Aktiv Krapital - laughable reply to cca request

[scorterooney]

i have been too-ing and fro-ing with Ak for some time now - they have admitted everal times that they do not have and cannot get the CCA and just continue to pester. I eventually sent them a non compliance letter along with a telephone harrament letter and the following is their laughable reply.

 

"The credit Service Association, of which this company is a member, advises in its guidlines that the debt sales proces can be complex. However it states that member of the association are to deal with requests under section 77(1) as if it were the original creditor, in so far as they are able to do so. The CSA states that it is up to each member on an individual basis to decide how far to comply with the act. It is the desiccion of this group to seek to adhere to the provisions of the CCA as much as possible, but we have not inherited the liabilities of the original creditor, for instance having to provide a copy of the original agreement"

 

They then go on to say as a matter of goodwill they have tried to get the agreement but they cannot so they have complied with the conumer credit act as far as they are able to - SO PAY UP .

 

A laughable reply that if i understand correctly means absolutely nothing and dose not get them out of their responsibility to provide the agreement if requested ?

 

Now that they have stated in writing that they do not have and cannot get the agreement what is my next step ?

 

Thank

 

Scort

[ScarletPimpernel]

Just send a short letter:

 

Dear Oxygen Thieves

 

I refer to your letter dated (date) in which you confirm that you are unable to comply with my formal request pursuant to s.78(1) of the Consumer Credit Act 1974. However, despite being in default of my request, you have continued to make unlawful demands for payment contrary to s.78(6) of the CCA 1974 and the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I note what you say about the Credit Services Association, and draw your attention to the first paragraph of its Code, which states that members must act lawfully at all times. Furthermore, under the CPUTR failing to comply with a code of conduct to which you have subscribed is unfair trading.

 

In the circumstances, I will not enter into further correspondence with you, and any further unlawful demands or contact will be viewed as harassment and reported to the appropriate enforcement agency.

 

Finally, as you have failed to comply with my request, I require you to return the £1.00 fee without delay.

 

Yours etc.

 

Remember to send it Recorded Delivery, then just ignore anything else they send. If they are stupid enough to issue a court claim, you have a solid defence.

[PGH7447]

standard AK letter, send SP's reply and then forget about them until the next threat-o-gram lands on the mat

[scorterooney]

Cheers of rthe letter sp

 

In my previous non compliance letter i also stated:

 

"Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect."

should i now follow this up or should i sort one thing at a time and just continue with the above letter ?

[Desperate Daniella]

I have just been given the link to your thread and the truly outstanding letter by AK.

 

Can you imagine any other organizations other than dcas saying they would choose which bit of an Act they would comply with?

 

Maybe we should try using this approach to say, Road Traffic Act offences? "Sorry officer, I know the Act says I shouldn't speed at 70mph in a 40 mph limit, but I have chosen not to comply with that bit." That should go down well.

 

DD

[lickthewallfatboy]

comedy will never be dead while a DCA exists

[ODC]

Typical DCA to select bits of the law to suit their sill threatogrammes. They obviously are totally ignoring S175 and 189 of the CCA as well.

[Desperate Daniella]

This is so true.

 

I got a totally unenforceable agreement from RBS and was chased by Wescot. Firstly, she said I had to write in with a £1 and pay for my copy of the agreement. I already have it, I said. I don't need another copy. Well, why aren't you paying us then? Because it's an unenforceable agreement. It has no prescribed terms. Uuuhhhh?

 

Yet another dca whose staff know nothing about the CCA 1974.

 

DD