Well...looks like I spoke too soon.
I have had another letter today (dated 10/3/09) but received 20/03/09. It is from RESPONSE CREDIT MANAGEMENT again, who are collecting so called debts from AKtiv Kapital (UK) ltd (Barclays Bank Plc).

The letter reads...

FINAL DEMAND

You have previously ignored all our attempts to contact you to resolve the above outstanding balance that is due under your contract with our client. From our investigations we are aware that you are;
resident at the above address
ignoring our attempts to contact you to resolve this situation

Should you not contact us to arrange payment you may leave us with no alternative, but to:

Refer your account to ScotCall who specialise in doorstep collections. This may result in an agent calling to your address to make the necessary arrangements to fully satisfy the debt.

Refer your account to our legal partner Geoffrey Parker Bourne - solicitors to progress via litigation.

You must contact RESPONSE Credit Management now to make payment and avoid further action being taken against you.

Call us NOW to pay by direct or debit card, this is the quickest and simplest method of payment.




This makes my blood boil, it really does!!!!!! This letter states that I have ignored attempts to contact them..er...hello? I sent a letter to them, recorded delivery just over three weeks ago now (see original posting for letter sent to them).
I just don't know what to do now. Do I send them another copy of my original letter and another letter? If so, what should I write this time? I would really appreciate help in telling me what to say to them. As I have already said, this debt is not mine...and it makes me really cheesed off that they are basically threatening me with people coming round to get payment. I asked them for proof of the debt in my first letter, but they seem to have completely let that pass them by. I can only assume that my letter did reach them, as I had it posted by recorded delivery.
I do find this a bit worrying, yet am so cheesed off also. Some people would literally be frightened into paying and that makes me really angry. How dare they! Any help, greatfully received. I will not do anything until I get a response from someone here who knows what they are talking about. Many thanks,
saxomjc!
User avatar
ByDuffNCustard
#211438 Thias link will take you to the BBC Wtachdog website where you will find a link to a letter template

http://www.bbc.co.uk/blogs/watchdog/200 ... lways.html

basically requesting a copy of their complaints procedure - you need to follow this before reporting to the FSA -
Bysaxomjc
#211441 I went to this website and found a letter where it asks them to provide me with a copy of the signed credit agreement. is that the one I send? I will also include a copy of the original letter sent and will send it recorded delivery. Thanks
saxomjc
User avatar
ByGazza1912
#211442 I feel I just need to translate some of their letter for you :arrow:

"Refer your account to ScotCall who specialise in doorstep collections. This may result in an agent calling to your address to make the necessary arrangements to fully satisfy the debt"
= Pass your details onto a bunch of bully boys who will try to scare you into paying up by sending one of their underpaid young persons to your house. (They won't do that by the way, as it is extremely rare. Take it for what it is - a pathetic threat)

"Refer your account to our legal partner Geoffrey Parker Bourne - solicitors to progress via litigation"
= Pass your folder accross the desk to the person sat opposite me who thinks he/she works in the legal profession when in actual fact they just make the tea.

"You must contact RESPONSE Credit Management now to make payment and avoid further action being taken against you."
= We are in the middle of a credit crunch and are finding hard to make ends meet, so please pay us what you can.

"Call us NOW to pay by direct or debit card, this is the quickest and simplest method of payment."
= We need you to contact us because as it stands right now, we are uncertain if we have located the correct person, so if you give us a call we will know we have tracked you down so that we can send out the bully boys and tery to intimidate you into paying up.


But seriously, just send them another copy of the letter you have sent above, but this time at the top add :arrow:

FINAL COMMUNICATION

You have previously ignored all of my previous letters in which I have made it clear to you, that I am not the person to whom you are seeking.
From my investigations I am aware that you are:

* Just a bog standard typical DCA with no additional powers other than an original creditor
* Ignoring my letters in which I have made it VERY clear to you, that IO do NOT owe you or anyone working on your behalf, or anyone that you are working on behalf of, any monies whatsoever.
Bysaxomjc
#211482 Thank you very much for that response..it really made me smile. I assumed it meant something along those lines, however it makes me very sad to think that some people will pay up, out of fear. It looks a very threatening letter; luckily I don't scare easily.

I have a strange feeling however that there is indeed someone out there with the same name as me who is up to no good because only a few months ago I got a letter from 3 phone network, claiming that I owed them £95.00 I immediately phoned them and informed them that having NEVER dealt with 3 network, I found it an impossibility to owe them money. I told them that if they happily sent my signed contract through then I would gladly look at it; if they couldn't, then please 'bog off'. Needless to say, I heard nothing back!!!

I will send a reply back to RESPONSE first thing Monday, recorded delivery.

Can I just ask though, just in case it ever did happen. If someone from ScotCall did come round, I take it that they have no right to enter your house without permission. They are not like bailiffs or anything are they? Just curious...

Thanks once again...have a good weeked..I am going to forget all this crap and relax!

saxomjc...(I always thought these things happened to me..however, looking on the internet there are LOADS of very similar cases such as this...it's criminal!)
User avatar
ByDuffNCustard
#211485 Callers to your house - absolutely no rights whatsoever - in fact if you've got a nice big eff-off dog starve him for a day and let him loose!

don't even answer the door!
User avatar
ByGazza1912
#211487
Can I just ask though, just in case it ever did happen. If someone from ScotCall did come round, I take it that they have no right to enter your house without permission. They are not like bailiffs or anything are they?
When a DCA threatens a "Home Visit", in 99.99% of all cases where this threat is made, they never carry it out.

However, they will compose their letters in such a way as to make you think that they will, in addition to which, they will also try to make you think that their 'Doorstep Collector' has similar powers to those of a Bailiff. And by doing so, you will be so scared that you will pay up. That is the sole reason why they make such a threat, and sadly, a number of people in debt fall for this little trick and pay up, even if that means borrowing money from friends and/or family. A DCA will not care if you get in debt to other people as long as they get their money.

But what you need to bare in mind is that a 'Doorstep Collector' has absolutely NO powers whatever, and certainly has NO rights to even be on your property, let alone enter your home. In the unlikely event that a Doorstep Collector should turn up, then you simply tell him/her to go away otherwise you will dial 999 and call the Police.

Some members on here will tell you that they have had Doorstep Collectors call who have been pleasant and they have mamaged to come to a mutual repayment plan with them. But these are few and far between.

My advise in the event that a doorstep caller does visit you at home, is to politely tell them in a calm manner that you will only deal with them IN WRITING, and that you want them to go away or you will call for the Police. As much as you may be tempted do to so, do not threaten them or throw water at them or anything like that because you could be held liable on an assualt charge.
Bysaxomjc
#211537 I am only posting this reply as evidence that I am sending my second letter recorded delivery to RESPONSE Credit Management Ltd. My first one was sent on the 20th February, 2009 and this one is being sent on the 23rd March 2009(Monday).

In this second letter I have also included a copy of my original letter, and in capital letters at the top I have written "This is a copy of my original letter, which you claim never to have had. You now can't say that you don't have a copy. Note the day it was sent (arrow pointing to the date!).

The letter that I received from RESPONSE credit management Ltd was received by myself on Thursday 19th March, however it was dated the 10th March 2009. Nine days seems an awful long time to me for a letter to get to me from Glasgow.
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