GE first national tricity Kwickfit Credit Card debt

[odds]

Hi MD

 

You could try sending them(Aktiv) something along the line of the letter used here http://www.consumeractiongroup.co.uk/forum/show-post/post-1482539.html

 

Just amend it to suit your needs.

 

Pete.

[maroondevo52]

Hi, Moneydragon.

 

Is this the letter you mean ?

 

ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2007.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

If **New 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.

After taking advice, I am of the opinion that any 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 hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully

 

 

Remember, print your name, don't sign.

 

 

Regards.

 

Scott.

[moneydragon]

Odds & maroondevo

 

Thankyou both - just the ticket will post it off.

 

md:)

 

I have just been going through my paperwork and can not find if I infact ccad GE Capital however I did cca Moorcroft and as previously mention they were unable to supply copy from their client and returned the debt .

 

Do I have to send a cca to GE or the fact that I sent one to their agents still suffice?

[moneydragon]

I have received this response after sending Aktiv Crapital a reply stating that my cca request had not been fulfilled and remained in despute:

 

In response to your request for information, please note that we are not the original creditor nor did we provide you with the original credit facility.

 

We purchase the 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 the actual Agreement, consequently we have no obligation to provide you with a copy of that agreement.

 

However, as a matter of good practice, we have tried to obtain a copy of the original agreement from the original creditor and they have now advised that this is not available.

 

As you are not specifically denying that you have any knowledge of this debt, nor are you specifically denying that you are liable for the debt, there is no reason why our debt collection activities against you should be suspended as you have previously made payment on this account.

 

We are the legal owner of the account and your liability is now to us in respect of repaying the outstanding balance that was purchased by this group companies.

 

Please not we have legally owned your account since June 2005 therefore, we are not in any breaches as we outsourced the above account to Moorcroft to collect on our behalf.

 

Unless we hear from you by telephone on 01244 500656 or in writing to the address shown above within seven days from the date of this letter, setting out any reasons for disputing the account or reasons for non-payment, the matter will be passed back to our collections division for further action.

 

It is therefore in your best interest to agree an instalment arrangement with us, or discuss terms of settlement (we may give your client a substantial discount on the original balance for early payment), within the next 10 days.

 

What do I say to this??

 

[questioning]

Hi there,

I cannot advise you but I think this letter you have received is total Dogs droppings.

I'm sure you will get some strong advice soon,

[maroondevo52]

No CCA, No enforceable Debt, simple as.

[moneydragon]

Hi

 

Thanks questioning and maroondevo anyone what I should send back to crapital.

 

I know how to reply re no cca then not enforceable bit but re their comments:

 

As you are not specifically denying that you have any knowledge of this debt, nor are you specifically denying that you are liable for the debt, there is no reason why our debt collection activities against you should be suspended as you have previously made payment on this account.

 

Please not we have legally owned your account since June 2005 therefore, we are not in any breaches as we outsourced the above account to Moorcroft to collect on our behalf.

 

Help what do I need to say to these comments?

[maroondevo52]

Hi, Moneydragon.

 

I would'nt say anything, see what they come back with.

If there is no CCA there is no enforcable debt, so there is no way they will take you to court.

 

 

Regards.

 

Scott.

[questioning]

This letter is just trying it on, Trying to scare you into paying them,

I'm sure you included the words

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR YOUR CLIENT. in your letter requesting CCA .

The debt is in dispute & they know it, just a scare tactic.

If you read all the threads like this one you can see it doesn't matter that you have been paying them,

[moneydragon]

Thanks maroondevo and questioning

 

Perhaps I am panicking too much.

 

Yes I did say " I do not acknowledge any debt to you" but as they point out they have owned the debt since 2005 (though I have not received a deed of assignment until 24.4.08 informing me that they legally owned the debt) and that Moorcroft only collected what I had been paying.

 

Totally confused:confused: md

[questioning]

They are wrong in there letter saying they don't need the agreement, Its there fault that they purchased it with out.

I have had a response from Cabot saying they do not have to produce the CCA but of course they then go on to say that with Good Will they will get it.

Yes they can pursue you for the debt and they can hassle you & chase you BUT It cannot be enforced in court!

 

There for I would ignore them & see what happens, I wouldn't waste the postage.

You have asked them to produce the cca & they can't.

They are hoping you will give in under pressure, thats all.

I know its easy for others to say, but if you read other threads you'll see the outcome to no CCA.

I wouldn't worry, they will probably just pass it on to another idiot company to have ago.

 

your cca went to there agent who was dealing with it at the time. so that is good enough, Its there own fault if they want to mislead you so you don't know who owns it.

Your cca to moorecroft put the account in dispute.

They cannot produce the cca they have given it back to the owner.

[moneydragon]

Thanks questioning, I feel a lot more confident now

 

md:)

[questioning]

Thanks questioning, I feel a lot more confident now

 

md:)

Thats good MD

Don't let it get you down,

Happy week end to you and keep this thread updated.

Sometimes thats all you need is a confidence boost.

I have posted before when really deep down I new the answer but just needed a few people to confirm this for me,

[moneydragon]

Hi all

 

I have received today the following from Aftiv Crapital:

 

As we have not received a response to our previous letter, we now urgently require your proposals for payment of this account, along with a first instalment by return.

 

Our preferre method of payment is to set up a direct debit to ensure automatic deduction from your bank account (see over for details)

 

Failure to act will result in further action being taken, which could, following a county court judgment include attending court for questioning as to your means, this could mean your appearance under oath/affirmation before a judge.

 

DO NOT IGNORE THIS LETTER AS YOUR ABILITY TO OBTAIN CREDIT IN THE FUTURE MAY BE SERIOUSLY AFFECTED.

 

We at Aktiv Crapital specialise in and preder out of court settlement and will deal directly with you in a straight forward, upfront, but polite and understanding way. (what a load of b******ks)

 

As I stated earlier this was passed to moorcroft by Crapital I sent moorcroft a cca request and they failed to provide. Moorcroft returned it to Crapital and I have since started to receive letters from them to which I have ignorned.

 

Do I need to cca moorcroft or what do I need to send Crapital to get them off my back.

 

md:)

 

Can someone please advise as I am totally confused what I should be sending Aktiv in reply.

 

md:confused:

[maroondevo52]

Hi, md.

 

There is a CCA non-complience letter you could send...............

 

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which 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

 

**Edit to suit**

 

Remember, print your name, don't sign.

Send it recorded.

 

 

 

Regards.

 

Scott.

[moneydragon]

hiya scott

 

Thanks that's great, just one question as this is where I am confused.

 

I sent my original cca request to Moorcroft who were acting on behalf of crapital and as moorcroft could not supply they sent it back to crapital. Crapital have now taken it up to chase me. Do I just edit it that cca was sent to moorcroft and that it is still in dispute?

 

Sorry if I am sounding really thick, but as say this process is confusing the hell out of me:)

[maroondevo52]

Yes, think that's the way to go.

[pookeymonkey]

We at Aktiv Crapital specialise in and preder out of court settlement and will deal directly with you in a straight forward, upfront, but polite and understanding way. (what a load of b******ks)

 

Love the above extract from your letter from Aktiv Crapital!!

 

They specialise in out of court settlements as this is all they can do without a valid CCA.

 

Just remember they are a Sheep dressed in Wolfs clothing!!!

Edited May 24, 2008 by pookeymonkey
spelling tut tut!

[moneydragon]

Hi AK have reared their ugly heads again toady with the following:

 

previous correspondence regarding the above account refers.

 

Please note that AK have not received a formal request for information, with the statutory fee, under the consumer credit act 1974 for the above account. (that's because I sent it to Moorcroft)

We would also point out that we are not the original creditor nor did we provide you the original credit facility.

 

We purchased your outstanding debt balance and right to collect that balance ( bit like buying a house without the deeds) 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 have tried to obtain a copy of the original agrrement from the original creditor and they have now advised that it is not available. (admission so you can swivel)

 

In the meantime there is no reason why our debt collection activities against you should be suspended as you have previously made payments on this account (yes but that was before this great site and before I realised that you had no legal right) therefore admitting liability.

 

We have enclosed a payment history for your records ( good that has saved me a job if I decide to sue them for repayment of was not theirs legally to take).

We are the leagl owners of your account and you liability is now to us in respect of repaying the outstanding balance that was purchased by this Group of Companies.

 

It is therefore in your best interest to agree an instalment arrangement with us or discuss terms for settlement (we may give you a substantial discount on the original balance for early payment) within the next 10 days.

 

I sent AK the letter as per post 21 back in May anyone what can I send ( apart from a huge sack of manure) to get these muppets off my back for good?

 

MD:)

[maroondevo52]

Hi, MD.

 

I think the only way to get shot of them for good is to try and sort out some full and final offer.

 

As they say (we may give you a substantial discount on the original balance for early payment) within the next 10 days.

 

Here's a wee quote I have seen about

 

If after requesting a true copy of a signed credit agreement the creditor fails to produce it, it does not mean that the debt does not exist, because at the end of the day the debtor spent the money and therefore they owe it and need to pay it back The debtor may now however be in a good position to make a full and final offer to clear the debt.

 

Sticks in the throat a bit.

 

Regards.

 

Scott.

[moneydragon]

Hi Scott

 

Glad to see you are still around.

 

Whilst I accept what you are saying and the outhstanding balance is only £220, I am however some what stubbon.

 

Do they have a legal right to persue me throught the courts or will they every now and then just pester me?

 

Yes I may owe this, there may of been charges also added, but as it has been passed on and on 4 times from the original owner I dont know where to start.

 

So I can cope with every few months writing back telling them where to get off. If that is all I have to do:)

[maroondevo52]

MD, I'm in the same boat with Cabot

 

I've not got enough cash to make a 'full and final' so like you, I'm just putting up with it for now

[moneydragon]

So what can I send them to get off my back for the time being:)

 

Hi All

 

I have been thinking this over, the original creditor GE passed onto Fleetwood then onto Moorcroft who I cca'd and they then passed back to GE who according to Ak bought the outstanding debt from GE.

 

I have not cca'd AK but then I should not as I previously sent to Moorcroft. AK have admitted they have NO credit agreement and they have not even provided notice of assignment.

 

So what legal right do AK have to persue me?

 

I have already sent AK the bog off letter which is in an earlier post but they still dont give up - any advice what I can send to them now.

 

Confused:confused:

[moneydragon]

Hi All

 

Have received the following today fro AK:

 

END OF YEAR OFFER

We understand that you may find it difficult to raise the money to clear your debt of ****

So here at Atkiv Kapital we have a fantastic offer to help you.

Simply pay *** and receive a letter confirming your account is paid in full.

We will even accept two equal amounts of *** in November and *** in December 2008.

This debt needs repaying and many of our customers have their records held at the Credit Bureaux and we in turn will adise them that your debt is settled.

We have several payment methods available etc.

They certainly are not giving up but they still have not supplied me with a current credit agreement or notice of assignment - so do they even have the right to make such offers?

 

md:)

[moneydragon]

Hi

 

These people are very thick skined or just thick!

 

I checked my file with cra and note that they have entered a default. So I complained to cra and they have put a note on the file. I also sent them a letter stating they had no right to produce my data and to remove the default.

 

So toady I received a letter stating that as I paid the account previously it proves my admission of liability and that they advised me previously that due to the age of my account no documentation is available. So pay up.

 

So fed up of going around in circles is it now time to report them to oft?

 

md:(

 

Hi

 

I have now completed my complaint to oft. Does anyone know if I can e-mail this over or does it have to be post?

 

Thanks

:)md

 

Update

 

I have today received correspondence fro AK offering to clear my account by paying £30. "When payment has cleared we will send you a paid in full letter,where appropiate, we will also update you credit file and of course this may improve your prospect of obtaining future credit".

Prior to this I sent AK a letter asking them to remove the default from my cra record as they had to leagl right to enter data due to non compliance of my cca request and have reported this to oft and await instructions from them.

 

To bring closure I thought of excepting this offer but with the following conditions that before any payment is made they must gaurantee total removal of the default from my record in writing. I was going to put this in writing "without prejudice" to them.

 

Any advice as I am a cross roads and dont know which turn to take!

 

md:confused:

Edited March 6, 2009 by moneydragon