Responce to CCA

[asiddle]

Ok people, wonder if you could take a look at this for me. This is the response to my cca for Aktiv Kapital. Would appreciate any advice and how to proceed, as I am sure they have not complied with my request?

AKR001.doc

AKR002.doc

AKR003.doc

AKR004.doc

AKR005.doc

[Thepower]

This is not a CCA

 

NO CCA No DEBT or rather no ENFORCABLE debt :) :)

 

 

welll done...

 

Keep this letter in a safe place, all you need now is a good letter writter to whip you up a nice sod off letter, any takers???????

[asiddle]

Hi All, just another quick question, if they can not supply the CCA am I entitled to reclaim monies paid already?

[asiddle]

Morning to all,

 

Has anyone any further thoughts about this, and possibly a nicely worded letter?

 

Manythanks

[mollyr0x]

I do not think you can try to get back money already paid.

[asiddle]

Ok so what do I need to state to them to insist that they remove the default as they have no grounds to enter it in the first place

[asiddle]

bumping

[Curlyben]

Here you go one "Bogg Off"

 

Edit as needed.

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of hich have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

 

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

 

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

If that request is not satisfied after a further 30 calendar days your client commits a summary criminal offence.

 

These limits have expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

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

 

And

 

(b) If the default continues for one month he commits an offence.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

BLAH

[asiddle]

Many thanks curlyben for this awesome letter. Is there anyway to include anything about having to remove the default?

[conar686]

Ok so what do I need to state to them to insist that they remove the default as they have no grounds to enter it in the first place

 

What you've received already is standard bllx from AK. You can keep sending them paperwork with your views, in the end you'll get a letter stating that this is their final response and please refer the matter to the FOS for arbitration.

 

The ICO will not remove the default as they will deem there was a clear business relationship ergo you must have given your permission/consent at some time.

 

At which point after about 4-6 mths, I suspect that FOS will take their side - they always do and all that remains is to resolve the matter in court.

 

In the meantime stop paying them & report their lack of response to your CCA request to your local trading standards (assuming they are now in criminal default) and depending if TS are good or not will depend whether they launch an investigation or fob you off with one excuse or another.

 

You can follow MoonHawks attempts at getting AK to play in

Have you sent a CCA request to Aktiv Kapital?

BAsically forcing them to take you to court is the only way you can win unless TS pick up the ball.

Sorry if the above is all doom & gloom but at least you don't need to pay them anymore.

Rgds

MAC

[asiddle]

Gents a new little twist has popped up on this which I failed to notice originally. The claimed transfer letter from FNTF to AK states it was given to AK on the 15th December 2004, yet AK had registered default on the 8th December 2004. No default was recorded for FNTF. Court papers for CCJ were issued on the 30/12/04 and CCJ was entered on my credit file on the 01/01/05. Courts deemed papers served on the 04/01/05 and court date was 28/01/05

 

So:

08/12/04 AK registered default

15/12/04 FNTF assign debt to AK

30/12/04 Papers issued by court from AK

01/01/05 Credit file shows CCJ to AK

28/01/05 Court hearing date and judgement to AK

 

Surely I have some way of sorting this out and getting the default removed. Especially now I have sent the courts baliffs in to collect my funds. Any advice as always much appreciated and a letter would be pretty good also.

 

Thanks in advance

[asiddle]

can anyone help with this?