bump

I paid my FFS to activ after recieving my cca, but now I am starting to think it was not enforceble as it has no t&cs on it. Can someone take a look at it for me please and advise me how to upload on to forum. Thanks

Cabot are currently in default it has now been 15 days since they signed for the cca!

Good Luck! When are you in court?

Oh right...sorry I thought you had just recieved it!

I thought you could not get a default while the account is in dispute:confused:

Just checked my credit report, one of them has been updated with satisfied!

I have emailed the financial obudsman. Is that correct that they do not have to issue a default notice?

After paying Aktiv the FFS yesterday and asking them to remove the unsubstansiated default from my file I recieved this email today. Can anyone help please? The default recorded on your Credit file on 07th March 2002 is based on factual information and was correctly recorded as a result of non-payment of the account, hence we are unable to remove this information from your file. It would be a breach of Credit Bureaux rules to do so. The default will naturally "drop off" your file after a period of six years from the date it was recorded. XXXXX, who was the originating creditor, would originally have registered the default. Following assignment of the account to us, Aktiv Kapital was subsequently registered as the creditor with the relevant Credit Reference Agencies. We have previously issued a copy of a letter issued to you by XXXXXX informing you that your account had been assigned to ourselves, along with a copy of the notice of intent issued to you prior to the default being registered. XXXXXXXX states that the default notice was sent. That is sufficient. There is no legal requirement for them to send you an actual copy of that notice under the Consumer Credit Act 1974. This is our final response we will not enter into any further correspondence with you. You have a right to refer your complaint to the Financial Ombudsman Service, within 6 months of the date of this response, should you remain dissatisfied.

I have made the payment after recieving an email from activ kapital confirming the account will close. I am awaiting a telephone call/email to see if they will remove default after I mentioned reporting them to ICO and FO! I rang consumer advice this afternoon who said no default notice=no default and gave me the telephone numbers to report them. I will give them 24 hours to call me back, then I will report them:)

Ok, they have just rang me and said they will accept £63.50 as FFS. I have told them to email me with that so I have proof they will not pursue me any further. They are still adamant that they cannot remove the default "by law". They have no copy of default notice, neither does original creditor and he said they have a notice of intent to default and that is good enough to allow a default to remain on my file.

As I type this I am on the phone to these people trying to get a settlement and they are saying they have no right to provide me with a copy of default notice. I offered £60 as ffs and they refused and said they will accept £90. The advisor is going to speak to a manager and call me back around midday. Please can someone offer me some advice on what to say

Bump!

They said that the default was issued by the creditor and the default automatically changed to thier name when they took over the debt.

Would really appreciate some help re: default notice, not worried about paying debt. Would love to get default removed and have a good credit file for the first time in years and then I might be able to get my capital one credit card transferred to one with a decent apr!

Can I ask them to remove the default from my file as they cannot produce a default notice?

Has anyone got any advice for my response to Aktiv please?

Recieved my cca from aktiv kapital via email today and as mentioned in my previous thread it was for an extended warranty for a washing machine almost 6 years ago and I cancelled the direct debit it when I no longer had the appliance (after 6 months) not realising I had signed a credit agreement. The cca states the amount of credit was £80 at 0%apr and aktiv are claiming I owe £177. I also recieved this following statement from them: Further to our letter dated 5th November 2007 in which we advised we could not supply the copy of the agreement, please find attached a notice of intention to default and a copy of the agreement.Please disregard our letter as this was issued in error. We cannot supply you with a copy of the default notice as we did not record the original default. Now I am not disputing I now owe them money but think it is unfair the amount has gone up so much when I have probably paid half of the original £80 So I will make an offer to settle but can I ask them to remove default as they cant supply me with the notice?

i have cancelled my card and i will write to request proof that they actually own the debt....although not sure what to say yet!

They asked me on the phone for 3 monthly payments of £40. They said this is the minimum payment they will accept and stupidly I gave them my card details to take first payment on 27th of this month!! I dont even know if I do owe t mobile anything, I just panicked and agreed as I didnt want another default.

I am just worried as I am trying to rebuild my credit history. I only have one default on my file from 2002 so that will be gone soon so I just didnt want another one plonked there for the next 6 years!!

Any advice please anyone? Ive done a cca but not sure if mobile phone companys are regulated by consumer credit act so any advice would be appreciated.

I have recieved a card through the door from Lowell so I rang them to see who they were. They said they have bought a T mobile debt from my old address years ago (although not sure if it was more than 6) for £120. Ive checked my credit report with the 3 agencys and there is nothing listed (yet!) no default nothing. I think I read somewhere that you cant cca mobile phone companys so what options are available to me. Should I just pay it?

I want to write a letter back to the finance company though as I think they should provide me with some more information, especially account info. Any ideas on what I could write please?