Aktiv Kapital

[klassykitty]

I sent 2 CCA request to Aktiv on 12th May 10 - 1 regarding a Lloyds TSB overdraft which i am now aware they dont have to provide an agreement as it relates to a bank account, and the other regarding GE Capital finance, now im not sure what this is for but it must be some kind of catalogue credit/store card or such like, as i believe thats what GE do.. Aktiv kept my 2 £1 postal orders and i havent received a reply from them regarding either account,, should i send a failed to comly letter regarding the GE finance?? Just unsure of my next step..

[harrassed senior]

Sent the account in dispute letter regarding GE there are several accounts relating to GE I would not think it is a catalogue but may well be a store card?

 

Letter used when a company fail to provide a copy of your agreement within the 12+2 working days timescale after your initial request for a copy of your agreement made under s 77/8 of the Consumer Credit Act 1974 (Highlights in red must be edited)

 

 

ACCOUNT IN DISPUTE

 

Date:

 

Ref:

 

Dear Sir/Madam

 

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. This was signed for as delivered on the **DATE**

You have failed to comply with my request, and as such the account entered default on **DATE** (12+2 days after you made the initial 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 you/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. You will also be aware of the CPUTR 2008 and the OFT's guidelines on debt collection which state under the title Deceptive and/or unfair methods - Examples of unfair practices are as follows - 2.8

 

(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'

 

(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

 

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 would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

[klassykitty]

I sent the account in dispute letter on 9th July and still no reply.. what do i do now?

[harrassed senior]

Nothing, they know they have failed to supply the documentation to continue pressing for payments. They may try again, but in my opinion I would just ignore them. They will probably sell it on to another DCA.

[smokinjoe2]

Even if they do sell it on to another DCA dont worry about it as they legally cant sell an account thats indispute and since they have failed to supply you with a CCA that is a clear dispute. They will probably chance there hand but send them this letter and then ignore any other letters they send...

 

Dear Sirs,

 

Account No: XXXXXXXX

 

I write with reference to the above numbered account. I would like to point out that this account is formally in dispute with **Original Creditor ** and has been since they failed to acknowledge my Consumer Credit Agreement (CCA) Request, in line with s.77-s.79 of the Consumer Credit Act 1974 (CCA1974).

 

As you are no doubt aware, your continual harassment not only breaches the Consumer Credit Act (1974), but also the Data Protection Act (1998-), the Consumer Protection From Unfair Trading Regulations (2008-) and the Office Of Fair Trading's debt collection Guidelines. Being that the Original Creditor is now in default of my CCA Request and OFT Debt Collection Guidelines, I consider this account to be in serious dispute, especially due to the fact that whilst my CCA Request remains in default (outstanding), enforcement action is not permitted in line with s.127(3) of the CCA1974.

 

Consequently, any legal action you pursue will not only be fully and vigorously defended, it will also be averred as both unlawful and vexatious. As such I respectfully suggest that this account is returned to the original creditor for immediate resolution prior to my seeking legal advice; due to the fact you cannot lawfully pursue any enforcement activities as the account was already in dispute at the time you became involved.

 

If you decide 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 and look forward to hearing from you in due course.

 

Yours faithfully

 

 

 

 

Sign digitally

[Gerald Gardner]

I can't take a company seriously that can't even spell correctly, when i went to school they spelt active and capital this way