default.... aktiv kapital

[pebs]

Hi,

 

I have recently obtained my credit file from experian and there was a default on it from a company called aktiv kapital. I contacted them and they told me that they have bought a debt for £177 from a extended warranty I had with scottish power in 2001 from a previous address.

I thought when I cancelled the warranty it ended but apparently I had a signed a contract that states I had to pay it all.

I aked them to send me a copy of the agreement along with a copy of the default notice (which I`ve never recieved because it went to my old address) and they said they dont have them because scottish power defaulted me, not them.

He then said I can settle the debt for £105 but they will not remove the default even if I pay.

I have since emailed them and have just received this reply:

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

 

We acknowledge receipt of your request for information under the Consumer Credit Act 1974, however, we are not the original creditor nor did we provide you with the original credit facility. We purchased your outstanding debt balance and right to collect that balance, together with the right to apply interest in accordance with your original Credit Agreement (where appropriate). We did not purchase your actual Agreement, consequently we have no obligation to provide you with a copy of that Agreement.

 

However, as a matter of good practice, we will seek to obtain a copy of the original Agreement from the original creditor and if it is available we will forward a copy to you as soon as possible. In order for us to comply with your request, please forward to us payment of the statutory £1.00 fee.

 

Please note that Aktiv Kapital did not place the default notice on your credit file. The default is changed into our company name upon assignment of the account. The default was placed on your credit file on the 7th March 2002, Aktiv Kapital was assigned your account on the 23rd August 2004. We do not hold a copy of the default notice, a copy would have been issued to your address for your records.

 

Can anyone offer me any futher advice on what I should do next please?

[diskmandave]

Hi pebs and welcome to the forums!

We acknowledge receipt of your request for information under the Consumer Credit Act 1974, however, we are not the original creditor nor did we provide you with the original credit facility. We purchased your outstanding debt balance and right to collect that balance, together with the right to apply interest in accordance with your original Credit Agreement (where appropriate). We did not purchase your actual Agreement, consequently we have no obligation to provide you with a copy of that Agreement.

 

However, as a matter of good practice, we will seek to obtain a copy of the original Agreement from the original creditor and if it is available we will forward a copy to you as soon as possible. In order for us to comply with your request, please forward to us payment of the statutory £1.00 fee.

I'ld play along and do what they suggest so that there is a formal request in place, but their statement about not being the original creditor and having no obligation is incorrect. You may wish to remind them of Section 189 of the Consumer Credit Act 1974, which states;

“ creditor “ means the person providing credit under a consumer credit agreement or the person to whom his rights and duties under the agreement have passed by assignment or operation of law, and in relation to a prospective consumer credit agreement, includes the prospective creditor;

Best wishes, Dave.

 

[pebs]

I have a default from aktiv kapital.

They say they do not have a copy of my credit agreement, only a copy of the original default notice.

Are they able to enforce the debt with no credit agreement? And from what I have been reading through on these forums, has the original creditor broken the data protection act for passing my details on to a 3rd party without a credit agreement......is this correct?

[rory32]

Are they able to enforce the debt with no credit agreement?

What is the debt on relation too? If it is covered by the CCA then no it can not be enforced without a copy of the credit agreement. The Data Protection Act is a seperate issue which is more difficult to prove. Have you received any Notice of Assignment or Fair Processing Notice from Aktiv Kapital?

[pebs]

I have recieved nothing from aktiv kapital.

I only found out I had a default 2 weeks ago when I got my credit file, I had no idea what it was for (from 2002 at an old address) so I gave them a call.

It had been passed on to them from scottish power for a warranty that I had purchased, when I moved house I gave the appliance to a relative and cancelled the Direct debit for the warranty thinking it would end....I had no idea the warranty had been financed, I thought it was just pay each month till you no longer needed it

[pebs]

Anyone? I am just about to write them an email and i would really appreiciate some advice please.

[rory32]

Well there would have to be an agreement. I think it may well be covered by the CCA if it was financed, it would also be useful to see the terms of the agreement. Regarding the default, they can not just bung a default on your file they need to send you a default notice first.

[pebs]

They said there was a default notice issued in march 2002 from scottish power and when they bought the debt the default automatically changed over to their name. I had moved by then and so was not aware I had a default from them. I did explain that I had moved and so was unaware but they were not interested.

They said they can offer me a discount to settle (the debt is only for £170) but they will not remove the default until the end of the 6 yr period which will be this march.

[pebs]

Just wondering if they are enforcable after a certain time?

[PriorityOne]

Debts become statute-barred if there is no written contact/payment made between creditor and debtor within 6 years after the last form of written contact/payment.

 

The 6 year clock can only be reset within the 6 year limit - once a debt is statute barred it remains statute barred forever.... which means that it cannot be re-enforced after that time, whether acknowledged or not.

 

[Curlyben]

The debt still exists, but enforcement action through the courts after this time is NOT possible.

A DCA can request payment, but once they are informed of the debts status they should stop asking.

[Having_A_Knightmare]

Is is true about a CCJ after 12 years.

[Curlyben]

No, sorry.

The 12 year rule concerns mortgage debts.

Once there's a CCJ involved there is NO time limit, it's enforceable until settled.

[pebs]

I wanted to know as I have a default that I have only just discovered after buying my credit report and it was issued in march 2002.

I rand the DCA straight away to find out what it was (another thread) and now I`m wondering if I had not rang them would it just have disappeared off my credit report in March 08 anyway?

[Having_A_Knightmare]

ive got J2 solutions i think chasing me for a CCJ from 1993.

 

They keep calling my neighbour writing to me to see if I live there but I am telling them nout. They cannot prove who I am as I have no link to the address where I got the CCJ.

 

HAK

[The GodMother]

i would advice you cca them and wait. they have 12 working days + 2 days for postage to reply within. If they have not then wait 30 calendar days and they commit a criminal offence.

 

You need to send a £1 postal order and a letter asking for the credit agreement of 1974, Template n in the teplates libary. DONOT sign the letter just type your name.

 

then send it buy recorded or special delivery and wait. they might not reply and if they dont dont worry just post here and get further advice.

 

Chrissi

[pebs]

Thanks!

 

I did come to a payment arrangement the other day to pay £7.50 per week, but I am annoyed as I feel if the warranty I bought was a credit agreement then I was mislead.

To be honest I dont understand how it could be on credit, as at that time I found it impossible to obtain credit!

Shall I cancel the standing order payments and cca them instead or carry on with the payments?

[Oh Boy!]

ive got J2 solutions i think chasing me for a CCJ from 1993.

 

They keep calling my neighbour writing to me to see if I live there but I am telling them nout. They cannot prove who I am as I have no link to the address where I got the CCJ.

 

HAK

 

Thats totally disgraceful, anyone would think that J2 is broke! Tramp company!

 

Sorry to hear that HAK. Keep up the good work

[Having_A_Knightmare]

They are trying to get in touch with me for something and can only assume it was from a CCJ years ago.

 

I like to know how they are going to prove it is me. Even if they prove my name they will not be able to prove it was me living in the house where it was issued years ago.

 

HAK

[PriorityOne]

ive got J2 solutions i think chasing me for a CCJ from 1993.

 

They keep calling my neighbour writing to me to see if I live there but I am telling them nout. They cannot prove who I am as I have no link to the address where I got the CCJ.

 

HAK

 

They would still have to prove the CCJ. There was a thread some time ago on this one from Nannamoon1.... and the DCA LIED !! There was never a CCJ....

[Rahl]

Even if they had a court stamped copy of the original ccj, they would need to show the judge good reason why they did not enforce the ccj in the 6 years. This would normally mean you had ran off and they could not find you in the 6 years. If you have not been hiding , they have let the 6 year expire of their own foolishness, and what judge would permit that ccj enforced ?

[pebs]

If I requested a copy of my credit agreement, but didnt quote consumer credit act etc in the letter does the 12, 30 day rule still apply?

Before I found this forum I sent a letter (recorded delivery) asking for my agreement and have not recieved any reply yet even though letter was signed for by company 27 days ago.

I did ask for a copy to be sent over the phone 3 times and they did say it had been sent twice but "must have got lost in the post" until the 3rd time they told me to put it in writing.

[buzby]

Yes, it still applies - but there's not a lot you can do except complain if they don't. Action for non-compliance is something the regulators can do, consumers cannot.

[pebs]

So what should be my next plan of action if they dont comply with my request?

[pebs]

I have sent an official cca request since, should I just forget about the first letter and go from the date of the 2nd one that contained the statutory fee?

Also would be grateful for some advice if they did not comply with my request please.