default.... aktiv kapital

[postggj]

hi pebs not welcome is it

[pebs]

Yes, I checked my copy of 1st letter sent this morning and it was pretty much a cca request but without stat fee and mentioning consumer act.

I did send an official one last week but was wondering why they had not even acknowledged my 1st letter....it has been signed for, I checked on the royal mail site.

[postggj]

like i said welcome will refute everthing ,take nothing for granted.

[postggj]

quick point pebs

when u get your sar, let me know if they produce a copy of the ppi document and policy number. never received mine. think something funny hear

[pebs]

I didnt get ppi on my agreement only shortfall insurance and admin fee.

Are trading standards helping you or have you got a solicitor?

[postggj]

like i said pebs i have all ready won my case, ref wilson case.

just waiting for welcome to settle.

me thinks big ppi fraud going on. cant say to much, keep you posted

[pebs]

yes let me know when you`ve heard something.

[pebs]

Sorry I know there is probably one somewhere on this site but can anyone help with a template for a CCA request to a DCA please

[blitz]

took me about an hour to find the other day

(please can someone make the CCA request template easier maybe out all the letters into their own post+forum)

Anyways:

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html (Letter N)

Might help:

http://www.consumeractiongroup.co.uk/forum/general-debt/83035-guidelines-requests-original-agreement.html

[pebs]

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?

[pebs]

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

[diskmandave]

The cca states the amount of credit was £80 at 0%apr and aktiv are claiming I owe £177.

Even if there's a contractual provision for interest after default, it's 0% !!

 

Bet your bottom dollar that there are charges added that are unenforceable. Ask Aktiv for a full breakdown of all credits and debits to the account.

 

If as you state you're happy to settle the original debt, make an offer to Aktiv that would reflect the debt being paid in full... ie, offer the £80 on condition that it's in full settlement and insist on that in writing before paying anything.

 

Best, Dave.

 

If my post was helpful don't forget to click the scales!

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--

[tomterm8]

Even if there's a contractual provision for interest after default, it's 0% !!

 

Best, Dave.

--

 

You've got to be a little careful with some of these 0% offers, sometimes they are weasley, and include a section in the terms and conditions allowing the interest rate to vary. Not sure how enforceable these terms actually are, though.

[pebs]

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

[pebs]

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!

[NailPost]

If they did not default you then they should not be reporting that to the credit agencies. If they are then they should remove the default. Should they ignore or refuse to do so you have grounds to make a complaint to the Information Commissioner.

 

Before making an offer to Aktiv I would insist on a breakdown of charges added to the account and would insist on a deed of assignment being prodced showing they have the right to collect.

 

You should also bear in mind that if Aktiv have bought the debt they would not have paid anything like £80 for it - probably less than 50%, possibly less than 25%. If I was making an offer I would start at something around £20.

[pebs]

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

[pebs]

Bump!

[pebs]

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

[pebs]

[pebs]

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.

[NailPost]

Contact the Info Commissioner with a view to making a complaint about these jokers.

 

I wouldn't pay a penny until you have something in writing from an empoyee you can identify.

[pebs]

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:)

[pebs]

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.

[asiddle]

This is exactly the same poo I had from them and I have a court order removing judgement. Go straight to the commissioner