aktiv kapital help please

uvstomper

Hi There,

I recently requested the credit agreement for a debt AK are saying I owe? After 3 days from day of receipt 04/10 as per tracked mail. they replied and said:

Dear mr XXXXXX -0 letter dated 07/10

We refer to you request for documentation / further information regarding your agreement with egg banking. under section 77 to 79 under the consumer credit act.
Whilst we endeavour to obtain documents within the prescribed time scales, due to the fact that we have to try to obtain documents from the original creditor, we may be unable to do so.
Your account is on hold and has been removed from the collection process - whilst we await the requested information.

its now 28th october - no credit agreement has been received and another letter has come today - requested a settlement of £xxxx - and if we don't pay by the 10/11 - then they will pass the account to ruthbridge limited.

Im confused now, are AK in the wrong here, as we still have no credit agreement, can they sell the debt on? whats our next steps? we were under the impression that if no credit agreement was supplied within 12 days of receipt that they could not legally enforce the debt - also if this is the case how is it removed from my credit file?

any help will be much appreciated - kind regards

fermi

Enforcement in this situation means enforcement by the courts. Not in any other way. Also they do not have to remove it from your credit file.

sourcrates

Hi,
Problem is you have admitted the debt by submitting a CCA request, after all you can only request copies of your own credit agreements, not someone elses, the letter you should have sent is the "proveit" letter, available on this site, the DCA has to provide proof that you own this debt, its a similar tactic, but allows you to get the proof without admitting liability, how old is the debt ? if pre 2007 may be unenforceable, even if later they still have to provide proof of the debt, ie correct paperwork, and to bring any court action they have to produce the original in court or convince a judge that it did exist, to answer your other point, no, they are not supposed to sell on your debt whilst a dispute exists, if they have send a written complaint to them.

uvstomper

Hi Thanks for this, the original letter that i sent said:

I do not acknowledge any debt with your company ! and then followed on with the consumer credit act information.

so i haven't admitted any liability i have requested they prove that i am liable? does this make any difference?

thanks again for your help

fermi

If you don't recognise the debt, then would probably have been better to send the letter in this link.

--> https://forums.moneysavingexpert.com/discussion/2607247

For this reason --> http://forums.moneysavingexpert.com/showpost.php?p=57422683&postcount=2

uvstomper

Can we still send this letter even though we have sent the other one?

sourcrates

uvstomper wrote: »

Can we still send this letter even though we have sent the other one?

No harm in doing so, the onus is still on them to prove you owe the debt, not on you to prove you don't !!

happy_bunny_2

When ruthbridge write to you, send them either the prove it letter or an account sold while in dispute letter.

Just means no one can get a CCJ if defended til the CCA appears and even then it might be full of holes.

Who was the debt originally with and when was it taken out?

uvstomper

HERE IS A COPY OF THE LETTER THAT WE SENT AK.

ORIGINAL DEBT DATED : 17/2/2006 THEY TOOK OVER 2010 ACCORDING TO CREDIT FILE.

I HAVE BEEN ADVISED TO CALL THEM AND QUERY WHY THEY ARE SENDING COLLECTION LETTERS AND THAT IT MAY BE A CASE OF THE FILE DROPPED OFF THE SYSTEM AND BACK INTO COLLECTIONS PROCESS??? NOT SURE REALLY WHERE TO GO WITH THIS NOW.

ANY HELP IS GREAT HELP RIGHT NOW X

To whom it may concern,

Further to your recent letter sent to the above address:
I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number…………………….

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

happy_bunny_2

It doesn't seem that it it acknowledges the debt, but is that relevant?

When did you last pay or acknowledge in writing before this letter?

Its odd, as Egg are usually pretty good with agreements from around this time. Maybe selling their cards business means its hard to find but I received a 2005 egg loan one in no time the other day...so don't assume it won't turn up.

Til it does, it's unenforceable in court and hence they can annoy you but can't actually force you to pay.

uvstomper

Never had any dealings at all with aktiv at all ever. Last payment was in 2008 to egg themselves. However upon checking credit file the address they have the debt registered too is wrong in the respect of the name of the building! The name of building they have it registered to doesn't exist!