aktiv cannot supply credit agreement quoting laws now what help plzzz

[slimliz30]

hi recieved a letter today after about 6 months requesting a copy from aktiv for my credit agreement..they bought it from capital one and now they are saying they cannot supply it...there is a 50% offer to pay if i pay within 3 weeks i will try to attach a copy here if not can sent via email....any advise or emtplates please..thanks paul

[Coasters]

Sounds like the debt is not enforceable and they know it? The pic is a little small though. Remember to blank out all account numbers and name/address etc..

[ScarletPimpernel]

The image is too small to read. Presumably, however, the letter says they can't supply the agreement, and then goes on to spout a lot of yesbutnobut bolleaux about how they have plenty of evidence that you used the card/loan/money, or that you acknowledged the debt by being born on a Thursday, or that they aren't the creditor anyway or some such dogtoffee.

 

It's all nonsense, and they know it. No agreement means that the debt is unenforceable.

 

You can now either ignore it, or send them a letter telling them to bog off because they've failed to comply with your request for a copy agreement.

[slimliz30]

hi yes sorry about picture not sure how to add it larger.... advice will be helpful..sounds good though thought they could not enforce it..thanks paul

[slimliz30]

hi hope this works

[djdave]

Best bet is start an account at Photobucket, upload your scans there and provide us with links.

 

As already said, it no CCA = no enforcable debt

[slimliz30]

right fed up with photo..the letter says...

 

We have tried to obtain the copies of original documents on your behalf but unfortuantely we have been informed by the selling bank that these cannot be retreived from archives...

 

The credit services assoc.,of which this company is a member,advises in its guidelines that the debt sale process can be complex.However it states that members of the Association are to deal with requests under section 77 ( 1 ) as though they were the originating creditor,in so far as they are able to.The CSA states that it is up to each member on an individual gasis to decide how far to comply with the act.It is the decision of this group to seek to adhere to the provisions of the Consume Credit Act as much as possible,but we have not inherited the liabilities of the original creditor ( citi financial ),for instance having to provide a copy of the original agreement...

 

We did not provide you with the original credit facility,We purchased your outsatnding debt balance and the right to collect the that balance.We did not purchase the documents;consequently there is not an obligation to provide you with any copies.When accounts are legally assigned,we do not purchase the liabilities of the original creditors.

 

However,as a matter of good practice,we have tried to obtain copies from the original credit grantor.As we have previuosly stated,these are not available.

 

Entirely without prejudice,we would be prepared to accept 50% of total as full and final settlement of the account...blah blah you have 3 weeks to respond..

 

this is what is written in the document..sorry about the photo..and thanks again..paul

[djdave]

I'll translate for you

Dear slimliz,

 

We've dropped a clanger here, as we didn't check the alleged debt was enforcable when we started collecting it.

 

Never mind, our old boys' network says we can ignore the law as most debtors are ignorant and pay up anyway if you threaten them enough.

 

Therefore we assume that you are so stupid that you'll pay us 50% and we'll cut our losses. Let's just hope you're not a member of CAG, eh?

 

You have three weeks to respond, otherwise we're stuffed.

 

Better?

[slimliz30]

who hoo sounds good to me..thanks dave...

[PriorityOne]

We have tried to obtain the copies of original documents on your behalf but unfortuantely we have been informed by the selling bank that these cannot be retreived from archives...

 

 

Don't ya just love it when they're stupid enough to put in in writing ? File this one away forever just in case some other muppets raise their heads later on down the track....

 

[Curlyben]

Oh dear, so sad.

Well No CCA = No Enforceable debt.

So AK can whistle.

 

Here's a nice little letter for them:

 

Account In Dispute

 

Dear Sir/Madam,

I refer to my recent correspondence with your company concerning this alleged debt, copies of which are enclosed for your perusal and ease of reference.

As **DCA** have failed to comply with my Consumer Credit Act request and admitted that the alleged signed executed agreement is unavailable, enforcement action is impossible under section 127 (3) of the Act.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, Your company commit an offence. These time limits expired on XXXXXXXX and XXXXXXXX respectively.

 

As you are no doubt aware subsection (6) states:

 

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; and

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

 

Therefore as at XXXXXXXX this account became unenforceable at law and it is now my intention to refer this matter to the enforcement authorities.

 

If **DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

It is also my belief that your continued pursuance of this matter also constitutes an

offence under Section 40 of the Administration of Justice Act 1970.

 

Failure to respond favourably to this letter within seven (7) days of receipt will result in immediate litigation being commenced against your company without further notice.

I also require a copy of your internal complaints procedure as further action may be necessary.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours Faithfully

[conar686]

Best bet is start an account at Photobucket, upload your scans there and provide us with links.

 

As already said, it no CCA = no enforcable debt

 

Image hosting, free photo sharing & video sharing at Photobucket

 

Like Dave said, use one of Curlys famous bog off letters

[slimliz30]

this is what i love about this site so many great people who know the inside out of laws...looks like i will send them the letter from curlyben ( thanks ) and will keep you all updated...true they are muppets for putting in writing heh heh..thanks paul

[ODC]

Seem unusual that they did not try the old Law of Property 1925 ploy.

 

Still they have diddly squat they know it and now you know it and you will be able to tell them you know it. Looks like they may have to change their name to INActiv

[slimliz30]

curlybens's letter is now in the post..will let you know there answer...again thanks all...

[slimliz30]

hi all recieved the complaints procedure form from AKTIV and a covering letter..do i have to act or still just wait...thanks

[ODC]

You have to make an official complaint.

[slimliz30]

thank you but not sure how and a letter from curlyben will be great..thanks again

[Curlyben]

Slim, try this on for size.

 

Formal Complaint.

Dear Sir/Madam,

 

With reference to my previous letters, and in accordance with your complaints procedure, I wish to draw you attention to your company's lack of compliance with my legal request.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8.

You have failed to comply with request, and as such the account entered default on **DATE**.

 

As you may not be aware , failure to comply with this request within 12 working days renders the alleged debt UNENFORCEABLE in law. Furthermore, if this non-compliance continues for a further month then a summary, criminal offence is committed.

 

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.

 

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

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

* may not pass the account to a third party.

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

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

 

Therefore this account has become unenforceable at law.

 

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

 

After taking advice, I am of the opinion that your continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines.

 

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 hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I await your rapid response.

That should do the trick.

[slimliz30]

thank you curlyben..knew you would come up with the perfect letter...now in a envelope and posting in the morning..thanks again paul