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Posts posted by PeteT

  1. They have kinda shot themselves in the foot.


    They can't fulfil a CCA request, no agreements means no court action..... just ignore them until it's SB.


    I CCA'd them 4 years ago, after 3 years of the standard "we are chasing up your request" letters I got one saying "we can't enforce your agreement but please pay us".... that was a year ago.

  2. Hi,



    I have a quick couple of questions. I understand that you can not have 2 defaults for a single debt, but what if a company defaults you (assume correctly for now) and then sell the debt to a DCA. They subsequently mark the default as satisfied and then the DCA adds another default?


    a) Can they add another default if the first is still present, or does it not matter as it's shown as satified


    b) Can they add a default without another default notice?







  3. For what it's worth....


    I get the same letter every couple of months from a CCA request in Feb 2007!!


    I simply contacted the CRAs and asked them to remove the entry as DLC (as they were calling themselves back then) had placed the default on my account without any proof that the alledged debt even existed.

    I got letters back from the CRA saying they'd get in touch with DLC....who 21 days later hadn't gotten back to them so they all removed the entry immediately.


    Worth a shot.

  4. When was the last payment made on the account? Was it prior to 2003?

    If so, the debt could well be statue barred.


    I think Aktiv Krapital have bought up a lot of dubious debt recently as I've had a letter asking for the £7k+ I owe Barclays Bank.

    Slight problem is that whilst I was a customer for 11 years, I have not banked with them in 14 years....as the account I opened was a Supersaver account I opened when I was 7 and closed on my 18th birthday. Can't see them giving me a loan / overdraft / credit card / an other type of credit on a junior savings account under the age of 18....can you?

  5. Do nothing.


    CCA 1974 Section 78 (6)

    If the creditor under an agreement fails to comply with subsection (1)—

    (a) he is not entitled, while the default continues, to enforce the agreement.

    Why would you offer a payment proposal for an unenforceable debt?

    DLC are spineless - simply stand up to them and show that you know where you stand and they run off crying.

  6. Thats a difficult one - the debt is most likely statue barred, so they can not force you to pay the outstanding debt before providing service..... however they may be able to refuse you service based on your previous account handling. I'd read through the T&Cs that you had access to before you signed up and see if there is anything about outstanding debts - if not, then I'd be kicking up a stink with them.

  7. Hi all, looking into this company for a cagger and noticed that their consumer credit licence expired on 16th June 2009....their renewal is open so am thinking now is the time to make sure everyone gets their complaints to the OFT and make them reconsider!


    Public Register


    The public register you linked to says is still current

  8. The OFT seem to reply in about 7-10 days. However certain complaints seem to get a quicker response e.g Phoenix SARL-MARLIN who seem to be high up the OFT "hit" list getting an almost instant response.


    Might as well send my complaint in too - just read through the OFT Guidelines and and Marlin are currently not complying with sections 2.2b, 2.2g, 2.3, 2.4e, 2.4f, 2.6h, 2.6i, 2.8i, 2.9k and 2.12k in regards to an unenforcable debt which I CCA'd in 2007.

  9. They changed their name to NTL then but were running from '93 according to that page.


    Either way I'd like to hear why VM are in breach of the Data Protection Act as they are clearly holding on to information for longer than is reasonably required. "Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes"



    Or will they claim it was necessary? How long do they think they can hold on to the data for?

  10. DLC have been sending me a letter every 21 days since they defaulted on a CCA request in early 2007. Letter simple says "Account is on hold, we are awaiting the documents from the original creditor, we'll contact you in 21 days" LOL


    I wrote to them and told them to remove the entry on my CRA and they did.

  11. Afternoon



    Reading through the forums again after a bit of a break as a friend has recently been contacted by Aktiv Capitalover a debt from the 90s


    He got a loan as a fresh faced 18 year old, lost his job and it defaulted he got a CCJ. Now some 10 years or so on he's received a letter about it.

    I don't have any more details other than the loan was taken out in about 1995 (based on his age) defaulted probably a year later add the CCJ was maybe the same year or maybe 97 (All definiately more than 6 years ago)


    I did briefly read that a debt will not be statue barred if a CCJ was gained and that the debt a could potentially be collected on ad finitum.



    Could someone point me in the right direction on this?

  12. OK - not heard of this one before.... DCA making silent calls.

    Each time the line is silent for between 24 and 67 seconds before a brief ringing tone and the message "the other person has cleared"


    Had them on the following occassions:


    15/01 @ 19:22 for 54 seconds

    19/01 @ 19:06 for 24 seconds

    22/01 @ 19:48 for 67 seconds

    23/01 @ 19:24 for 30 seconds


    And the guilty party.... Marlin.


    So to add to the CCA non compliance for nearly 2 years, there is the fact that I've had 11 calls in the last month despite clear instructions not to call and converse only by letter, the "defaulting" of the account whilst in dispute, the adding of the default to my credit when I've never seen a default notice, their staff (on 2 seperate occasions) blatently lying and referring to the Rankin case as a change in the law they are now silently calling.


    Oh please why wont Marlin take the legal action they have been threating so I can go to court and have them explain all this to the judge!!

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