Aktiv Kapital CCA Response

[Guest]

Hi all

 

I have just had a response from Aktiv Kapital RE my request for my CCA. It goes as follows :

 

We acknowledge receipt of your request for information under the CCA 1974, however, we are not the original creditor nor did we provide you with the original credit facility. We purchased your 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 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 sought to obtain a copy of the original agreement from the original creditor and if it is available we will forward a copy to you as soon as possible.

 

Please note that if the original creditor is unable to provide a copy of the agreement that does not mean that we have no right to continue to request payment of the outstanding balance.

 

Any thoughts? As I understand this is complete rubbish!

[silverfox1961]

HI,

You are correct. it is total rubbish.

As they say, they bought the debt so they bought the rights and resposibilities that go with it. they just say that cr*p to attempt to throw you off.

If they fail to provide the CCA within the 12+2 working days, you are well within your rights to stop paying them until a VALID CCA turns up.

 

fox

[Guest]

I thought as much. I won't be paying them anyway so thats not a problem!

 

I have sent off another 8 CCA requests, and a PPI reclaim to Welcome Finance, so will post the replies to these when / if i get them.

 

Just out of interest, some of the debts that I have sent CCA requests for are mostly comprised of charges (notably Citi Credit Card , GE Capital and IKANO). Can I also try and reclaim these in the meantime or should I just go down the CCA route initially.

 

Thanks

J

[nosnibor]

Hi lee.jamie

Personally I would be inclined to ignore this utter Bull**it but if you feel the need to reply send them this

Ref

Dear

Thank you for your letter dated XXXXXX its contents have been noted.

As a company collecting this debt to which I do not acknowledge, I must remind you of your duties under the Consumer Credit Act:

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5 (2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

Should you be unsure of any matter relating to the CCA request I suggest you contact your legal advisors for confirmation.

 

I will accept your letter dated XXXXXX as proof that you have acknowledged my request. For convenience I have enclosed the same £1.00 postal order to cover the costs.

 

I look forward to receiving your reply.

 

Yours sincerely

[Guest]

I have a reply from this!!

We refer to previous communications in regards to the-above account.

We acknowledge receipt of your request under the Consumer Credit Act 1974.

 

We are now in receipt of the original application form for this account, however Data Protection law prohibits us from issuing a copy to you before we have confirmed your identity and residence.

 

We now require proof of your previous address, please provide documents to show the address you resided at in july 2001.

 

On receipt of this information we will forward a copy of the documents to you. Please do not hesitate to contact us should you have any further queries.

 

Firstly - they have the application form, which is not what I asked for. And secondly - how do they expect me to have proof of address from 8 years ago!!

[silverfox1961]

What utter rubbish.

If they have been writing to you at the address you are living, how can they suddenly say they have to have proof of who you are. If your address is good enough for their threatograms then it should be good enough for them to fulfill your request.

 

fox

[Guest]

Should I even bother replying to this then? I have a similar one from Wescot asking for my last 3 addresses.

[rameses_qc]

Sect 77/78 CCA 1974 makes no provision for these people to make their own rules up as they go along. Nor does t specify that you have to produce proof of identity or anything else for that matter. Remember you are not asking for anything under the data protection legislation. If they are relying on the Law of Property Act for their definition of assignment, than this would be an equitable assignment. they would then be unable to take any formal recovery action without the original creditor. Which way do they want it?

[silverfox1961]

If they are past the default date, send the A/C in dispute letter but add to it that as they have been sending letters to you at your address before, what's the problem now.

We all know they are stalling. Stick to your timeline, not theirs.

 

fox

[Guest]

All of the CCA letters I sent were delivered (checked on royal mail) by the 9th January at the latest. All of them, except Fredrickson, have replied. Robinson Way sent all 3 of my letters back for seperate accounts, along with cheques, saying they had passed the account back to the client and were no longer dealing with it. I'm guessing they didn't have any paperwork whatsoever!

 

Anyway, I havent sent any further letters, what is the next step for the ones not received?

[Shawn0109]

Just follow them up with the having not complied with my CCA request account is now in dispute, they have defaulted on your request and really they are now breaking the law aka they have commited a crime. So really dont worry just see what happens and if they try the old Stat Demand threats which they send out like candy just get em set aside and let the judge throw them out of court. Simple.

[pmhcfc]

I have a reply from this!!

 

We refer to previous communications in regards to the-above account.

We acknowledge receipt of your request under the Consumer Credit Act 1974.

 

We are now in receipt of the original application form for this account, however Data Protection law prohibits us from issuing a copy to you before we have confirmed your identity and residence.

 

We now require proof of your previous address, please provide documents to show the address you resided at in july 2001.

 

On receipt of this information we will forward a copy of the documents to you. Please do not hesitate to contact us should you have any further queries.

 

Firstly - they have the application form, which is not what I asked for. And secondly - how do they expect me to have proof of address from 8 years ago!!

 

AK did the self same thing to me when I requested CCA details, I ignored them and they haven't written back since...When was this you ask? ...February 2007

[thrubolt]

Hey all,

Seems like they at AK write what they want. I CCA'd them 22/01/09,my reply from them dasted 26/01/09 "We can confirm that we are currently in the process of obtaining the original documentation on your behalf and will be back in contact shortly." - shortly, thats a bit of an open ended statement, I gave them the usual 12 plus 2 - today the 4th still waiting, seems like they have a different answer for every request.

This is for a supposed card off 10 years ago, and has everyone noticed its the same printed signiture on every reply, well smudgy copied.Also on the back of the crappy paper its on, iare the ways you can still pay - God do they still try it on - what part of NUMPTY dont you understand.

[Guest]

I have not had anything else from them so far - nor have they chased me for the debt, although I know this is early days!! Sent the letter on 7th Jan 09. Lets see what fun games they try and play next!

[PGH7447]

write to the new man in charge, with your complaint:D, welcome him to his new job

 

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