Aktiv Kapital (UK) - Who Are They?

~Chameleon~

Second paragraph:

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 *****, 2007. If the request is not satisfied after a further calendar month, your company commits an offence. Therefore on ********** 2007 this time limit will have expired.

Apparently it's no longer an offence so you need to omit this part. I'd wait for one of the pro's to come along and advise further before printing it off and posting it though

RAS

Little_Girl wrote: »

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.

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.

Alos remove section 6.1.b

Revised above.

rog2

~Chameleon~ wrote: »

Second paragraph:

Apparently it's no longer an offence so you need to omit this part. I'd wait for one of the pro's to come along and advise further before printing it off and posting it though

You are absolutely correct, Chameleon.

Little_Girl - send the letter as amended by RAS, but don't worry if you have already sent the letter including the 'crime' clause - the remainder of the letter is just as important.

Little_Girl_2

Hello Chameleon, RAS and Rog2..

Thank you Chameleon for the update on the letter..

Rog2 as advised I'm sending the letter with RAS' revised template. Many thanks again for your help.

RAS thank you so much in spending time to post the template.. I really appreciate your help on this..


Hugs guys... :beer:

rog2

Little_Girl wrote: »

Hugs guys... :beer:

You're more than welcome L_G - Good luck and please keep us updated. :T :T

mippy

Hi, I've been on this thread before but am confused!

AK have got in touch with me regarding a Dorothy Perkins account which was paid off in 2005/6. This was paid off through a CCJ, though I don't have the paperwork regarding this as it got lost while moving house. As I have taken on this debt but it is now paid, which letter do I need to send?

To complicate things further they've 'transferred' me to Buchanan, Clark and Wells, and they have sent me a 'Final Notice' (hahaha). So to whom do I need to send my letter?

Thankyou!

RAS

have you looked at your credit record, as this should list the judgement as satisfied and give you something with which to go back to the original court.

herbiecostello

sent cca(scotland )letter and request under telecommunications act.on2nd March. they havent acknowledged the tel comm act letter but have stopped phoning. have enclosed two letters I have got since. They never even had the courtesy to thank me for my one pound postal order.

05/03/09 Dear Sir, We refer to your recent your recent correspondance From your request under the Consumer Credit Act 1974 we can confirm that we are currently in the process of requesting the relevant documentation on your behalf from the original creditor
We would point out that, as we are not the original creditor the Act allows 12 working days plus 30 further days before we are entered into a default situation We believe we are exempt from this due to the processes sometimes required in order to obtain the documentation from the original creditor
Once we are in receipt of the requested documentation we will provide you with copies

09/03/09 Dear Sir, We refer to previous communications in regards to the above account

We acknowledge receipt of your request under the Consumer Credit Act 1974. We are now in receipt of stratements for this account, however Data Protection law prohibits us from issuing a copy to you before we have confirmed your identity and residence

Therefore, please forward details of your previous addresses since 1997 (including from and to dates), along with any proof obtainable to confirm you were residing at the addresses
On receipt of this information we will forward a copy of the statements to you, please do not hesitate to contact us should you have any further queries
A pre-paid envelope is enclosed for your convenience and we will look forward to hearing from you as soon as possible.

SolicitorMidlands

Capquest have failed to comply so I sent 12 plus 2 letter. I will diarise and send the next one.

What happens with the credit report though as I assume they will remain on there showing as being owed money by my family member?

RAS

When was the debt defaulted?