activ kapital

[crankiboy82]

thought i would start a new thread on activ kapital if the sites ok with it, and do my bit to help

 

il update everytime something new happens.....

 

 

i got a £100 tyre on a card in 2001, missed 2 payments, and got a bill for £375 from activ kapital. After a few arguments on the phone and a change of address i forgot about it..

 

2007 i got a cred report, and i noticed they put a default on my credit report in 2005, and updated in 2007 with a £70 payment (which wasnt me)

 

wasnt in any hurry at time for any kind of credit so never bothered about it (now know i should have)

 

i then got another cred report last month, out of interest and seen that they had put in another payment for a £1 in 2008 (also not me) so they can updated and extend the mark on my report i guess

 

they also look at my file every now n then, im told this doesnt affect my credit rating but im not convinced thats 100% correct, surely other creditors wonder why u have a debt collector nosing about on your file and i imagine that could influence their desicion about giving you credit....but i might be wrong maybe they dont see that

 

anyways after working out that the debt was statue barred since i hadnt made any contact with them for 5 years (im in scotland its 6 in england), i contacted experian by email, who now have 28 days (law) to investigate the default and remove it if they also feel it shouldnt be there.

im still waiting (21 days left and counting)

 

i might as well mention iv heard that the credit report people accept pretty much anything as proof from debt collection agencies to say u are rightly defaulted, so iv not to get my hopes up that experian will sort this for me, but recording every bit of mail i send and recieve has begun so they might be in the sh#t later (im still reading about this area and could be onto a claim im told)

 

i called them before i emailed them by the way, only to be told by an advisor its not their responsibility to sort these errors and that i need to take it up with Aktiv Kapital. nothing she can do about it was all i kept getting

 

THIS IS A LIE, soon as i sent the recorded email thats how i got my 28 days i was looking for, guessing as emails record so they are kinda pushed into it

 

anyways instead of waiting 21 days to maybe get nowhere i sent a letter to aktiv today and il post that up in my next post...

 

hope this thread helps someone and if anyone can add anything about aktiv kapital, or point out anything iv missed please do

 

i underlined the bits i thought were important and u wanna look into a bit more if this is all new to u, as one wrong letter or phone call can f#'k everything in terms of clearing ur name...

 

im only 1 week in with this and very nearly made that mistake, id ask on here if its safe to contact a debt collection agency before u do it, record all mail too

 

and look at the template letters available on this site they are the fire power u need to get ur probs sorted!!!

[crankiboy82]

this turned out to be the letter i was to send........

 

 

 

 

 

 

Dear Sir or Madam

 

 

After recently obtaining a copy of my credit file from Experian I was concerned to note that your company has placed a "Default" notice against my name.

Further to this, I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit).

 

 

 

Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee.

 

 

 

 

 

2. You must supply me with a signed true and certified copy of the original default notice

 

 

 

 

3. Any deed of assignment if the debt was sold on

I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.

 

 

DO NOT attempt to contact me by telephone

 

 

 

 

 

Yours faithfully

[Pinky69]

You won't get the Deed of Assignment - that is a confidential business document only a court can ask for. Did you mean a Notice of Assignment? If Aktiv Kapital don't remove the default entry - and they won't - you can complain to the Information Commissioner but there is such a backlog there that it is taking over a year to reply, by which time the default will have fallen off your reports anyway.

[crankiboy82]

they updated in 2008 tho, so does that not take me to 2014 before it to falls off??

 

thanks

[crankiboy82]

i thought id mention that i read somewhere that sending ''template letters'' are flagged by ICO and the CRAs and put to the back of the pile

 

(i know i said before to use them but template letters better than no letter right?)

 

il try and find that info again and put it up.........

[Pinky69]

It's 6 years from when the default was entered, not from when it was last updated.

[Pinky69]

I think complaints to the ICO and CRAs are specific to each complaint and a template wouldn't really be any use.

[crankiboy82]

..

Edited April 23, 2010 by crankiboy82

[unclebulgaria67]

So why don't you make a subject access request under Data Protection, asking for all data they hold on you.

 

See whether this reveals anything. Then make a formal complaint to their head office, advising that you will be looking to take this further with the regulatory authorities.

[crankiboy82]

i wanted to put the account in dispute 1st, see what they send back then SAR them....

 

i would have thought that was the way to do it no?

[unclebulgaria67]

The subject access request is a separate process and is about your right to have access to all data they hold on you. Such requests are normally dealt with by the companies compliance staff and not handled by the debt collection staff.

 

Why not do both things at the same time. Tell them the account is in dispute and make the request. Point out the issues from your credit account, which appear to be a breach of the data protection act. The DPA applies a duty to companies to process your data accurately and handle it in a fair manner.

[crankiboy82]

hi again and thanks for the posts, i was looking for a letter to send to aktiv (who put the default on) and came across one but just wanted to know if all the facts are correct etc in it....

 

im sure they are but just wanna double check

 

thanks.....

 

Data Protection Act disclosure request

 

 

Dear Sir/Madam

 

ACCOUNT NUMBER: ****************

 

Please supply me with All my personal data you hold including a complete list of transactions and charges (or alternatively a set of statements) relating to my account history with your organisation. I also require a complete breakdown of each Late Payment fee and Over Limit fee charged to this account, or any similar related charges. The complete breakdown of each charge must contain the following:

 

Hourly rate of each member of staff involved with each administration of the fees / charges. The time each member of staff spent on the administration of the fees/charges. Details of the work carried out and completed by each member of staff involved with each administration of the fees/charges. Total cost of the paper, envelopes, ink, and postage of each automated and manually written letter relevant to the issuing of the fees/charges, and any other costs incurred in each fee/charge including other employee’s involvement, their hourly rate, time spent on the involvement, and what their involvement consisted of.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act Subject access request fee.

Furthermore please provide me with a copy of my contracts with you, and a copy of my original terms and conditions. I make this request under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts.

 

I understand that under the Consumer Credit Act 1974 section 78, I am entitled to receive a copy of any credit agreement and a statement of account on request . I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act 1974.

 

I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

 

I further understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Please note that the Postal orders I have supplied are NOT to be applied to any alleged debt but used only for purposes supplied.

 

I look forward to hearing from you.

 

Yours faithfully,

 

 

Mr .***************

Enc £1.00 Postal Order ********

£10.00 Postal Order **********

__________________

[crankiboy82]

hi again, just received my letter after sending a CCA request to aktiv.

 

they dont have it, and are trying to contact the original creditor to get it as they "wish to provide me with information i require, in accordance with the credit consumer act 1974 in an effort to resolve this matter"

 

they say that "whilst they endeavour to keep within the prescribed time scales, due to the fact that they need to contact the original creditor we may be unable to do so.

 

my account has been put on hold whilst they await the requested info

 

i even got a real signature at the bottom.

 

they also gave me an agreement number an im guessing i should stay well clear of this, and iv got a reference number too now which i didnt have before

 

iv still not sent them the SAR yet, wanted to find out a bit more about it first really, but iv done that now and iv got this letter too so prob ask for SAR and then point out a few wrongs about their reply

 

anyone got any advice?

[crankiboy82]

thanks unclebulgaria, i will point out the issues with my credit account in my next letter, and prob send experian etc a copy of the letter i just recieved too, since 9 days ago i gave them 28 days to check that the info on my credit report was correct so im gussing if aktiv cant send me the right info they wont be able to send the CRAs it either?

[crankiboy82]

got my email from experian...

 

Dear Mr ......

RE:Active Capital default

Thank you for your email, which we received on 19 April 2010.

Your query has been brought to my attention in the Customer Relations team to investigate.

WHAT I AM DOING FOR YOU:

- I am contacting the company with your comments for you. This is because I can not amend the information without their consent.

- I am adding our standard dispute statement to the entry on your report.

"THE CONSUMER HAS DISPUTED THE ACCURACY OF THIS ENTRY AND WE HAVE THEREFORE ASKED THE PROVIDER TO INVESTIGATE IT. GIVEN THAT THIS DATA IS DISPUTED, PLEASE TAKE CARE IF MAKING AN ASSESSMENT OF ANY KIND THAT MAY INCLUDE THIS DATA."

- This statement will show within the next seven days.

- I will let you know what they say as soon as they reply.

Kind regards

 

 

an hour after they sent me this email they took the note down and put everything back the way it was. is there anyone out there that can tell me what to do next?

Edited April 28, 2010 by crankiboy82