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seanj70

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Posts posted by seanj70

  1. So, what should my next step be?

     

     

    • Write to AK stating that Egg never told me they refused my claim,
    • that they did not try to contact me to recover any more of the debt – further implying that the account was still in dispute,
    • that they should not have sold the debt to AK whilst in dispute
    • request proof of assignment from AK
    • that even with these supplied terms the account is still in dispute because of the missing ‘cooling off period’?
      Should I mention why i’m disputing it in detail (cooling off period) or just give the generic ‘does not include all the prescribed terms’?

  2. I thought this T&C didn't have to be the original

    see: http://www.consumeractiongroup.co.uk/forum/showthread.php?162851#post1747504

     

    However, the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 define what may be sent in response to a request under ss77-79. they have to send a 'true' copy but this is far short of an exact copy. They may just send a copy of current terms & conditions
  3. Egg have a wonderful habit of actually typing your name in the original terms and conditions which pretty much c*cks up any attempt to replace the T&C with a different set.

     

    at the top of page 1 of the terms and conditions there is a blacked out area where "your name" should appear, have you blacked this out or was it blacked out when you got it?

    they blacked it out, however I thought this part didn't have to be the original

    see: http://www.consumeractiongroup.co.uk/forum/showthread.php?162851#post1747504

    However, the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 define what may be sent in response to a request under ss77-79. they have to send a 'true' copy but this is far short of an exact copy. They may just send a copy of current terms and conditions

     

    Is the amount as claimed by AK the same that was outstanding with Egg?

    Are their any charges or PPI on the account?

    it is pretty much, AK have added some interest since 'aquiring' the account. there was no PPI taken out - I always saw it as a rip off and never did

     

    When Egg "sold" or otherwise passed this debt on to AK, they would have been required to notify you of the assignment under the Law of property (LOP), if they did not do so then it may be an idea to refute their claims of ownership and request (nicely) that they prove ownership of said debt.

    No, nothing from Egg

     

    It may also be worth sending Egg a Subject Access request to see what they produce

    i think I will - presumably they will still deal with me even thou the account was 'sold' ?

  4. A while back I requested my CCA from Egg (via CapQuest) and eventually received the following:

     

    Egg CCA pt1

    Egg CCA pt2

    As this did not include a copy of the terms I wrote back claiming that it wasn’t properly executed with all the prescribed terms and didn’t hear anything for almost a year from either Egg or CapQuest.

    Then I received a call from Aktiv Kaptial who apparently purchased the debt from Egg. As I was not aware that my debt had been sold, whilst it was still in dispute with Egg / CapQuest, I requested a copy of my CCA from AK.

     

    AK said (verbally on the phone) that the original agreement doesn't matter any more and they were desperate to get me to pay a token payment on the phone, but I refused and said i wanted proof of the debt.

     

    I sent them a letter stating that Egg should not have sold my account whilst it was in dispute to which they replied, removing my account from their collection process whilst they obtained a copy of the agreement.

     

    I have now received the following including a copy of the agreement, this time with a copy of Egg’s terms:

     

    letter from AK

    Copy of Egg CCA part 1

    Copy of Egg CCA part 2

    Copy of Egg terms part 1

    Copy of Egg terms part 2

    Copy of Egg terms part 3

     

    AK’s letter states that Egg rejected my claim that the account was unenforceable, however I have never received this information from Egg or CapQuest, nor did they contact me to try and recover any more of the debt.

     

    Upon perusal of the supplied agreement and terms there is no mention of a cooling off period or my rights to cancel.

     

    What should my next step be?

     

    Write to AK stating that Egg never told me they refused my claim, that they did not try to contact me to recover any more of the debt – further implying that the account was still in dispute, that they should not have sold the debt to AK whilst in dispute and that even with these supplied terms the account is still in dispute because of the missing ‘cooling off period’?

     

    Should I mention why i’m disputing it in detail (cooling off period) or just give the generic ‘does not include all the prescribed terms’?

  5. A while back I requested my CCA from Egg (via CapQuest) and eventually received the following:

     

    Egg CCA pt1

    Egg CCA pt2

    As this did not include a copy of the terms I wrote back claiming that it wasn’t properly executed with all the prescribed terms and didn’t hear anything for almost a year from either Egg or CapQuest.

    Then I received a call from Aktiv Kaptial who apparently purchased the debt from Egg. As I was not aware that my debt had been sold, whilst it was still in dispute with Egg / CapQuest, I requested a copy of my CCA from AK.

     

    AK said (verbally on the phone) that the original agreement doesn't matter any more and they were desperate to get me to pay a token payment on the phone, but I refused and said i wanted proof of the debt.

     

    I sent them a letter stating that Egg should not have sold my account whilst it was in dispute to which they replied, removing my account from their collection process whilst they obtained a copy of the agreement.

     

    I have now received the following including a copy of the agreement, this time with a copy of Egg’s terms:

     

    letter from AK

    Copy of Egg CCA part 1

    Copy of Egg CCA part 2

    Copy of Egg terms part 1

    Copy of Egg terms part 2

    Copy of Egg terms part 3

     

    AK’s letter states that Egg rejected my claim that the account was unenforceable, however I have never received this information from Egg or CapQuest, nor did they contact me to try and recover any more of the debt.

     

    Upon perusal of the supplied agreement and terms there is no mention of a cooling off period or my rights to cancel.

     

    What should my next step be?

     

    Write to AK stating that Egg never told me they refused my claim, that they did not try to contact me to recover any more of the debt – further implying that the account was still in dispute, that they should not have sold the debt to AK whilst in dispute and that even with these supplied terms the account is still in dispute because of the missing ‘cooling off period’?

     

    Should I mention why i’m disputing it in detail (cooling off period) or just give the generic ‘does not include all the prescribed terms’?

  6. ok, I finally got a copy of the CCA from Aktiv Kaptial and a covering letter that states that Egg rejected my claim that the agreement was unenforceable.

     

    I was never told by Egg that they reject my claim and I never received a copy of the terms, which this time have appeared.

     

    However, there is still no mention of my rights to cancel which i understand are part of the requirements?

     

    here are the docs i've now received from AK

     

    can i still dispute this with them and specify the missing 'rights to cancel' as my reasons?

     

    letter from AK

    Copy of Egg CCA part 1

    Copy of Egg CCA part 2

    Copy of Egg terms part 1

    Copy of Egg terms part 2

    Copy of Egg terms part 3

     

    i'm specifically looking at section 68 of the CCAct - Cooling of period (no mention in my terms)

    also, schedule 2 of CCA Regulations 1983 - your right to cancel

    as detailed here: http://www.consumeractiongroup.co.uk/forum/showthread.php?162851#post1747471

  7. Also, someone on a forum said:

    You have disputed the account with Egg for the reasons that you gave i.e. unenforceable prescribed terms. Whether or not they agree with your reasons, they cannot unilaterally cancel a dispute! You remain of your original view and therefore the account remains in dispute. Under these conditions, they cannot involve a third party debt collector and you should firmly refuse to deal with these Activ people or any other third party or DCA.
    and suggested this letter:

    ACCOUNT IN DISPUTE

     

    Dear Sir/Madam,

     

    Your ref:

     

     

    Thank you for your letter of **DATE**, the contents of which are noted.

    I refer to my letter of **DATE** a copy of which is enclosed for your perusal and ease of reference.

     

    As holders of a Consumer Credit Licence you are obliged to comply with the Office of Fair Trading Guidelines on debt collection. I would therefore be obliged if you would provide me with an explanation as to why you are attempting to collect on an alleged debt which was disputed with **BANK ** prior to your first contact with me, and has yet to be resolved.

    As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

     

    Since this is considered an Unfair practice and contrary to the OFT guidelines, you should consider this letter as a formal complaint, and provide me with a copy of your complaint resolution procedure.

    I also require you to confirm that you will now comply with the OFT guidelines, and will not attempt any further collection activity whilst the dispute is unresolved.

     

    Should you fail to provide me with the required undertaking within 7 days, I shall report your breach of the OFT guidelines to Trading Standards and the Financial Ombudsman Service.

     

    Take notice that I will not discuss this matter on the telephone, and all further communication must be in writing. Any further telephone calls will be perceived as harassment, and dealt with accordingly.

     

    I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

     

    I would appreciate your due diligence in this matter.

     

    I look forward to hearing from you in writing.

     

    Yours faithfully

     

    Send them (the DCA) this template adjusted to your own needs

  8. Sometime ago I queried my Egg loan that I was repaying via their Debt division Cap Quest. And after a long time waiting I did eventually receive a copy of a my CCA but it wasn't 'properly executed' with all the prescribed terms, so i replied stating such and didn't hear a dicky bird until last week (almost a year).

     

    The debt has now been purchased by Aktiv Kapital and I have requested a copy of the CCA again from them, but how do i stand now?

     

    AK have said (verbally on the phone) that the original agreement doesn't matter any more and they were desperate to get me to pay a token payment on the phone, but I refused and said i was proof of the debt.

     

    I've also read this about the OFT recently clarifying 'unenforcable debt'

    Crucially the OFT has made it clear that ''Unenforceable'' does not mean that an individuals debt is wiped out. Any outstanding debt is still owed, but there are some consequences for the lenders ability to enforce the debt, but they can:

     

    · request payment

    · issue a default notice

    · pass details of the default to a credit reference agency (e.g. Equifax, Experian or Callcredit)

    · pass the individuals information onto a debt collector

    and i'm worried about the bit where it says "· pass the individuals information onto a debt collector"

    QUOTED SOURCE

     

    Can anyone please advise or offer any help with what to do?

  9. but that OFT ruling states:

     

    Crucially the OFT has made it clear that ''Unenforceable'' does not mean that an individuals debt is wiped out. Any outstanding debt is still owed, but there are some consequences for the lenders ability to enforce the debt, but they can:

     

    · request payment

     

    · issue a default notice

     

    · pass details of the default to a credit reference agency (e.g. Equifax, Experian or Callcredit)

     

    · pass the individuals information onto a debt collector

     

    it's that last bit i'm worried about (passing info to debt collector)

  10. i did eventually receive a copy of a my CCA but it wasn't 'properly executed' with all the prescribed terms, so i replied stating such and didn't hear a dicky bird until last week (almost a year).

     

    the debt has now been purchased by Aktiv Kapital and I have requested a copy of the CCA again from them, but how do i stand now?

     

    AK have said (verbally on the phone) that the original agreement doesn't matter any more and they were desperate to get me to pay a token payment on the phone, but I refused and said i was proof of the debt.

     

    i've also read this about the OFT recently clariying 'unenforcable debt' and i'm worried about the bit where it says "· pass the individuals information onto a debt collector"

    http://www.creditman.co.uk/uk/member...wsviewID=11184

     

    how about you alisindebt? did you ever hear anymore?

  11. i did eventually receive a copy of a my CCA but it wasn't 'properly executed' with all the prescribed terms, so i replied stating such and didn't hear a dicky bird until last week (almost a year).

     

    the debt has now been purchased by Aktiv Kapital and I have requested a copy of the CCA again from them, but how do i stand now?

     

    AK have said (verbally on the phone) that the original agreement doesn't matter any more and they were desperate to get me to pay a token payment on the phone, but I refused and said i was proof of the debt.

     

    i've also read this about the OFT recently clariying 'unenforcable debt' and i'm worried about the bit where it says "· pass the individuals information onto a debt collector"

    http://www.creditman.co.uk/uk/members/news-view.asp?newsviewID=11184

  12. i had already sent a (standard template) letter saying the what they had sent was wrong and they replied saying they they had fulfilled their requirement under the Cons. Credit Act etc...

     

    i notice on your signature dpick that you state 'settled in full' on your MBNA account - they paid you or you had to pay them? or you had it written off?

     

    what are the next steps for me if they fail to provide a signed agreement?

  13. nice find dpick! you must be bored reading thru all that on a sunday!!

     

    anyway - here's what I intend sending them...

     

    -----------------

     

    Dear Sirs

     

    Account number: xxx

     

    Account In Dispute

     

    On 23rd June 2009 I made a formal request for information under the Consumer Credit Act 1974 s78. This request was made in writing and was delivered via recorded delivery to your offices on 24th June 2009.

     

     

    The documents that you provided me included a credit agreement in another person's name and address.

    On 27th September 2009 I made a Subject Access Request under the Data Protection Act in an attempt to acquire a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. This request was made in writing and was delivered via recorded delivery to your offices on 29th September 2009.

     

     

    You had until 7th November 2009 to fulfil your obligation under the Data Protection Act and to date I have received nothing in response to my request.

    I have now reported your actions to the Information Commissioner's Office and the Financial Ombudsmen Service and I have written to the third party who's credit agreement I was supplied.

     

     

    Until you can provide me with a legible copy of a credit agreement that carries my name and address, and bears my signature, I do not accept liability for the alleged debt and I will be making no payments to the account.

    Yours faithfully,

  14. ok - update!

     

    i sent a SAR to which they requested proof of ID so i sent driving license scan and have had nothing further on this. their 40 days were up on 7th November.

     

    They have sent several letters however saying they what they supplied (the documents above) under my CCA request are acceptable and therefore they are quite within their rights to collect on the account!

    apparently they don't have to supply a signed agreement to fulfil a CCA request.

     

    i'm now about to send a letter saying 'i'm admitting no debt nor paying a thing until you supply a signed credit agreement' but does any one have any advice before i do?

  15. after weekes of waiting MBNA finally sent thru what they called a true copy of my CCA

     

    there was one set of docs with my address on but no signature, however another set of 'CCA' docs with someone else's name and address! surely that's breach of Data Protection??

     

    anyway - i've sent the usual template letter back saying they didn't supply a true copy etc... and havent yet heard regarding that.

     

    ...but they are calling every day saying i'm in arrears and need payment and they've written and emailed threatening passing to a collection agency despite my written request not to call me in my last letter.

     

    i now want to write to them (again) clarifying that we're in dispute and i want to report to the OFT and ICO (re: data protection) are there any templates for this?

     

    how do i take this further? should i get one of these debt litigation companies involved?

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