Is This CCA Enforcable?

gonchuk

Hi all

I have recently posted my problems with Aktiv Kaptital on a previous HUGE thread, but was advised to start a new thread as they have sent through a CSA and I would like to know if this is enforcable, and if not, what my next move should be.

A quick history:

1. May of this year Aktiv Kapital started sending me letters requesting payment of neary £3000 of a defaulted account with Egg from May 2006. I'm not denying the debt, but I was never chased for it, so was just sitting it out waiting for the 6 years to pass. As I thought there was no CCA, I sent them a prove it letter followed by a CCA 12+2 on the 25th June 2010, making sure I didn't acknowledge the debt. My CCA 12+2 requested a) a true copy of the original CCA b) a statement of acount and c) a signed copy of the deed of assignment. They sent a fob off reply saying that 'the accout was on hold whilst they endeavoured to locate the paperwork'. I also noticed at this time that the Egg default had dissapeared from Experian and was marked as satisified in une 2006 on the Equifax report!
2. Unfortunately, because I didn't hear anything and because the credit reports looked good at the time, I didn't send an account in dispute letter until October (when I noticed they had placed new defaults on my credit reports for AK, with the same default date of May 2006). I sent them an account in dispute letter also demanding they remove these records as this was unlawful. They sent back another fob off 'account on hold while we try and get the paperwork' letter.
3. I was just about to reply to them when, on the 27th October (nearly 4 months after requesting it, and after sending an 'account in dispute' letter beginning of October) I received a copy of the CSA, with an accompanying letter basically saying that 'whilst they endeavour to obtain documents within the prescribed time scales, due to the fact they were not the orginal creditor, it took longer'. They have also given me 14 days to give them proposals for payment.

My questions are this:

1. Is the CCA itself actually legal? I have uploaded a copy toa PDF publishing site (but removed names, addresses, signatures, barcodes etc - they are all there and look valid) - the URL is http: //issuu.com/gonchuk/docs/ak_eggcsa2?viewMode=magazine&mode=embed (remove the space first as I'm too new to post a link)
2. This may prove the CC was in my name, but it doesn't actually prove the default as there is no statement of account or notice of default. Surely this makes it unlawful?
3. They took nearly 4 months to get the information to me - as this is longer than the 12+2 days, can I get them on this?
4. If I can fight this, what should my next move be?

Your help would be greatly appreciated as always guys! :T

Frankie231

From what I've read on CCA requests (although I'm not 100% sure, didn't just want to read and run though), this would now be unenforcable based on the time it took them to reply to the CCA request. Not sure on what your next step should be though.

DarkConvict

Timeframes do not really matter, an agreement is only unenforceable until a valid agreement is presented. If it takes 3 years or 5 days its makes no difference. Its merely if they do not respond in time you can risk marking it as in dispute and stop paying (although your credit file is at risk)

It looks enforceable, well most of the terms are there buts its over 2 pages, so I am less sure, should all be on 1 page. Ask never-in-doubt at his new forums - http://forums.all-about-debt.co.uk/index.php

GeorgeUK

I agree, you should post that link on the all-about-debt site mentioned above.

I thought that charges had to be mentioned on the CCA too.