Debtcontrol V HFC / Aktiv Kapital

[Debtcontrol]

Hello,

 

I have to say this forum is an excellent resource and I will be contributing to the cause when I get paid next!!

 

I made up my mind last week to stand up to these CRA's who have, after reading advice on here, been threatening me with hollow threats for months, if not years.

 

I have 9 CRA accounts, a mixture of credit cards & loans. The majority of these defaulted in 2003, a couple defaulted in 2004.

 

My original post is here -

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/205013-paying-back-various-amounts.html

 

It is worth noting that I have never had to sign for any recorded/special delivery post from the lender or CRA.

I have also never received a Default Notice, or Notice of Assignment.

 

I have CCA'd all CRA's and cancelled all DD. Payments will be made by SO for £5 per month until it’s legally enforced for me to pay more. (I am confident that my financial circumstances are dire enough for them to have no joy if they wish to pursue through the courts).

 

 

This thread will talk about my battle with Aktiv Kapital & the HFC credit card they say they are pursuing.

 

Thanks for reading, more to follow!!!!

[Debtcontrol]

Sent CCA request on 20/06/09, no reply yet.

 

Thanks for reading.

[volvo]

Good Luck DC

 

Keep posting updates

 

VOLVO

[Debtcontrol]

Had a CCA acknowledgement from Aktiv Kapital today.

 

Couple of questions -

 

1. They say they may take longer, thats not an option right? They have 12 working days from the date of their letter I believe?

2. They have halted the collection process on this account. Does that mean I can cancel my Standing Order to them? Do I have to write to them to advise I cancel, if I do this?

 

Thanks for reading, CCA ack attached.

[mr.ton]

12+2 days = end of.

Do not pay them a penny as they have no legal authority to it, only a county court does.

[Debtcontrol]

12+2 days = end of.

Do not pay them a penny as they have no legal authority to it, only a county court does.

 

Thanks Mr Ton - should I write to them advising as such? I will cancel the SO right now.

[Debtcontrol]

Hello,

 

I'm beginning to think these guys are fools.

 

I have already received a CCA ack letter as advised above. This also explains that my account is on hold and has been removed from the collection process.

 

However, today I receive 2 letters from them.

 

1st letter advises that they have agreed a new payment plan with me, thank you.

No they haven't - I wrote advising I was only paying them £5 per month, then I cancelled this standing order due to letter received saying account on hold.

 

2nd letter comes with a financial outgoings sheet, advising I have to fill this in and return; only then will any offer of payment be considered

They can whistle, only when they take me to court will they get another penny out of me.

P.S. it didn't come with a pre=paid envelope!!!

 

Man, these guys need to get their act together.

[clemma]

 

1st letter advises that they have agreed a new payment plan with me, thank you.

No they haven't - I wrote advising I was only paying them £5 per month, then I cancelled this standing order due to letter received saying account on hold.

 

Yep - that's the right thing to do

 

2nd letter comes with a financial outgoings sheet, advising I have to fill this in and return; only then will any offer of payment be considered

They can whistle, only when they take me to court will they get another penny out of me.

 

Yep, they have NO right to this information.......pity about the SAE though, you could have sent them some heavy junk back.......

[Debtcontrol]

Yep - that's the right thing to do

 

 

 

Yep, they have NO right to this information.......pity about the SAE though, you could have sent them some heavy junk back.......

 

 

I could send them a lot of junk!!

 

Thanks for replying Clemma.

[kurvaface]

They say they can charge interest to your account..... What's that all about?

[kurvaface]

I think you need to get a "Personal" Trading Standards Officer:)

[clemma]

Coz DCA's think they can do what they want - and they always will.......

[Debtcontrol]

Hello...

 

Had a letter from Akitv Kapital yesterday, all it said was the following -

 

Please contact us on xxxxx xxxxxxxx to discuss your account.

 

 

Nice big empty space on the rest of the letter!

I don't think I will call them!!!!

[clemma]

Send them a letter back, saying:

 

NO

 

Regards.....

 

Conveniently forget to put a stamp on it though.

 

:D

[Debtcontrol]

Send them a letter back, saying:

 

NO

 

Regards.....

 

Conveniently forget to put a stamp on it though.

 

:D

 

 

Ha ha, I like it, I might just do that.

 

Regards

[kurvaface]

Way to go:D

[Debtcontrol]

OK, so my memory isn't serving me as well as it used to.

 

Letter attached, it had 2 lines instead of 1!!!

 

Not sure what they are playing at though - they have acknowledged my CCA request & confirmed the account is on hold. Also confirmed they were accepting £5 per month.

[Debtcontrol]

Hello,

 

Not been on for a while due to circumstances etc.

 

However, on the 15th of August, I received a copy of my application form for this credit card.

 

I am planning on submitting the standard letter re its non compliant etc, found a good one on another topic -

 

Dear Sir/Madam

 

I DO NOT ACKNOWLEDGE ANY DEBT

 

ACCOUNT IN DISPUTE

 

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 **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

 

You have failed to comply with my request, and as such the account is now in default as of **DATE**.(12+2 days after you sent the CCA request)

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.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. This limit has expired

 

As you are no doubt aware section 78(6) states:

 

If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement.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 therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

 

Yours faithfully,

 

 

The application form is posted up for review - Any further advice would be great.

Their covering letter states I have 14 days to make a proposal for payment!

 

Thanks for reading.

[clemma]

It's a poor copy of an application form - send them this letter instead if you want:

 

Dear Sirs,

 

Account no xxxxxxxxxxxxxx

 

xx/xx/2009

 

Re: my request under the Consumer Credit Act 1974

 

 

Thank you for your letter-dated xx/xx/2009 the contents of which are noted.

 

I note that you have included a copy of the document, which you aver to be the copy of the credit agreement between us

 

Now I wish to draw your attention to a series of concerns that I have with that document and why I feel that you have not discharged your duties under Section 78(1) of the Consumer Credit Act 1974

 

The document received is headed “xxxxxxxxxxxxxxxxxxxxx” within this first there are no prescribed terms as required by schedule 6 column 2 of the Consumer Credit Agreements Regulations 1983 SI 1983/1553.

 

To avoid any argument, the prescribed terms for this style of agreement (running account credit) are as follows

 

1. A term stating the credit limit or the manner in which it will be determined or that there is no credit limit,

 

2. A term stating the rate of any interest on the credit to be provided under the agreement

 

3. A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following--

1.Number of repayments;

2.Amount of repayments;

3.Frequency and timing of repayments;

4.Dates of repayments;

5.The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable

 

 

Now im sure you are aware as per Wilson & FCT [2003] All ER (D) 187 among others that if the prescribed terms are not in the agreement then the agreement is rendered unenforceable

 

 

To be honest I cannot tell as its not legible, infact even when blown up on the pc it is not legible and as a consequence I believe that the document fails to comply with Regulation 2 of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (SI 1983/1557)

 

For your information, I reproduce regulation 2(1) for your reference

 

 

2 Legibility of notices and copy documents and wording of prescribed Forms

 

(1)The lettering in every notice in a Form prescribed by these Regulations and in every copy of an executed agreement, security instrument or other document referred to in the Act and delivered or sent to a debtor, hirer or surety under any provision of the Act shall, apart from any signature, be easily legible and of a colour which is readily distinguishable from the .

 

Clearly as the document you have supplied is not easily legible you cannot say that you have discharged your obligations under section 78(1) as the document does not comply with the copy document regs referred to above

Now to quote your own words from paragraph 3 of your letter “this means in effect as long as the terms are clearly shown, the CCA requirements are satisfied” well im sorry but they are not as the second part of this document that you supplied in reply to my CCA request is not clearly legible

 

Now to resolve this matter you can either supply me a copy of my agreement, which is in a legible form where all the terms are clearly stated and the prescribed terms are embodied within the agreement

 

Or alternatively, we can lay the agreement which you have produced in reply to my statutory request pursuant to section 78(1) of the Consumer Credit Act 1974 before the county court and I will request pursuant to section 142(1) of the CCA that the court make an order on the enforceability of that document.

 

However I am sure that the bank would not be keen on this happening as should the court rule that the agreement is not enforceable and you cannot provide a better copy than what you already have then the court would have no other option but to rule the agreement unenforceable

 

I think I have set out my position clearly and have even reproduced excerpts of the legislation on which I base my case, therefore I respectfully request that you reply to this letter within 14 days setting out if you can supply a more legible copy of the agreement or what action you propose to resolve this dispute if you cannot although the only real obvious option if you cannot provide a better copy would be for the bank to zero the balance on this debt as it cannot be enforced without a truly legible signed credit agreement containing the required prescribed terms

 

 

I await your reply

[Debtcontrol]

It's a poor copy of an application form - send them this letter instead if you want:

 

Clemma, as ever - thank you very much. I had already sent of my letter, but when they come back with their standard letter, I will send yours off, as its a lot clearer and could only be contested by monkeys really!

 

Thanks for replying, I appreciate it.