Hi,

I CCA'd Akinika re a Halifax Credit Card that I took out in 1999 and defaulted on in 2009 for which I have been paying token payments of £1 ever since.

Originally the debt went to Iqor.

In reply to my CCA request Akinika sent me the visa card application form only

- doesnt have terms and conditions or APR rate or how much credit was offered therefore I think it's not a credit agreement.

They say

"We write further to your recent communication and now enclose copy statement/bill provided by our client for your reference.

We confirm that the above balance is correct and we require your proposals for settlement of this outstanding balance by return."

The balance was typed in above the reference number, not a separate doc.

Also,

looking through a 2003 Equifax report I see that the account number linked to that credit card was marked as 'satisfied' in 2002.

I vaguely remember upgrading the card at that point to a better deal with better rates and a bigger credit limit.

How do I respond to Akinika who seem to think they have fulfilled their obligations?

Thanks.

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?175-General-Debt-Issues

I suggest if you have more of the same type of thread needed to post up, you use the forum I have posted the link to above.

Which is the General Debt Issues forum.

In response to a CCA request you are entitled to receive...

Copy of the agreement or a truthful reconstruction.

Statement of account

Terms and conditions from the time the account was opened and at the time of default. If variations were made to the T &Cs you should receive a copy of those as well.

IMHO, if they have not provided this information, then you could simply write and say you do not believe they have fully complied with their statutory obligations under the CCA - however, others will likely say, why bother ?

If they were to issue a claim against you, then the fact they have not complied with those obligations is a defence in itself !

If your credit report shows that the account was satisfied - I think it is purely an accounting term that shows that at that time the balance was either written off the books and transferred to another account (you say you upgraded) or when they sell the debt on to a DCA.

The account should then start being reported by either another DCA or transferred to a different account reference.

Anni is iqur

Sounds like they've been cash cowing you for years

Pers I wouldn't bother writing back

If iqor could have done court they would have by now

They don't hang around

I take it this has long been off your credit file

Dx

Yes, it has long been off my credit file.

Then I'd be leaving the milking parlour

Dx

You mean, just dont reply? See what happens?

Yep

They know the rules

Thank you all for your expertise.

Hello all,

I received a 'letter of claim' from Lowells on 24/12/2017 who were assigned the account on 27/6/2017.

I believe I need to respond to this as a pre action protocol.

I have not responded to any of Lowells communications.

I've looked through some of the posts on here and believe I need only tick Box D (dispute) and box I (information) and send them the template letter as below.

Is that correct or do I simply tick Box D and state there is a problem with the legal agreement?

The response I got from Akinika when I requested the CCA was sent to Halifax who sent me my one page application signed and dated in 1999.

It was illegible so that is another of my grounds for dispute.

Thank you for your letter dated xx/xx/2017.

As the letter contains a threat of litigation, it is being treated as a formal letter before action.

[removed] - dx]

so the debts been sold to lowells

have you have a notice of assignment prior to this?

dx

but anyhow

read this:

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017

and follow post 6.

and yes send a new CCA request to lowells too

[same env staple to £1PO to the letter]

Thank you dx.

Yes, I had an assignment letter from BOS on 20 July 2016.

Am on it!

camillamagnum