Activ Kapital - Harrassed for money I don't owe. Help please! I used to have 2 accounts with GE Capital (Dorothy Perkins and Debenhams). I have not used the cards since 2002 when my purse and the cards were stolen. At the time I was still paying off for goods purchased, so I was happy to continue doing this. I phoned up and explained that my cards had been stolen and I would like to cancel them. The assistants to whom I spoke assured me that this would be done. However, I then received statements through the post that detailed goods that I had not ordered. To cut a long story short, despite dozens of calls and letters, I continued to be charged for these goods. A few times I stopped making payments, because I refused to be charged a higher rate of interest because of additional goods that I had not purchased and also I felt angry that these goods had not been removed from my statements. The payment requests kept on coming, plus late payment charges for the periods I had refused to make payments. Despite asking for full statements of items purchased, these were not forthcoming. Finally, in February 2007, after I was certain that I had paid off everything I owed (not including the ridiculous charges and goods that had been purchased after my card was stolen), I cancelled my direct debits with my bank. I then received the usual letter requesting payment because they had been unable to obtain it from my bank account. It was at this time that I again wrote to them and explained that I owed them nothing and also asked them for a copy of my original
Consumer Credit Agreement and enclosed a payment of £1.00 by postal order. I also asked them for a copy of all statements detailing the goods for which I was being charged. They did not do this, so I assumed that the account was in dispute, which I stupidly believed would prevent them from passing the account onto a third party (firstly in this case to a solicitor acting on their behalf and then, finally, onto Activ Kapital). I then heard nothing more from them and assumed that the matter was settled and that the alleged debt became null and void. Imagine my surprise, therefore, when I again received a letter from Activ Kapital in May 2008 addressed to "The Occupier", which I assumed at first was junk mail and was almost shredded. However, I opened it and discovered that it was from AK asking of my whereabouts. A letter was promptly returned to them stating that I owed them nothing and that they had no legal right to continue hassling me for the money. I also emailed them a copy of the letter that I sent to GE Capital Bank in February 2007. I then received an email asking me to phone them so that the matter could be resolved. I didn't do this, because I don't feel that I should be ringing them when I do not acknowledge the debt. Also, I do not want them hassling me by phone. I did respond to the email, once again sending a copy of the Feb 2007 letter. End of the matter – or so I thought. A few days ago, I received a slip of paper in an envelope through the post. The piece of paper was headed Activ Kapital and all that was written on it was an instruction to call them and quote the reference given. This was immediately shredded. They didn't give any other details and anything like this I regard as spam. I can only assume that this is a crafty way of them trying to obtain my telephone number. (Even when you dial 141 beforehand, these companies are able to override that system and find your number). Where do I go from here? What letter should I write next, if they continue to harass me? They are clearly in breach of the law, but what can I say that will well and truly prevent them from contacting me again? Many thanks for your help! Amethyst666 View Public Profile Send a private message to Amethyst666 Find More Posts by Amethyst666 20th December 2008, 12:26 # 2 ( permalink ) silverfox1961 Gold Account Customer Watch out, there are Claims Touts about! Search the Web here for your Christmas gifts. It helps us to pay our way. If we have helped you, please help us. Click here. Join Date: Oct 2008 I am in: East midlands Posts: 676 Re: Activ Kapital - Harrassed for money I don't owe. Help please! Personally Id send them this: Dear Sir/Madam Account no: You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves. I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name). I am/we are 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/we 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/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question. I/we 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/we look forward to your reply. **Edit to suit** Remember, don't sign the letter. Send
recorded delivery Don't shred any more letters. you could use them as evidence at a later date. Keep envelopes too. fox __________________ Please note: any advice i give is based on personal experiences. Your circumstances may be different. Silverfox 1-Lowells 0 silverfox1961 View Public Profile Send a private message to silverfox1961 Find More Posts by silverfox1961
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