3 CCA's sent 10/7/07 and confirmation of statue barred

[vogelrok]

CCA sent to Aktiv Kapital today. 12 working days and counting. debt brought from Harveys Furnishings

 

CCA sent to Cabot financial uk ltd. 12 working days and counting. Debt brought from Barclaycard

 

CCA sent to DLC/Hillsdean. 12 working days and counting. debt brought from Barclays Bank

 

Thames Credit confirmed that a debt they was chasing is statue barred and will send paperwork to confirm it. as i had sent a letter a few weeks back. the guy i spoke to was excellent. he is a memeber on here and chasing his own unlawful charges racked up against him. so to you sir who ever you are thank you for being a breath of freshair.

 

posted to help me keep track of dates as i always for get bad memory

[jaxads]

I spoke to a really nice Guy at the Halifax the other day. He was really pleasant and cheerful --- he sounded just too nice to be working in customer services!!!

 

It makes such a change when you speak to someone like that.

 

Good luck!

[vogelrok]

Thank you Jaxads

 

lets just hope he keeps to his word and wasnt fobbing me off. but from the tones in his voice he seemed ok and would deal with it for me.

[vogelrok]

all delivered today so 12 working days commences from today. i beleive.

[pmhcfc]

CCA sent to Aktiv Kapital today. 12 working days and counting. debt brought from Harveys Furnishings

 

CCA sent to Cabot financial uk ltd. 12 working days and counting. Debt brought from Barclaycard

 

 

I think you'll find that Aktiv Kapital will come up with the original agreement for Harvey's. I believe this would have been done through a division of Abbey National - who keep ALL their documents. However, as and when they produce this agreement, you'll need to write back to them and ask for them to supply you with the ORIGINAL notice of assingment and the ORIGINAL deed of assignment..It's my belief they'll struggle to supply those.

 

As for Cabot,, please go and visit the Cabot forum and have a good read there. You'll know what's coming to you in the post from this lot - before you even get it.

[vogelrok]

Hi pmhcfc

 

i have also requested the deed off assintgment within the CCA letter. if they send it i will be surprised.

 

if i have to pay it i will. but if they have not follwed the correct format of keeping records and forwarding them to me in the first instance. then i have a right to withold payments to them. as is my understand.

 

thank you for the input you have given me on this. gentle reminders always help.

 

aktiv did say they would forward the paper work when i spoke to them to make sure i was sending the paperwork to the correct place.

 

 

 

Cabot hahaha i dont doubt i will get the same as everyone else. a copy of the aapplication form or a botched up photoshop version or something that isnt what i have asked for.

[vogelrok]

Letter from Thames Credit as promised stating the debt was statue barred. thank you to the guy that works there for sorting it out.

 

DLC have got some paperwork from them. but it dont have any account info on it. has a cover page which states account sale agreement no details of account number on them. (accept the main overall letter to confirm they have recieved the CCA request)

the next page (page 1 in bottom right corner) is a full page stating the sale but once again no account numbers.

the last and fianl page (page 28)

has two signatures on it. one from barclays Ken Apter and one from hillesden Anthony Locke

 

i will scan them in a mo and delete the stuff that needs deleting personnel info to me. then will put them up for you to check them.

[vogelrok]

Here is a scanned image of the letter from Aktiv Kapital. it is a notice of assignment. but dont these have to be signed by both parties or is that just the deeds of assignment.

 

is this a even a true copy as it is dated 10/07/07.

 

i didnt get this via a CCA was sent after a phone call. they have a CCA with them. which requests the info required by the consmuer act.

 

 

any advice on this one guys and gals.

 

will post up the DLC one in a bit. im sure it aint legal. looks like it was knocked up in a rush.

 

thank you for looking.

[vogelrok]

Do these look legit to you. i havent changed or messed with them in anyway what so ever.

 

these are as sent. please help.

 

http://img.photobucket.com/albums/v231/vogelrok1/DLCreplyletter.00001.jpg

 

http://img.photobucket.com/albums/v231/vogelrok1/DLCreplyletter.00002.jpg

 

http://img.photobucket.com/albums/v231/vogelrok1/DLCreplyletter.00003.jpg

 

please could someone check in the know. to me they look false made up. as no account details on them. which i would have thought would have been the case. as this means zip really. could be anyones paperwork for all i know.

[vogelrok]

anyone?

[rory32]

With regards to Notice of Assignments:

 

If the notice includes an amount demanded that is incorrect it renders the notice legally invalid (e.g. unlawful charges or DCA admin/collection charges).

Even if the amount doesn't include charges but is misstated it is still invalid.

If the date is incorrect it is legally invalid (i.e. does not tie in with the deed of assignment - the execution of assignment should be the same as the date shown on the notice).

The case that supports this is W.F.Harrison & Co Ltd v Burke [1956] 1 WLR 419

[vogelrok]

Hi Rory

 

the back of the notice of assignment has details how to make payments for the debt. im damn sure the original wouldnt have had this on it.

 

it does also have a balance with the amount left to be paid, so that makes the aktiv kapital one invalid then if im not mistaken, or until they can produse the correct documents. does that sound right rory.

 

the dlc one dont that need to have my account info on it. as it could be anyones paperwork. it could be yours it could be uncleburts that died 20yrs back since. to me it dont mean nothing at present other than paper printed on to make it look real.

[vogelrok]

this is the covering letter i got from hillsden

 

http://img.photobucket.com/albums/v231/vogelrok1/DLCreplyletter.jpg

[rory32]

it does also have a balance with the amount left to be paid, so that makes the aktiv kapital one invalid then if im not mistaken, or until they can produse the correct documents. does that sound right rory.

Yes, it would also appear to be incorrectly dated.

 

the dlc one dont that need to have my account info on it.

 

Again yes. As you have stated it is a generic document. It has probably been put together to cover a number of debts that the DCA has bought.

[rory32]

Standard letter from Hillsden.

[vogelrok]

Thank you Rory. just sit back and let things run down now. just got to wait on the rest now.

 

 

see what else they chuck at me.

[vogelrok]

this was the best letter of all today.

[ODC]

this was the best letter of all today.

Dosent look tampered with at all:rolleyes: . Wonder who got a bottle of Tippex out

[vogelrok]

posted the wrong pic ODC lol

[ODC]

posted the wrong pic ODC lol

Funny though how Mr Lockes name is hand written though:)

[vogelrok]

Funny though how Mr Lockes name is hand written though:)

 

very funny indeed mate. i have checked to see if their is any traces of tippex. but nothing that i can see. but easly taken out in photoshop.

 

should i furnish them with a letter stating that this is non complaince with my request as per the consumer credit act.

 

or just leave it the rest of the 12 working days and then the next 30 days and see what comes up next.

[Curlyben]

Let them stew.

There's no need to remind them of the law surrounding CCA as they know it.

 

You only need to respond when they start demanding payment again, then hit them with non-compliance.

[vogelrok]

cheers curlyben.

 

i know they will write or phone at some point, they just cant help themselfs. they did send me a statement of accounts. the other week. which i clean forgot about. the end balance was some £149 difference. so someone added money somewhere. after the closure of the account.

[make them aktiv runners]

Hillesden may well hide behind "commercially sensitive" but not producing enough of the deed of assignment to show whether it is Equitable or Absolute legal can be seen as being obstuctive, with the possibility of trying to mislead you into believing they have a different entitlement to what they actually have.

[vogelrok]

i have never agreed to a payment with hillsden on the grounds of i dont know who they are. i have never paid a DCA and have no intention of paying a dca unless they can prove they are who they say they are. as yet none have done this.