Student Overdraft / Aktiv Capitol

[babybear39]

They have to sign for them. It often takes over a week for the sigs. to show up on the website, unless they bulk signed for them.

[jpf104]

Royal mail track and trace 08457 740740 option 4 will get you through to a real person. Request that they contact the delivery office for proof of signature if you can't get it from the website.

If no signature exists they will write to you confirming that the item was in fact delivered. Tell them that you require proof as the document in question were 'Legal papers'. I've done this with AK and others.

I tend to send documents that I may need to rely on in possible court action Special Delivery - they are tracked from each delivery point on computer - its expnsive £4.50+ but I always get proof of delivery.

[callmeBadger]

Today is day 12 from when AK signed for the the CCA request. I'll be expecting nothing on my door mat when I get home from work so I have the CCA letter all typed up and ready to go in the post already.

 

If I'm quick I should be able to catch the evennig post, I'll copy my letter in here when it goes but don't want to get to far ahead of myself.

 

At present I've not heard anything from LTSB they signed for the SAR on the 5th June but I've not heard a peep from them. What is the time limit on SAR's, and does this mean anything if they miss the target other than I'll be needing to send them another letter telling them they missed the deadline.

[42man]

They have to provide your SAR within 40 days, if they don't you have to write to remind them, and they have to respond within 14 days of that....if you don't hear from them that is when you should complain to the ICO, normally you are compensated if it gets to the IOC....

 

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/subject_access_-_guide_for_data_subjects.pdf

[callmeBadger]

I got home and big surprise, nothing interesting in the post. So this is what I've just got together and it will be in the post at lunch time. Recrded delivery of course.

 

My Address

My Road

My Town

Aktiv Kapital (UK) Ltd

Merchants House

Hamilton Place

Chester

CH1 2BE

June 18th 2008

Ref: Account No. 987654321 LTSB Account QWERTYUIOP1 (not actual account numbers)

I refer to your letter dated 9th June 2008, which was delivered to me on 11th June 2008, the contents of which are noted.

However, I must point out that as of the date of this letter, you have thus far failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account, and by continuing to demand payment, you are in breach of the Office of Fair Trading guidelines on debt collection.

My request for a true copy of the original Consumer Credit Agreement for the above account was issued to you on 4th June 2008 and was received and signed for by a member of your staff on 5th June 2008. Furthermore, I have obtained an electronic proof of delivery showing the name and signature of the recipient. In this request, I made a formal request for a copy of the signed, executed credit agreement for the above numbered account under section 78(1) of the Consumer Credit Act. In addition a statement of my account was to be sent along with any other document mentioned in the credit agreement. This request was accompanied by Postal Order.

Again, you are reminded that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit a summary criminal offence. For your reference, the original 12 day deadline expired on 17th June 2008, with the extended deadline due to expire on 17th July 2008.

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under Section 127(3) of the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This situation is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the Consumer Credit Act 1974 the agreement cannot be enforced.

The limits for supplying a true, signed copy of the Consumer Credit Agreement relating to the alleged debt will expire on 17th July 2008, after which you commit an offence and unless you can produce a true, signed copy of the agreement, the alleged debt becomes unenforceable at law.

As you are no doubt aware section 77(6) of the Consumer Credit Act 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.

Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agencies (or any third party).

To register information with a credit reference agency, you must have written consent from the data subject to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this. Furthermore, this letter provides 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.

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office.

Should you now persist with threats of legal action as stated in your letter, I will welcome the opportunity for a judge to look at several offences committed by Aktiv Capitol (UK) Ltd under The Consumer Credit Act, 1974, as well as your non-compliance with and total disregard for the law on this occasion.

You now have 14 days from receiving this letter to contact me with your intentions to resolve this matter which should now be considered as a formal complaint, otherwise your conduct and that of your client will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards, alongside any other regulatory bodies as deemed appropriate. Any investigation undertaken by them may affect your ability to hold a consumer credit license in the future.

To sum up, I will not be making any payments to you until you provide me with the complete documentation I have requested. Should you not have any signed credit agreement in relation to this alleged debt, you must confirm this in writing to me.

No further correspondence will be entered into until the required documentation has been produced to my satisfaction and is legally acceptable.

I would appreciate your due diligence in this matter and look forward to your reply.

Yours faithfully

callmeBadger

[/Quote]

So they have 12days to tell me what they are up to. 21 days to remove credit report comments they have added and 30 days before they break the law in not supplying a signed CCA.

This letter was taken in most from another post in these forums and just edited for my purpose. I can't remember who origionally wrote it but my thanks go to them.

[jpf104]

Looks good to me.

 

It just a waiting game now!

[callmeBadger]

Yesterday morning I had the following rely back from Thames.

 

REF Number: refference number

Letter Ref: CRQ2

Contact us on: 0800 111 4014

 

 

Mon-Thu 8.30am-5.00pm

Fri 8.30am-4.30pm

 

 

 

CRQ2

09/06/08

 

 

Dear Sir

 

 

RE: Agreement Number: 987654321 Lloyds TSB Bank Ltd (Not real agrement Number)

Outstanding Balance: £2,432.31

 

 

Further to our recent correspondance in connection with the above referenced matter, we note that we have not recieved a response.

 

We are endeavouring to resolve the issue that you have raised, but require further information from you in order to do so.

 

Wothout your assistance, we will not be able to resolve this matter as efficiently as either of us would wish.

 

We would therefore request that you contact our specialist team on the freephone number, who will be able to assist in resolving this matter.

 

We look forward to recieving your response as soon as possible, so please telephone us on 0800 111 4014.

 

 

Yours faitfully,

 

 

THAMES CREDIT LIMITED

[/Quote]

 

Is it likely that they are actually missing information that they need? THey have the old account number from LTSB and keep quoting that on all correspondance, also they seem to have all the infomration on me to update my credit file so is this just them fishing for a phone number so they can start calling to pester me?

 

Is it worth a letter saying that if they want any information they should address these questions in writing to me, or just leave it for them to fulfill me CCA request, which they don't seem to be making processing to quickly.

 

Any advice appreciated as always.

[babybear39]

They have enough info. If you want, remind them in a letter that they have been willing to correspond with you at your address using the info they have already and that you expect your SAR to be fully complied with within the prescribed 40 days. DO NOT PHONE THEM.

[Allwood]

The cheek of them they actually want you to prove to them that you own a debt, surely they should not be sending out requests for money if they have not proof that you own it to them.

[babybear39]

The cheek of them they actually want you to prove to them that you own a debt, surely they should not be sending out requests for money if they have not proof that you own it to them.

 

It's eactly what thames credit did to poor Mrs Brazier

 

AK own thames and operate in the same way

 

They don't care if you're the debtor or not, they just keep hounding

[callmeBadger]

It's eactly what thames credit did to poor Mrs Brazier

 

AK own thames and operate in the same way

 

They don't care if you're the debtor or not, they just keep hounding

 

 

I've just found the description of events in regards to this. After the their conduct in that case how can they still hold a credit license?

[babybear39]

Because the bloody OFT won't act

[Mrs_Ryan]

Dont know if this is any help, but Im fairly sure that they wont have any sort of documentation for your account... 1st Credit got hold of my LTSB student account from 2002 and they admitted they had diddly squat so i have a feeling yours will be the same!!!

 

I sent them a letter asking for the original document used when I opened the account, as advised somewhere on here (cant remember where) which I knew fine well they probably wouldnt have, and surprise surprise they didnt... this displeased 1st Credit greatly... oh dear

 

LTSB tend to be quite slow in their responses, or just dont bother responding at all in my experience... keep on at them as it seems that will be the only way you will get anywhere.... seems that once its off their hands they dont really want to know. And whats more, dont be afraid to complain if you have to.... I got the FOS onto 1st Credit and I even got a response from the OFT about it.... but I know what you mean about thames, Ive never had the pleasure of dealing with them but I think there should be some sort of catergory under corporate manslaughter to allow DCA's to be charged with this if they drive someone to suicide as 1st Credit probably would have if I hadnt found CAG!!!!!!!

 

Good luck, keep us posted!!

 

Mrs R xx

[babybear39]

thames credit (ak) did

[callmeBadger]

Nice letter, I think, arrived today from LTSB, details below,

 

Lloyds TSB Bank Plc

Copy Statement Unit

Swallow House

10 Swallow Street

Birmingham

BX1 1LT

 

20 06 08

Strictly Private and Confidential

 

MR callmeBadger

My Place

My Street

My Town

 

Reference Number: XXXXX XXXXX XXX

Dear Sir

 

Your request for information under the Data Protection Act 1998.

 

Thank you for contacting Lloyds TSB Bank plc requesting details of your bank charges.

 

We will be pleased to provide this information on your account.

 

Regrettably, as your account is now closed and the address you are providing is different from the one last held on our records, I am unable to send the information to this new address as this may compomise the security of your data. However, I shall be happy to forward the information to a Lloyds TSB branch of your choice where you will be able to collect it upon provision of suitable proof of identity incorporating a photo, such as a passport or driving license. Please let me know which Lloyds TSB branch you wish to use and I will make the arrangements and then advise you of the date on which the information will be ready for collection.

 

I look forward to hearing from you soon.

 

Yours sincerely,

 

Squiggle

 

Copy Statement Unit

 

 

The Branch I Wish to collect my statement from:

............................................

............................................

............................................

 

Telephone number to advise ready for collection .............

 

 

[/Quote]

 

(Italic text above was was handwritten)

 

Also included was my SAR letter I sent to them with with a nice stamp mark on it saying recieved 6 June 2008 and a signature over the stamp mark. A couple of other bits of writing where it looks like someone had made notes about different address and AD Close written on a nice marker pen at the bottom. Also stappled to the two letters was the postal order that I sent to them, also an addressed and franked (first class) return envelope.

 

So as my main complaint is with AK / Thames, I was planning to tell them the local branch where I can collect the documents from. As AK / Thames don't have my phone number at present, should I worry about giving LTSB a mobile number? If I wrote that I did not want this number to be distributed to third parties without fist my consent would that stop them?

 

Do I send the postal order back with the documents as well? I plan to photocopying both letters and keeping the origionals for my records.

[babybear39]

Giving them a telephone number is not needed as they can write to advise collection.

 

Everything else is fine, go ahead with that.

[callmeBadger]

Hi, me again. well I've had a busy few weeks, moved house to a s****y new place and all going well, except this damn Thames Credit farce.

 

I have another letter, much the same as the last, letter is copied below. This arrived on the 11th July so the 30 days non-compliance period is now up.

 

Thames Credit Limited

 

 

REF Number: refference number

Letter Ref: CRQ3

Contact us on: 0800 111 4014

 

 

Mon-Thu 8.30am-5.00pm

Fri 8.30am-4.30pm

 

 

 

CRQ3

11/07/08

 

 

Dear Sir

 

 

RE: Agreement Number: 987654321 Lloyds TSB Bank Ltd (Not real agrement Number)

Outstanding Balance: £2,432.31

 

Further to your recent correspondence in connection with the above referenced matter.

 

We must now inform you that we are unable to comply with your request due to not having the required information to do so.

 

we would still be happy to assist in your request but need to confirm some information in relation this account, without this information we are unable to comply.

 

We would ask you to contact this office without prejudice within 7 days in order for us to obtain the required information.

 

We look forward to receiving your response as soon as possible, so please telephone us on 0800 111 4014.

 

Yours Faithfully

 

Thames Credit Limited.

[/Quote]

 

So, Thames credit are still claiming they need more information, yet still processing my record. Is this a normal method for Thames just to try to get you on the phone? I know I'm not planning to phone them, and they have failed to supply me with a signed credit agreement and they have had over two months.

 

Any advice appreciated as always.

 

Badger.

[jpf104]

What a load of brolacks! They require NO further information to get a CCA or any other document or information you have requested.

 

As this account was a balance purchase they are an equitable assignee.

They won't have access to LLoyds records, and Lloyds won't be in the slightest bit interested in Aktiv.

 

They know they can't sue you (in their own name).

 

This is a fishing trip by Aktiv and they'll try to get you to "settle" for a 'reduced' payment.

Don't do it - this is virtually game over for them - and they know it!!

 

Stick to you timetable - and when they go into default tell them to stick it.

Keep us posted so we can give you guidance on your next move.

[callmeBadger]

So It's been a while now and I've not heard a peep from Thames / Aktiv. In my previous letter to them dated 18/06/08 the deadlines I specified, and were supported by the appropriate laws and such were as below.

 

17th June 2008 - 12 Day CCA request expired (from origional CCA request sent on 4/6/08 )

3rd July 2008 - 14 days to explain intended course of action.

10th July 2008 - 21 day Deadline for removing / explaining the Credit Refference removal (Supported by Data protection Act, no explanation recieved.

17th July 2008 - 30 Extended period expired, they have now committed a Summary Criminal Offence.

 

Every request I made in my letter dated 18/06/08 has been missed / ignored. So does anyone suggest what my next course of action is?

 

I believe I write a Letter to Thames / Aktiv stated that this is a formal complaint and then outline which laws they have broken, detail the actions I wish them to perform to resolve this matter. I also write to Trading Standards, the Office of Fairtrading and the Information Commissioners Office.

 

Is this correct and does anyone have any templates I can use. In my letters to the OFT and trading standards, do I send them copies of all my letters to them and their replies so they can view the full case or just a letter of complaint?

 

Any advice appreciated. Also is it worth writing to credit refference agencies and ask them to either remove the default, or can i get a comment added to it saying that this is unlawful and being investigated.

 

Regards

 

Badger.

Edited July 31, 2008 by callmeBadger
Not sure how a smiley got onto the message.

[babybear39]

The summary criminal offence has been negated by the CPUTR 2008.

 

All your other suggestions for action are correct and you should push TS to act using the CPUTR 2008.

 

You can start your complaints to TS and the OFT via this site:

 

Trading Standards Central - Trading Standards and Consumer Protection information for the UK

[callmeBadger]

So I've had enough waiting for nothing to really happen so I've started the complaints prcess with Tradings Standards, information commissioner and reported them the the FSO. Also as a last ditch curtesy this is what I'm about to send, notifying them of my current actions.

 

Any thoughts? I've not figured out how to get MP involved in this yet but I'll figure that out later this afternoon.

 

XX My new House

Same Old Town

Same County

Blah Blah Number Number Blah

Aktiv Kapital (UK) Ltd

Merchants House

Hamilton Place

Chester

CH1 2BE

August 6th 2008

Ref: Account No. ABC123DEF456 Lloyds TSB Account Number 12345678901

Please take note the change of address, all future correspondence for this matter needs sending directly to this new location.

I take note of your letter sent to me on 11th July 2008 REF: CRQ3

“We must now inform you that we are unable to comply with your request due to not having the required information to do so.”

Am I to take this as an admission that you are unable to provide me with a true signed copy of the Executed Credit Agreement? If so than I must point out that under Section 10 of the Data Protection Act, Aktiv Kapital (UK) Ltd are breaking the Law and continuing to do so by retaining and processing my data also by passing this information onto third parties, in this case Credit Reference Agency’s, without my consent.

Within my letter dated 18thn June 2008 I requested a removal of all information regarding this account from your own internal records and from my records with any Credit Reference Agency, should you refuse to comply, you must within 21 days provide me with a breakdown of the reasoning behind continuing to process my data. As I have not received any justification explaining otherwise, I take this as a commitment to perform the requested task. I now require confirmation of this action and further confirmation upon action completion.

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998.

In your letters dated 9th June 2008 REF: CRQ2 and also letter dated 11th June 2008 REF: CRQ3 . It was requested that I make contact with your company via telephone. I am puzzled as to why despite earlier instructions contained in my letter to you dated 4th June 2008 you are requesting me to contact yourselves via telephone when I expressly stated that all dialogue will only take place via written correspondence.

I will only communicate with yourselves via written communication and recorded delivery, I ask what information you could possible still seek from me when I have provided your reference number and the original account number with Lloyds TSB that this alleged debt refers to.

I find it somewhat strange that Aktiv Kapital (UK) Ltd have enough information to place libellous comments on my credit file, but still have insufficient information to supply me with the documentation to show they have the legal right to do so.

I refer to my letter dated 18th June 2008 which was delivered via Recorded Delivery to your offices on 19th June 2008.

 

You have failed to acknowledge this request in any way, whether by confirmation of receipt of the letter or by supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account.

 

In my letters of the 4th June 2008 and 18th June 2008 I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account from the time Aktiv Kapital (UK) Ltd purchased this account, along with any other documents mentioned in the credit agreement.

 

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

 

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 17th June 2008 and 17th July 2008 respectively.

 

As you are no doubt aware, Section 78(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 on 17th June 2008 this account became unenforceable at law and no further payment will be made by myself to the account, as you have failed to comply with a request for a true signed copy of the said agreement, and other relevant documents mentioned in it, and failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, I do not acknowledge any debt to Aktiv Kapital (UK) Ltd.

 

I require the following action from Aktiv Kapital (UK) Ltd:

 

1. All payments made to date to Aktiv Kapital (UK) Ltd for this account should be refunded in full, including interest at the rate of 8% per annum.

 

2. Removal of all defaults entered by Aktiv Kapital (UK) Ltd and held by all Credit Reference Agency’s that Aktiv Kapital (UK) Ltd have instructed to place. Note this is to be a complete deletion and not merely an amendment.

 

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past number of years.

 

4. After a full refund of all payments with interest and compensation are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998 to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

5. A copy of your formal complaints procedure sending to me along with a complete list of transaction and charges relating to my history with your organization. Full copies of all contracts which you believe exist or have existed between myself and your organization, including true copies of any documents you hold in support of the same.

6. Full copies or transcripts of any correspondence in postal, email or any other format which you have entered into with any individual, organization or third party which contains my personal or financial, or which pertains to me. Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.

7. Full hard copy print outs of my personal or financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations.

If you do not respond positively to my request, court action will be taken under Section 14 of the Data Protection Act 1998 to force Aktiv Kapital (UK) Ltd or any other company within the group to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I am also passing this matter to the relevant enforcement authorities including, but not limited to, the OFT, the Information Commissioners Office, Trading Standards, the Credit Services Association, the FOS and my local MP.

 

I look forward to your reply within 14 days to resolve the matter amicably.

Yours Faithfully

MR CallemeBadger

[/Quote]

[palomino]

The bit about there being an offence after thirty days no longer applies.