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Everything posted by grobbo24

  1. I had similar dealings with these people, CCJ just over 6yrs old, no CCA etc. I kept on sending them reminders of their non-compliance and requests for info/copies of the CCJ paperwork. I SAR'd them also just to see what they had on me. I contacted the OC with a CCA & SAR and a request for the CCJ paperwork, I also contact the Northampton County Court Bulk Centre where Active said the CCJ was issued from and they could not supply any information on the CCJ. Needless to say, after months of letter sending, Active relented and closed their file, wiping out a debt of about £4000 because they could not supply a valid CCA or any CCJ paperwork and knew they could not enforce the debt or the CCJ in court. As Goldlady said, contact them again asking for proof of the CCJ, I would also contact the OC for the info aswell.
  2. As far as I am aware they are in breach of the OFT Guidelines on Debt Collection, as they should not be offering or asking anyone to take out another loan to repay them a debt in full. I would report them to Trading Standards and the OFT.
  3. Being honest it will not do you any harm at all. I sent them a S.A.R - (Subject Access Request) aswell towards the end of my battle with them just to seem exactly what they had and as you have found out most of the correspondence I sent them was not recorded on their systems. Don't give up keep at them and don't forget to ask for help on this group. As Curlyben said SAR the (OC) Orignal Creditor, I did this aswell and they had nothing at all on me.
  4. Aktiv Kapital are tough nuts to crack, just remind them that they have not complied with your CCA request and they will never be able to enforce the alleged debt by their own admission. In a round about way tell them where to go. It took me about 8 months to get them off my back, eventually they realised they were fighting a losing battle and gave up, so it is worth pursuing. If you need any further help in what to say to them then let me know.
  5. Earlier this year I CCA'd a DCA which was subject to a CCJ which had just passed the 6yr mark, it was a struggle to get any sense out of them as they kept sending standard printed letters and no CCA so I involved the original creditor aswell and CCA'd them and SAR'd both, I also asked both for details of the CCJ, which neither could supply, other than saying to contact Northampton Bulk Centre, the SAR's did not show anything either. I contacted the court and they could not supply copies either. Subsequently after much too'ing and fro'ing between the OC, DCA and myself I sent a final strongly worded letter and I had a reply from the DCA that they were closing their file on me and would not contact me again. I also received a letter from the OC saying that the DCA had informed them the file was closed and the balance of over £4000 had been written off. This might be a slightly different situation as the CCJ had already dropped of the public register and my credit file, but it shows if you persist and hope that the OC and DCA have a crap filing system then it is possible to successfully tackle an account with a CCJ on it.
  6. just subscribing, may use some of this if it gets this far with me.
  7. Just Subscribing because any info you help might be useful for me later.
  8. I have the same problem with Cabot supplying an application form. You have definately been supplied with an application, it is unenforceable as an agreement as it does not contain the prescribed terms. I was given some advice in my Cabot thread, but have not written a reply to Cabot yet, take a look. http://www.consumeractiongroup.co.uk/forum/cabot/108414-grobbo24-cabot-monument.html Once I have written a reply to them I will post it on the above link.
  9. Thanks for the info louiboy, will add that to the letter as well as some other bits I got from your earlier link. I will definatley be reporting them to Trading Standards.
  10. Hi louiboy, there are no precscribed terms of interest rates or repayment rates on the application, so I know it is unenforceable but not sure how to reply to Cabot telling them it is unenforceable.
  11. Monument Sold a Disputed debt to Cabot, I had CCA'd Monument in January and obviously they have committed an offence. When Cabot sent the welcome letter, I started the process again, which they defaulted on but have just sent the attached letter along with a copy of the application, as the agreement. Can someone adivse me of a good reply to Cabot pointing out that this is an application and not an agreement as it does not have the prescribed terms on it. I have searched on the forums but can't seem to find a letter, even though I'm sure there is one. Here is the letter from Cabot The T&C's is a seperate photocopy of a monument T&C from 2003, when the application is dated 2001. There are no signatures on the T&C's and no signature of the Creditor on the alleged agreement (I have blanked out my info only) If anyone can point me in the right direction of what to write to Cabot I would be most greatful.
  12. It is 6 years from the date the default was recorded and not the date of clearing the debt. So your credit file would be clear of the default in 2006 if it was registered in 2000.
  13. I don't think Ebay fees will be covered by a CCA as they are not a form of credit, but fees for listing items for sale on it's website. Someone with more knowledge may be along soon to offer some advice for this type of situation.
  14. I am in a similar situation with GE and Aktiv, except that the CCJ was taken out by First National before it became part of GE, a couple of years later Aktiv Kapital purchased the debt. I have CCA'd both companies and neither can supply the original agreement as they don't have it!! I have also requested copies of the CCJ paperwork from both companies, according to Consumer Direct they would need this to enforce the CCJ as I have found out that the relevant court does not have copies of the said paperwork. Consumer Direct told me that if I stopped paying Aktiv then they would have to pass the debt back to GE even though they have sold it as Aktiv can't enforce the CCJ as they did not take it out. This seems that I could be in a good position as GE have already told me that they do not have any paperwork on me or recorded in their system, they are currently looking into this and have been doing so for the last month and will let me know in due course. Aktiv have failed to reply to my request for copies of the relevant CCJ. So, I have stopped payment to Aktiv this month and will see what happens. By the way this no longer shows on my Credit File as it is over six years old. MindyBounce, this could be something you could try yourself, send Aktiv a CCA request and a request for copies of the original CCJ paperwork and send a request to GE for a copy of the CCJ paperwork aswell.
  15. Halifax did this with me, they put a default on my file with equifax whilst the alleged debt was in dispute. I contacted equifax, who said it may take 28 days to investigate, I had a reply today from them saying that as the Halifax have failed to respond to them they have removed the whole entry not just the default from my file. So this alleged debt from Halifax no longer shows on my file at all (for the time being!!) Just keep on at them, I am sure you will get the right result in the end.
  16. Send them a CCA request and tell them you do not acknowledge the debt. This may buy you some time, use this time to get some advice from the CAB or CCCS. If you just want to pay the debt off why not just send a cheque if you are able to and request confirmation from them that you no longer owe this debt to them.
  17. Rameses must work for a DCA or a Financial Institution, as he always seems to stand the moral high ground in favour of these companies. This group is for helping and giving advice to people, it is not for commenting on their morals or calling their character into question as this person seems intent on doing. As PriorityOne has said why join us if you don't agree with what the CAG is about.
  18. Hi, Yes the time limits run from the original CCA request, don't bother being generous by giving them more time to comply, they wouldn't do it if the shoe was on the other foot would they! Just send them a letter pointing out the fact they have sent a CCA that is not linked to the debt and that they have still not complied with your original request. If this is the only document they can supply then it would look like you are home and dry with this one, keep us posted on what happens.
  19. Good luck with this, let's hope that they can't comply with the judges ruling, this could turn out very favourably for a lot of people on this forum.
  20. I have been disputing an overdraft balance with the Halifax since January this year, which still has not been resolved, they have only started looking into my dispute since the middle of march after I spoke with Trading Standards and I am still waiting for the relevant documents they have promised to send. The last letter was dated 3 April stating they have conatcted the branch to forward these documents to me. The main problem is that even though the account has been in dispute since January they have never the less issued me with a default and this is now showing on my cra file. Am I correct in thinking that they are not allowed to do this whilst a debt /account is in dispute?
  21. Have you had permission from the Admins to post this?
  22. Hi, As far as I am aware, the default will stay on your file for 6 years from the date the default was registered, it should be taken off automatically regardless of whether or not it has been satisfied. I only know this as I regularly check my file and have noticed this previously.
  23. Rinky, if you have sent the last letter I gave you, then you should not hear anything from them. I am still waiting for a reply weeks after sending it. They are quick of the mark normally as you have discovered with this last letter from them. What everyone is saying is correct about it not be a proper Credit Agreement, as it does not contain all the prescribed details and it is only an application. Don't worry just keep doing what you are doing, we are all here to help one another.
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