Odd letter from Aktiv Kapital

sparkle_star

happy_bunny wrote: »

When was it taken out? MBNA were terrible with keeping agreements for a while. No sign of mine from 2001, such a lost cause they even admitted it in a letter, which is rare.

Years ago - early 2000's I think. I will know exactly when/if they can produce a credit agreement.

happy_bunny_2

Have you asked for a copy of the agreement before?

If you do it, send signed for. Likely the will ignore it. They did with me. Complaint and threaten to go to FOS resulted in a letter saying oh dear we can't find it therefore won't take you to court until we do. Still waiting...

sparkle_star

happy_bunny wrote: »

Have you asked for a copy of the agreement before?

If you do it, send signed for. Likely the will ignore it. They did with me. Complaint and threaten to go to FOS resulted in a letter saying oh dear we can't find it therefore won't take you to court until we do. Still waiting...

No I haven't. Am I right in thinking that if MBNA can't provide a copy of the original credit agreement, the debt becomes unenforceable, but it will still show as defaulted on my credit record for 6 years after the first default? After that it drops off?

happy_bunny_2

Correct.

They can reconstitute the agreement to satisfy the request, as long as everything is correct. This means it won't have a signature.

Now, only 2 reasons to do this.

1. The original is in remote storage and can't be bothered to get it. Hoping you won't notice if something is not quite right. Rare.

2. They don't have it.

Any of my creditors that had the original just photo copied it. As you would, cos it's the easiest thing to do .

They sometimes send a load of old junk, wrong address, wrong late payment amount.

When you get a response, feel free to check back.

HB

sparkle_star

Apparently it's going to take 6-8 weeks for Aktiv Kapital to send me a copy of my credit agreement!

happy_bunny_2

Well, after 14 days, they are out of time and its unenforceable til they produce a valid one. Personally, I would tell them that you will resume paying when you get the document, that might speed them along

How did you find out so quick?

Needs to be sent in writing, ideally signed for.

How much you paying per month?

sparkle_star

Well, I still haven't had a copy of the credit agreement. My credit card with MBNA was taken out before 2007, which is when I believe the rules changed with regards to unenforceability. I would like to know what I can do at the moment, legally, without making my situation worse. At the moment they have stopped the interest, but if I was to refuse to pay until they can produce this agreement, they may start charging interest again.

I am on a DMP with PDHL. My account manager contacted them by telephone on 23 October to request the CCA. Can I count this date as the start of the 12 days, or can it only be from them receiving a request in writing, with £1.00 payment?

sparkle_star

happy_bunny wrote: »

How much you paying per month?

I am paying £19.79 a month currently.

harveybobbles

Stop paying until they send the docs

Tixy

Have you sent a written request for the CCA?

Or just got your DMP provider to phone for it?

If you haven't written to them (and sent the fee) then you need to do that before you stop paying.