thanks spamheed i think i'll get drafting a letter!!

do you have a reference to this? i can't find it anywhere sorry but my legal reading head isn't great - sure all this cr*p is intended to baffle us!!

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’?

I thought this T&C didn't have to be the original see: http://www.consumeractiongroup.co.uk/forum/showthread.php?162851#post1747504

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 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 No, nothing from Egg i think I will - presumably they will still deal with me even thou the account was 'sold' ?

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’?

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’?

so if the debt still existed, would it be written off after 6 years?

...

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

sorry pinky - did you mean that letter I posted above ^^ ?

thanks Pinky

Also, someone on a forum said: and suggested this letter:

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' 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?

but that OFT ruling states: it's that last bit i'm worried about (passing info to debt collector)

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?

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

ok - i finally got the full monty thru under a SAR! it appears from their records that my account was opened in November 2006! I thought it was before that. the 'signed' credit agreement is in the form of a checkbox and disclaimer saying this tick represents my signature! i suppose that changes everything now?!

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?

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,

i'm also writing to the ICO and FOS

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?

CCA originally requested 23 june 09 These docs supplied on 27 aug 09 account opened around 2004 (well before 2006)

thanks haggis number changed online and SAR sent here's what they sent me: the covering letter: http://i679.photobucket.com/albums/vv156/sean23uk/mbna_ltr.jpg the CCA in someone else's name (5 parts) 1: http://i679.photobucket.com/albums/vv156/sean23uk/someone_else_1_of_5.jpg 2: http://i679.photobucket.com/albums/vv156/sean23uk/someone_else_2_of_5.jpg 3: http://i679.photobucket.com/albums/vv156/sean23uk/someone_else_3_of_5.jpg 4: http://i679.photobucket.com/albums/vv156/sean23uk/someone_else_4_of_5.jpg 5: http://i679.photobucket.com/albums/vv156/sean23uk/someone_else_5_of_5.jpg the CCA with my name & address on, but no signature (4 parts) 1: http://i679.photobucket.com/albums/vv156/sean23uk/me_1_of_4.jpg 2: http://i679.photobucket.com/albums/vv156/sean23uk/me_2_of_4.jpg 3: http://i679.photobucket.com/albums/vv156/sean23uk/me_3_of_4.jpg 4: http://i679.photobucket.com/albums/vv156/sean23uk/me_4_of_4.jpg these were sent together with a copy of a recent statement (which i haven't included but can if required, but it's a standard recent statement)

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?