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    • you need to ring northants bulk and ask for a copy of the judgement and the claimform by email pdf. it is quite usual for them to not have a copy of the claimform. so you need to record the call and ask them to read out the particulars of claim and the address it was sent too.     old wives tales , if you have a debt owing that shows on your credit file or you know exists from say the last 7yrs you should NEVER move without WRITTING to the debt owner with your new address. never run from debt which falls within the above .     all mortgage style SLC loans that were not deferred with erudio following the gov't sale in 2013 and that did not have a court claim raised within 6yrs are SB'd.   drydens simply did this because they wrote to your old address, got no response, and knew they'd get a default roboclaim CCJ where no human checks anything.   shot yourself in the foot.      
    • yep.   if all these are still owned/with the original creditors and you are not paying any powerless DCA's  then little point in any CCA requests at this stage unless any (non OD A/C's) are say pre 2000 opening.   our pro rata letters are the way to go you'll find those in the debt collection section of our library.   get any income payments on going or otherwise moved into a parachute A/c.   it is most probable that whatever you do most A/c's will be defaulted once this is done if not already. bearing in mine your wish to re mortgage or move in a future, it is most probable that the quicker you do default , the earlier a DN will be registered thus the earlier these will not show following their 6th birthday. this might involve you thinking about stopping all payments now ensuring this does happen, then resuming payment under a pro rata scheme self administered , once this happens.   just be aware that no DMP providers will ever question enforceability, should that be relevant.     
    • LL would have Absolutely no chance of getting the smart meter changed back.....
    • slow down ...read what i'm asking , stating and trying to clarify.. it all might seem useless or totally irrelevant but it's important information moving forward with the whole situation and useful in the SPC claim moving forward     there was not 2 loans - the litigated OD is not a loan but it appears from your comment here..     sorry but then you did get scammed on many fronts... they allowed you to settle the loan exploiting your confusion over thinking it was the litigated account. they didn't tell you either and they would also have been aware of your statement filed response form:   The respondent had a junior account with the Bank of Scotland since a young age.  The Bank of Scotland offered the Respondent a loan of around £2500. This Respondent serviced the loan until losing her source of income and ran into some financial difficulty resulting in defaulting in servicing the loan.   they settled for a discounted sum... why? we usually find this is because they hold no enforceable paperwork at all. or was full of charges , charges could have been the discount or it could have been due to 'a business decision' ...   but sure as eggs is eggs there is no way 1st credit would not have raised a court claim for both the OD and the loan unless there was a very good reason. they didn't that smells...badly.   OD 's are notoriously difficult to litigate upon if defended properly...but with a loan in the same claim, with enforceable paperwork, they would have almost been guaranteed to win.   it's also a shame you didn't come where before you did anything but we are where we are.   now the above might seem harsh..even petty but our posts are not only for you and your issue they are also for future readers that find us via search engines or read like threads here alerting debtors to frequent pitfalls and innocent wet myself actions many do that all these dca's will and have exploited time and time again over the last +40yrs .   i'll try and get around to properly redacting all your pdf's tonight and get them back up. but before i finish and get on with the above........the status of the claim as it stands now.   From what i can gather the claim now hinges upon proving her ex at the time settled by a discounted payment to HBOS well before the sale to Intrum and the SPC Claim.   In all honestly and with regard to your comments in your previous posts upon his character, i seriously doubt this ever happened. the disclosures from Intrum contain all the OD statements , should that have happened, it would be detailed in those.   there is little point in the claimant hiding that info as they would be in far more legal trouble should they have doctored them than insuring a mere +£1k claim win. Even 1st credit wouldn't pull such stunts.   Sorry but there is little point in requesting HBOS to attend any future hearing, nor hoping the SAR shows anything different to the statements the claimant has disclosed . That will cost you more money , and more money in terms of the claimant attending another hearing.   there is one exploitation i see. that being the mention of a default notice. the claim states:  The respondent fell into arrears under the Finance Agreement. A Default Notice was Issued by the Original Creditor .   now default notices are not issued for OD A/C's (which ties in to the possible loan confusion and scam settlement i mentioned) . This tallies with a common mistake that many DCA's, including why i keep mentioning 1st credit, which is the previous name for Intrum, made on numerous claims and was one of the reasons for the name change. To Hide that They lost many Statutory Demand and court claims over the non existence of a DN or proof of it's issuance by the OC (a DCA can't issue a DN) .. No copy of a default notice is fatal to to successful  litigation.   even though in this OD case one was not ever needed. (Poor particulars of claim showing copy and paste, and never expecting a claim to be defended but responded to by a wet themselves response , which you did by settling a loan which you believed was the claimed debt when it never was)    other than that you indicate you made an OOC F&F offer in 09-20  have you advanced this option since ?   dx
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

A letter to Aktiv Krap... could you pleae check and comment


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in summary AK continue to harras and chase despite non compliance with a sect 77-79 request and a further non compliance and harrasment letter.

 

I have wrote the following to send to them and would appreciate your input - is the tone ok? Is the writing of it ok? is it factually correct regarding the law etc ?

 

Dear Sir / Madam,

I write in response to your recent flurry of telephone calls. As I have pointed out before in letter, and on the phone, my Wife works nights and is therefore asleep in the day and your telephone calls in an attempt to contact myself are a major inconvenience to her sleep pattern and well being.

On the XXXXX 2008 I contacted you by letter and asked you to remove my number from your records and that any more calls would be viewed as harassment and a breach of section 40 of the Administration of Justice Act 1970. You acknowledged receipt of this letter on the XXXXXX 2008 and stated

“….We have removed your telephone number from our system and all future communication will be sent in writing.”

I therefore find it very interesting that the harassing phone calls from your telephone operatives have re started recently. Please take this letter as a final warning that if you continue to contact me by phone I will be left with NO alternative but to seek compensation by way of the law and inform all relevant authorities of your unreasonable and harassing behaviour.

On the XXXXXXX 2008 I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

On XXXXXXX 2008 you sent me written confirmation of receipt and informed me you would revert back to me in due course.

To date you have failed to comply with this request in any way other than your telephone representatives informing me that Aktiv Kapital could not comply with my request, and your letter dated XXXXXXX 2008 which stated that the agreement was not available.

I would like to point out your duties as a collector under the Consumer credit Act 1974 and the CUPTR 2008 regulations as your telephone operatives appear not to understand relevant legislation and are under the impression that you have no legal obligation to supply any paperwork requested.

The Unfair Commercial Practices Directive 2008 states that a debt Collection Agency would be regarded as the creditor for requests made under section 77 and 78 of the Consumer Credit Act 1974, therefore I ascertain that the documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974 and should you not be able to supply me with the correct documents you are not entitled, under sections within the CCA 1974, to enforce the agreement whilst the default continues and that if the default continues for one month you commit an offence.

Please remember these are not my words, this is law.

As more than 7 months have passed since I requested a true, signed copy of the said agreement and other relevant documents mentioned in it, it is safe to assume that by continuing to harass for payment you are indeed committing an offence.

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 shall reiterate again that these are not my word but the words of the law.

It is worth noting the guidelines of the Credit Services Association, of which you are a member, and of which you quoted to me in your letter of the XXXXXXX 2008:-

1 a) Conduct its business lawfully, comply with all relevant UK legislation, regulation and judicial decisions and trade fairly and responsibly.

c) Comply with this Code of Practice and follow any guidance notes issued by the Board of the Association.

d) Comply with Debt Collection Guidance as Published by the Office of Fair Trading from time to time.

g) Provide adequate training for members of its staff, bringing to their attention the principles of this Code and requiring them to carry out their duties in accordance with it. Also, ensure continuous and appropriate training of staff in respect of current legislation and best practice.

l) Ensure that their agents, sub-contractors and subsidiaries comply with the Association’s Code and Guidelines.

m) Comply with all reasonable requests by debtors, clients or their appointed representatives for information concerning their agreements and accounts.

4 e) Ensure that all attempted contacts with debtors are made at reasonable times and at reasonable intervals.

6 b) Adhere to all relevant requirements under the Consumer Credit Act 1974 & 2006 and any other relevant legislation.

I would also respectfully bring to your attention that although you may believe

“The Credit Services Association states that it is up to each member on an individual basis to decide how far to comply with the (Consumer Credit) Act (1974)”

ref: Your letter dated XXXXXX 2008

It Is in fact the LAW that you comply 100% with any legislation that is relevant to your business practises and not just pick and chose those bits that may, or may not, suit you.

To summarise:-

  • On XXXXX 2008 I asked for my telephone number to be removed from your records and to be contacted by letter only.

  • On XXXXXX 2008 you stated that you would comply with this request.

  • To date, you continue to contact me by telephone despite my request and your acceptance.

  • On XXXXXXX 2008 I requested a copy of the credit agreement relating to the account that you are collecting on.

  • To date, you have failed to comply with this request.

  • You are now committing an offence by continuing to demand payment and register information with credit reference agencies on an account that is clearly in dispute.

Please treat this letter as an official complaint to Aktiv Kapital regarding the continual attempted collection and harassment on a disputed and unenforceable debt and please forward me your complaint procedure immediately.

I trust you will deal with this matter in a responsible way and respond with a personal reply addressing the points raised and not just issue your standard “the contents of your letter have been noted” letter

 

What you think then ?

 

Scort

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Looks good to me :D

:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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Dear Sir / Madam,

 

I write in response to your recent flurry of telephone calls. As I have pointed out before in letter, and on the phone, my Wife works nights and is therefore asleep in the day and your telephone calls in an attempt to contact myself are a major inconvenience to her sleep pattern and well being.No need to give explicit info-you have told them previously to stop.

 

On the XXXXX 2008 I contacted you by letter and asked you to remove my number from your records and that any more calls would be viewed as harassment and a breach of section 40 of the Administration of Justice Act 1970. You acknowledged receipt of this letter on the XXXXXX 2008 and stated

 

“….We have removed your telephone number from our system and all future communication will be sent in writing.” OK

 

I therefore find it very disturbing that the harassing phone calls from your telephone operatives have re started recently. Please take this letter as a final warning that if you continue to contact me by phone. I will not hesitate to file a County Court claim seeking compensation together with costs.Additionally I will be making a formal complaint to all relevant regulatory agencies.

 

On the XXXXXXX 2008 I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

On XXXXXXX 2008 you sent me written confirmation of receipt and informed me you would revert back to me in due course.

To date you have failed to comply with this request,other than your telephone representatives informing me that Aktiv Kapital could not comply with my request, and your letter dated XXXXXXX 2008 which stated that the agreement was not available.

 

I would like to point out your duties under the Consumer credit Act 1974 and the CUPTR 2008 regulations as your telephone operatives appear not to understand relevant legislation and are under the impression that you have no legal obligation to supply any paperwork requested.

 

The Unfair Commercial Practices Directive 2008 states that a debt Collection Agency would be regarded as the creditor for requests made under section 77 and 78 of the Consumer Credit Act 1974, therefore I ascertain that the documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974 and should you not be able to supply me with the correct documents you are not entitled, under sections within the CCA 1974, to enforce the agreement whilst you fail to comply with my request in any legal framework.

Until such a time as you do comply,only a Court can order payments.

 

 

As more than 7 months have passed since I requested a true, signed copy of the said agreement and other relevant documents mentioned in it, it is not unreasonable for me to assume that by continuing to harass for payment you are in breach of regulations.

 

You should be aware that a creditor cannot enforce action in this case within any legal framework,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.

 

Should you be unfamiliar with your responsibilities in compliance of my request,then I suggest that you contact your legal team,and also your liability insurers.

 

 

I draw your attention to guidelines of the Credit Services Association, of which you are a member, and of which you quoted to me in your letter of the XXXXXXX 2008:-

 

1 a) Conduct its business lawfully, comply with all relevant UK legislation, regulation and judicial decisions and trade fairly and responsibly.

 

c) Comply with this Code of Practice and follow any guidance notes issued by the Board of the Association.

 

d) Comply with Debt Collection Guidance as Published by the Office of Fair Trading from time to time.

 

g) Provide adequate training for members of its staff, bringing to their attention the principles of this Code and requiring them to carry out their duties in accordance with it. Also, ensure continuous and appropriate training of staff in respect of current legislation and best practice.

 

l) Ensure that their agents, sub-contractors and subsidiaries comply with the Association’s Code and Guidelines.

 

m) Comply with all reasonable requests by debtors, clients or their appointed representatives for information concerning their agreements and accounts.

 

4 e) Ensure that all attempted contacts with debtors are made at reasonable times and at reasonable intervals.

 

6 b) Adhere to all relevant requirements under the Consumer Credit Act 1974 & 2006 and any other relevant legislation.

 

I would also respectfully bring to your attention;

 

“The Credit Services Association states that it is up to each member on an individual basis to decide how far to comply with the (Consumer Credit) Act (1974)”

ref: Your letter dated XXXXXX 2008

 

It Is in fact the LAW that you comply 100% with any legislation that is relevant to your business practises and not just pick and chose those bits that may, or may not, suit you.

 

To summarise:-Summary is not really required-they should get the message already.

 

  • On XXXXX 2008 I asked for my telephone number to be removed from your records and to be contacted by letter only.

 

  • On XXXXXX 2008 you stated that you would comply with this request.

 

  • To date, you continue to contact me by telephone despite my request and your acceptance.

 

  • On XXXXXXX 2008 I requested a copy of the credit agreement relating to the account that you are collecting on.

 

  • To date, you have failed to comply with this request.

 

  • You are now committing an offence by continuing to demand payment and register information with credit reference agencies on an account that is clearly in dispute.

(dont forget that the criminal offence element was repealed in the CCA ammendments)

 

I give you 14 days to respond to my letter,and also give an undertaking that the telephone calls will cease forthwith.

Under FOS guidance,you are allowed 8 weeks to resolve my complaint to my satisfaction,or in the alternative give me a final response.

I trust your usual words that the comments in my letter have been noted,will transpire to be not only noted,but more importantly acted upon.

 

 

Yours XXXXXXXXXX

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Thanks Martin- Very much appreciated and noted.

 

re the removal of criminal offence - is that the bit in the 2008 regs that says in 4 omit b) and in a) omit the word 'and' or similar?

 

And does that mean that in my circumstances they ARE committing an offence but its not CRIMINAL offence ?

 

Scort

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Hi scorterooney

 

Re criminal offence, I've seen on CAG that this bit no longer applies.

 

Excellent looking letter from MARTIN3030, however it could be made longer by adding a Section 10 notice re Data processing etc, I'm sure MARTIN3030 will have a suitable paragraph.

 

Hope it all works out.

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This is what you need to add

 

STATUTORY NOTICE UNDER S10 DATA PROTECTION ACT 1998

 

I refer to your recent admission that you cannot supply me with a coppy of a Credit Agreement signed by me

 

At NO time have I given my written permission for you or your company to process my data

 

Therefore Take Notice that I require that you cease from processing within 7 days of the receipt by you of this notice or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party and insofar as the said data relates wholly or in part to the implementation by you of charges which have been applied to my account in respect of defaults or contractual breaches and where the said charges which have been levied at a rate which is in excess of the administrative costs incurred by you as a consequence of the said defaults or breaches contrary to The Common Law.

 

This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which may already have been caused and that as the processing of the said data in the way referred to in this notice would violate the fourth, first and sixth principles of The Data Protection Act 1998 to do so would be unwarranted.

 

 

Failure to remove ALL my data from your databases will result in a formal complaint to the Information Commissioners’ Office.

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Increasingly Judges are asking that the S10 be sent before allowing litigation under the Data Protection Act.

In my own case it delayed my claim by around 2 months.

 

Equally a Court would want to see a response from the other side to this,although in most cases the DCAs fail to acknowledge.

Proof of posting and delivery will suffice in the absence of no reply.

 

Although you may get speel from their data controller saying that they have entitlement as agreed by the ICO and the CRAs.

If they send this stuff-so much the better.

Edited by MARTIN3030

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Ok back again.I have been looking through some archived points in my saved docs.

So here is important guidance.(it is taken from a reply sent to a member here in 2006) from the ICO.

 

First of all-the S10 should be sent to the data controller.

 

The notice must be in writing and may be in the form of a letter. You should ensure that the notice is dated and must make clear the following;

* your identity and the personal data to which you refer.

* the nature of the processing and whether it is the processing for a specified purpose or in a specified manner to which you object.

* when you require the processing of personal information about you to cease (this must be at the end of a period which is reasonable in all the circumstances ) or that you require the data controller not to begin processing personal information about you.

* that the processing of personal information about you, for that purpose, is causing or is likely to cause you or another person substantial damage or distress which is unwarranted.

* the reason why you believe that the processing is causing or is likely to cause you or another person substantial unwarranted damage and/or distress.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Now onto the data Controller ;

 

I know that if you do a search on the ICO public register and put in Aktive Kapital nothing comes up.

Even inputting their Chester postcode brings nothing (CH1 9BS)

 

However if you input the other postcode AK use on their letters BR1 1LT it brings up Thames Credit.

This is also listed as AKs registered office.

 

I know from my records in files here that their Consumer Credit Licence shows a number of addresses that have been used in the past.

 

Ironically inputting the postcode of AKs registered offices on the ICO database brings up no less than 22 entries all with different names.

 

Of course we are aware of DCAs who register a number of different companies-I hae seen building firms car repairs and even in one case ice cream sales as an associated company.

 

Anyway I digress.

 

so here is the entry;

 

 

 

 

Registration Number: Z6716152

Date Registered: 12 June 2002 Registration Expires: 11 June 2009

 

Data Controller: THAMES CREDIT LIMITED

 

Address:

WELLS HOUSE

15-17 ELMFIELD ROAD

BROMLEY

KENT

BR1 1LT

 

 

 

Its extremely important to separate therefore the s10 request from your letter,since the function of the data controller is simply that-he is not obliged to look into your other points.

 

 

 

I suggest that you address the letter to their Legal department.

 

 

With that ...........you should now be ready to go !!!......and me too as my bed is calling me.:)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Hi - I have stumbled across this threas and have a quick question AK contacted me last week demanding money for an account that had already been paid and also an old barclays acount that is over 10 years old so statute barred.

 

They are contacting me at an old address and phone number (that is my parents) and despite me telling them I don't live there and making my position on the above accounts very clear and askign that they remove my details from their systems they have continued to try to contact me on these details.

 

Can I envoke this S10 against them to force them to remove my details as they have no valid reasons to still be pursuing contact

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Thanks for all your replies - very gratefull of the info and makes interesting reading.

 

Re the S10 request - i put the folling paragraph in my previous letter which was an account in dispute letter:

 

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.

 

 

However i had though i would not complicate matters with this letter and do a little more research before going for removal of data etc.

 

Thanks again

 

Scort

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Hi - I have stumbled across this threas and have a quick question AK contacted me last week demanding money for an account that had already been paid and also an old barclays acount that is over 10 years old so statute barred.

 

They are contacting me at an old address and phone number (that is my parents) and despite me telling them I don't live there and making my position on the above accounts very clear and askign that they remove my details from their systems they have continued to try to contact me on these details.

 

Can I envoke this S10 against them to force them to remove my details as they have no valid reasons to still be pursuing contact

 

 

Yes of course.Follow the guidance offered in this thread.

I suggest that you start your own thread too!

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Hi Martin3030,

 

Thank you for the heads up on S10, it all gets a bit complex but I guess most of this is also above a CC Judge, just thought your excellent long letter could be made longer, silly me won't suggest again, slap hands etc.

 

PS Many thanks for the CCA 1974 link, been looking for this!!!

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  • 4 weeks later...

Welllll, I got an interesting reply to my letter this morning.

 

Essentially it said, your telephone number has been removed from our records on condition that i maintain regular correspondance via mail !

 

Also went on to say that they CANNOT get hold of the CCA and no documentation is available due to the age of the account, but as i have admitted the debt by paying a monthly amount before, as a gesture of goodwill they will allow me a full and final settlement price of half the amount allegedly owed. If i dont pay this by the end of the month they will pass it on to their collections division for further action !

 

LOL :D

 

Soooooooooooo, What do you reckon i do next ? I need to get complete closure on this and it removed from my credit records

 

Im in half a mind to end a letter stating iam under no obligation to pay anything towards an unproven and disputed debt and put it in writing that i SHALL NOT be paying a penny.

 

After that its a letter of complaint to FSA, TS etc

 

But not sure how i go about wording it so that it comes over strong enough to get this sorted once and for all.

 

Thanks, Scort

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Ok Scort well done so far.

I am not fully clued up as to what the arrears are for-are there any unfair charges there ?

If this is the case you can make very good arguements that had you been aware that there were unlawful penalty charges at the time you made an agreement-then you would not have agreed !!

Equally I would suggest that you can argue the same as regards their failure to give you a copy of the docs you have requested.

Can you tell me if this debt has been assigned to AK -if so then they should have the CCA docs-this should have been part of assignment.

I will help you with a letter.

I have this week recd notice from my local trading standards who I reported AK to.

In addition to them dealing with my complaint,they have also passed on a complaint to Cheshire Trading Standards at Chester for them to look into also.

I would advise that you do the same.

I am aware that AK are monitoring this thread and so feel free to pm me-I will help you on the condition that you report everything back here after its sorted.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Hi martin,

 

Thank for the reply.

 

 

Re Aktiv Kap monitoring teh thread , Well HELLO ....... as you are no doubt aware you were getting paid a year ago, but your inability to undertand the concept of Nurses working night shifts and bombardment of phone calls asking for payment when you were in fact being paid led me to enquire as to the validity of paperwork relating to the account. Seems you DONT have the paperwork AT ALL so errrr, game up. Had you played the game by the rules you would of been paid in full by now - But you didnt.

 

Ill take this to PM now

 

Cheers Martin

 

 

Scort

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well done Scort,

 

These idiot DCA's never learn, they push and push and then we break.

 

Just remember, this all started with the moron at Lloyds chasing Marc for £150.

 

Long live the CAG.

 

Jogs

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