HELP! Disputed agreement with Egg has been sold to a Aktiv Kapital

[seanj70]

Sometime ago I queried my Egg loan that I was repaying via their Debt division Cap Quest. And after a long time waiting I did eventually receive a copy of a my CCA but it wasn't 'properly executed' with all the prescribed terms, so i replied stating such and didn't hear a dicky bird until last week (almost a year).

 

The debt has now been purchased by Aktiv Kapital and I have requested a copy of the CCA again from them, but how do i stand now?

 

AK have said (verbally on the phone) that the original agreement doesn't matter any more and they were desperate to get me to pay a token payment on the phone, but I refused and said i was proof of the debt.

 

I've also read this about the OFT recently clarifying 'unenforcable debt'

Crucially the OFT has made it clear that ''Unenforceable'' does not mean that an individuals debt is wiped out. Any outstanding debt is still owed, but there are some consequences for the lenders ability to enforce the debt, but they can:

 

· request payment

· issue a default notice

· pass details of the default to a credit reference agency (e.g. Equifax, Experian or Callcredit)

· pass the individuals information onto a debt collector

and i'm worried about the bit where it says "· pass the individuals information onto a debt collector"

QUOTED SOURCE

 

Can anyone please advise or offer any help with what to do?

Edited May 27, 2010 by seanj70

[seanj70]

Also, someone on a forum said:

You have disputed the account with Egg for the reasons that you gave i.e. unenforceable prescribed terms. Whether or not they agree with your reasons, they cannot unilaterally cancel a dispute! You remain of your original view and therefore the account remains in dispute. Under these conditions, they cannot involve a third party debt collector and you should firmly refuse to deal with these Activ people or any other third party or DCA.

and suggested this letter:

ACCOUNT IN DISPUTE

 

Dear Sir/Madam,

 

Your ref:

 

 

Thank you for your letter of **DATE**, the contents of which are noted.

I refer to my letter of **DATE** a copy of which is enclosed for your perusal and ease of reference.

 

As holders of a Consumer Credit Licence you are obliged to comply with the Office of Fair Trading Guidelines on debt collection. I would therefore be obliged if you would provide me with an explanation as to why you are attempting to collect on an alleged debt which was disputed with **BANK ** prior to your first contact with me, and has yet to be resolved.

As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

 

Since this is considered an Unfair practice and contrary to the OFT guidelines, you should consider this letter as a formal complaint, and provide me with a copy of your complaint resolution procedure.

I also require you to confirm that you will now comply with the OFT guidelines, and will not attempt any further collection activity whilst the dispute is unresolved.

 

Should you fail to provide me with the required undertaking within 7 days, I shall report your breach of the OFT guidelines to Trading Standards and the Financial Ombudsman Service.

 

Take notice that I will not discuss this matter on the telephone, and all further communication must be in writing. Any further telephone calls will be perceived as harassment, and dealt with accordingly.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

 

Send them (the DCA) this template adjusted to your own needs

[Pinky69]

You don't have to send a new CCA when it is passed on - you only have to do that once. Just send them the Account in Dispute letter. Your details will be passed on with the debt when it goes to a DCA BUT it shouldn't be passed on at all whilst the debt is in dispute. If you placed the debt in dispute with Egg, report them to the OFT for selling it whilst it is in dispute. As for Aktiv Capital, once you have sent them the Account in Dispute letter, ignore anything they send after that.

[seanj70]

thanks Pinky

[seanj70]

sorry pinky - did you mean that letter I posted above ^^ ?

[Hardupnotfedup]

Yes the account in dispute letter above send to Aktiv capital

[Helios]

*waves to guests*

[Helios]

Send aktiv account in dispute letter then ignore there demands for payment when it is in dispute.

 

do not speak to aktiv on the phone they lie and threaten all sorts block there number if you can do that

[seanj70]

ok, I finally got a copy of the CCA from Aktiv Kaptial and a covering letter that states that Egg rejected my claim that the agreement was unenforceable.

 

I was never told by Egg that they reject my claim and I never received a copy of the terms, which this time have appeared.

 

However, there is still no mention of my rights to cancel which i understand are part of the requirements?

 

here are the docs i've now received from AK

 

can i still dispute this with them and specify the missing 'rights to cancel' as my reasons?

 

letter from AK

Copy of Egg CCA part 1

Copy of Egg CCA part 2

Copy of Egg terms part 1

Copy of Egg terms part 2

Copy of Egg terms part 3

 

i'm specifically looking at section 68 of the CCAct - Cooling of period (no mention in my terms)

also, schedule 2 of CCA Regulations 1983 - your right to cancel

as detailed here: http://www.consumeractiongroup.co.uk/forum/showthread.php?162851#post1747471

Edited November 16, 2010 by seanj70

[scrambledbyegg]

Its lokk like they have been busy I got the same too a day later. Few things, I beleive these Egg Agreements are unenforceable, mine had miss-sold PPI and the terms were not split so it is a multiple agreement. I too had paid CQ off bit and the figure AK are quoting is about a grand higher than the level at the last payment (which I have from a previous DPA request). My account was also in dispute with Egg which they never followed up for a good few years before I heard from these jokers. Also I have documents to show that before the default period was up Egg had already assigned a DCA to the account and defaulted it. finally, I still have had no NOA from AK which is important since the reference numbers don't match and the figure quoted is wrong. I am just drafting a letter which I will post shortly for comment.

[scrambledbyegg]

I am proposing to send the following for now. One point I don't make is their cover letter has a different agreement number, think I'll save that for now.

 

I am in receipt of your letter dated xx November 2010. On the xx of May 2010 I wrote to you stating that the account was in dispute and that Egg had failed to respond to a CCA request dating back 2008. Rather than taking the appropriate action and returning the account to Egg for resolution, you took it upon yourselves to full fill the now grossly overdue request.

 

Despite knowingly being in dispute of my CCA request, in October a default was filed by yourselves on my credit report.

 

Not only is this a breach of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Trading's debt collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998. This should be removed without delay from my files.

 

Furthermore, the content of your letter dated xx/11/10 DOES NOT SATISFY my request. The document you have provided is similar to other Egg ones which have previously been proven to be unenforceable, in this particular case, the validity is further brought in to question since it is a multiple agreement and DOES NOT contain the prescribed terms.

 

Secondly, you have failed to provide evidence that Aktiv are now the owners of this alleged debt.

 

Finally, you have failed to justify the amount in question, the figure quoted is not recognisable and evidence is required to substantiate it.

 

Therefore I consider my previous dispute with Egg from 2008 has NOT been answered, neither has my dispute with Aktiv from May 2010.

 

Since both yourselves and Egg are now in default of my Consumer Credit Act agreement request, I consider this account to be in SERIOUS DISPUTE. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that either this account is returned to the Egg for resolution of these defaults and breaches, or Aktiv Kapital (UK) Ltd comply fully and supply the ALL the information requested.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Tradings Collection Guidelines

 

If Aktiv chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

I hope that this will not be necessary and an acceptable solution can be accomplished. I would appreciate your due diligence in this matter.

 

Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment.

[nicklea]

I'm not too sure what you are trying to achieve with this letter.

 

Despite knowingly being in dispute of my CCA request, in October a default was filed by yourselves on my credit report.

There is nothing wrong with them doing this. Not replying to a CCA request merely means that they cannot enforce it in court until such time as they do comply.

 

Not only is this a breach of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Trading's debt collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998. This should be removed without delay from my files.

I'm afraid that you are wrong on all of the above. Reporting the state of an account to a credit reference agency, even when there is no enforceable agreement - never mind merely not just having replied to a CCA request - is in now way unlawful. It does not contravene the CPUTR or the OFT guidelines. It also does not come under the CCA in any way.

 

It may possibly be affected by the DPA if there is no agreement. However, they will carry on reporting your data until you send them a section 10 notice under the DPA and enforce it via the court.

Furthermore, the content of your letter dated xx/11/10 DOES NOT SATISFY my request. The document you have provided is similar to other Egg ones which have previously been proven to be unenforceable, in this particular case, the validity is further brought in to question since it is a multiple agreement and DOES NOT contain the prescribed terms.

You are saying here that the agreement is not enforceable. This is an entirely different issue. Also, it still does not prevent them from reporting the state of the account to a credit reference agency. However, when you talk about Egg accounts not being enforceable I take you are aware of Slater v Egg in the High Court.

Secondly, you have failed to provide evidence that Aktiv are now the owners of this alleged debt.

You do not say if you have already asked Aktiv Kapital for this information. They do not need to provide this proof unless you specifically request it. It is enough for them to simply tell you that they now own the debt.

Finally, you have failed to justify the amount in question, the figure quoted is not recognisable and evidence is required to substantiate it.

This is perfectly reasonable and you do have every reason to raise this issue.

Therefore I consider my previous dispute with Egg from 2008 has NOT been answered, neither has my dispute with Aktiv from May 2010.

 

Since both yourselves and Egg are now in default of my Consumer Credit Act agreement request, I consider this account to be in SERIOUS DISPUTE. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Egg sold the debt to AK so from that date it is nothing to do with Egg. From the attachments given above they do appear to have complied with the CCA request, I'm not too sure what part of it you claim they haven't - you might like to put that in your letter. It may be that they have not included your address at the time that you took out the loan or that either the original or uptodate terms are not included but you do not make it clear what you believe is missing.

Now I would respectfully suggest that either this account is returned to the Egg for resolution of these defaults and breaches, or Aktiv Kapital (UK) Ltd comply fully and supply the ALL the information requested.

AK have purchased the debt from Egg, why would Egg wish to buy it back from them. Please remember that, in your case, AK is not a debt collector, they have actually purchased the debt and so own it. Apart from the CCA request I can't see anything else that you've asked AK for and they have responded to your request.

So what more do you want from them.

[scrambledbyegg]

CHeers for the input I'll remove the stuff about the CRA. I thought Egg couldn't sell a disputed account? It wasn't just the validity of the agreement, under a DPA request I found that they passed the account to a DCA before the default notice was up, it even shows me phoning them and them stating that it had been defaulted. At the time I didn't understand it all and it was only later thanks to this site that I followed it up.

 

When AK first got in contact I asked them for an NOA, the rep on the phone refused and stated that I had no right to see one. I'll limit the letter to this, validity of the agreement (miss sold PPI attached which Egg have admitted) and the amount they quote which nicely ignores monies paid to CQ. If that doesn't work I'll follow uup with a DPA SAR, happy to drag this out as long as possible as it is nearly five years since the last payment was made.