Aktiv Kapital debt

stewmat

Hi guys, so the 12 days have now passed, what do I do now please (apart from cancel the direct debits!!)

RAS

Hi


CCA request - After 12(+2) working days have passed:

Quote:
DEFAULT UNDER THE CONSUMER CREDIT ACT 1974
FAILURE TO PRODUCE AGREEMENT


Dear Sir/Madam


ACCOUNT NUMBER: *******************


I do not acknowledge any debt to your company.


I wrote to you by Special Delivery/Recorded Delivery ( Ref ******) on ***** 2009 asking for a copy of the above agreement together with the relevant information under Section 77-79 of the Consumer Credit Act 1974, enclosing a 1.00 postal order as the fee payable. This letter was delivered and signed for on *****, 2009.



The Consumer Credit Act allows 12 working days for this request to be carried out before your company enters into a default situation. This occurred on *****, 2009. Therefore this time limit will have expired.


I have still neither received a copy of the agreement as required by S78 Consumer Credit Act 1974, nor any other information relating to same. As such, this account has become unenforceable by law. As you are no doubt aware subsection (6) states:



If the creditor under an agreement fails to comply with subsection (1)—



(a) He is not entitled, while the default continues, to enforce the agreement;

As such, now that the 12 working days have expired (from your receipt of the request for the agreement and supporting documents) the account is now in dispute. Whilst it remains in dispute the agreement is unenforceable.

Whilst it is unenforceable, no interest is to be added to the account. No action can be taken against me. No adverse credit references or defaults can be listed against me with Credit Reference Agencies. The account cannot be passed to a Debt Collection Agency. And lastly, I am not obliged to make any further payments to the account. Essentially, the account is ‘held’ as it was on the date of the CCA request expiring (****, 2009)


Data Protection Act (Data Protection Act 1998)

Furthermore, under the Data Protection Act (D10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities.

I also require that you remove all my data from your files within the next 7 days and look forward to receiving a letter from you within 10 days confirming that you have complied with this request.

Yours faithfully,

stewmat

Thank you very much!!

Once this has been sent off, what happens next?

Do they have a time limit to remove all data, is the debt now un-enforceable and therefore no longer exists? Should I contact the financial ombudsmen, or the OFT? Can I insist that the payments I have made over the last two years be refunded?

So many questions!!!!!!

Thanks!!!!!

RAS

Hi

The debt still exists, so you cannot reclaim the money.

It is just that since they have already put a default on your credit record, long ago, they can do nothing to affect you legally or financially. It is possible that they could produce the CCa some time in the future and then the debt becomes enforceable again. But that does not happen often.

if they give you any more grieg or make threats re court action, I would make a formal complain and CC the OFt into the letter.

If they try to sell on the debt, there is another letter to send the new DCA, who promptly send it back to AK.

By the way Ak are in the doo doo at the moment and several of their directors have just resigned.

stewmat

Again many thanks!

So if the account is "held" how does that appear on my credit report?

RAS

You need to check but I would have exptected the default to have been regsitered before the debt was sold on and it will drop off your credit record after 6 years.

stewmat

my credit report shows the account as default, once this has passed how is the debt filed on my report?

does it appear as an account on hold/open will it ever disappear?

RAS

What date is the default?

stewmat

Hello again all!

After months of correspondence Aktiv finally posted me a credit agreement (only after threatening to make a complaint to the OFT and Financial Ombudsman)
Only thing is the copy they have sent me does not have my signature on it.
And they still claim in writing that they are not bound by any timescales set out in the CCA 74
Only one thing left to do and that's make the complaint to both parties.

I'll keep you all posted

Thanks for all the advice! How many other people out there are being misinformed by large legally bound orginisations! (I feel a conspiracy theory coming!)

Stew

RAS

Hi

You really need to scan or photo the document and post it up on here for people to read. remove identifying details including barcodes and account numbers first.


I reckon the majority of "CCA"s we see on here are invalid and for those set up prior to 2006 the proportion is even higher.

Most of them are application forms or copies of terms and conditions that were issued years later. You can tell (if the charges for late payment are set at £12, then it does not relate to an account set up on 2004 say)