you will laugh at this

[brecken]

Thank you all for your reply's, I have wrote Aktiv a letter reminding them that they are the ones who have committed an offence by not supplying me with the origional doc's, and asking them to remove the default straight away, I will let you know how I get on.

 

Cheers, Brecks xxx

[Glenn UK]

Meagain excellent idea

 

heres a link which supports what i/we have been saying

 

http://www.consumeractiongroup.co.uk/forum/legalities/25770-defaulted-account-balance-owing.html?highlight=settlement#post201150

 

HTH

 

Glenn

[brecken]

I have had a letter back from Aktiv saying.

 

Your recent communications in respect of the above account refers.

 

We have requested the information reqiured from Lloyds TSB and we are waiting a response from them. However please find eclosed a statement showing payments made by yourself to Lloyds.

 

Please bear with us as this information takes time to be produced

 

We will write to with our findings in due cousre.

 

 

It is the same letter I recived when I first sent of the request for the origional agreement and The list of payments does not have the final payment on it.

 

What do I do now.

 

The default has I have said was issued for the remaining balance and after my cca request was ignored.

 

I want this default removed.

 

Brecken xx

[brecken]

I have just spoke to someone at aktiv who as told me that they have once again requested a copy of the credit agreement from Lloyds and he asked me to give him amother 2 weeks, I agreed to do this, but what happens after the 2 weeks are up what action should I then take.

 

they may not be able to enforce the debt but it will still be on my credit file for another 6 years.

 

Please help.

[brecken]

Anybody ?

[elsinore]

AK will not readily agree to anything you ask (demand) of them. In my view, the only way to get their attention will be to apply to the courts for an order instructing them to remove the default. This is what I plan to do when the time is right.

 

When you sent your CCA request did you state that the balance claimed was in dispute?

 

Elsinore

[coldcarpet]

my understanding on these matters are if you and the bank agreed a short settlement on a account a p flag in indicatared on your credit file to advsie a amount is out standing but not being chased for or collected by the bank, and account closed and settled anything les than 80% of the full amount outstanding is classed a a short settlement + p flag indicatored

[Enron]

I would also be tempted to contact the Information Commissioners Office is they are unable to provide your CCA.

 

Complaint forms available here:

 

http://www.consumeractiongroup.co.uk/forum/general/56482-having-problems-getting-your.html

 

I would also outline maybe in a letter if you do not wish to include in the forms, that they requested a copy of a document containing a copy of your signature which you were extremely dubious about before receiving your CCA.

[brecken]

When I fill in the complaints form do I name Aktiv who are dealing with things just now, or do I name Lloyds tsb who are the origional company.

 

Brecken x

[elsinore]

Aktiv

 

Elsinore

[Enron]

Yep, Aktiv as they are the company you are dealing with, and who you are having problems with.

 

Pretty sure that the Information Commissioners Office can cause them alot of trouble if they are upto naughty things with regards to asking for a copy of your signature.

 

Would probably be wise waiting for the allowed period for the CCA request period to expire (28 days if memory serves me right), then contact the Information Commissioners Office to say that Aktiv have failed to produce your CCA and when you spoke to them they were very insistent that you send them a copy of your signature which you were extremely suspicious of.

[brecken]

I will send off my complaint straight away, although this wont alter the fact thay have issued a default. still unsure how to have that removed from my credit file.

 

Thanks all,

Brecken.

[andrew1]

Maybe I'm wrong, but I was under the impression that a default can only be issued by the creditor. Aktiv don't 'own' this debt do they so they wouldn't be the creditor? They are collecting it on behalf of the bank. You can only default if you have come to an arrangement to make payments and have defaulted on payments, but not if the debt is not owned by the dca.

[elsinore]

You'rs right Andrew, a default should only be placed by the creditor. But AK don't bother with pesky little details like complying with the law.

 

What should happen is this:-

Lender places default.

Lender sells/transfers debt to DCA

Lender ceases to be creditor and removes default.

DCA becomes creditor

DCA places default to relace original.

 

The fact that the DCA has little or no proper documentation to support their position as creditor is of little or no consequence to them (until they get caught out, that is).

 

I, and many others on here, have two deaults for the same debt! That's because the original lender couldn't be bothered to remove it. The irony is that, in many cases, neither default is legitimate, because the debt is made up of unlawful charges!

 

Until recently they have just gone on in their own sweet way, flagrantly breaching codes, regulations and laws. As long as we all follow through and hit them hard,then the game is up for them.

 

Elsinore

[andrew1]

Oh boy, right for once

 

You mention the procedure elsinore, ' lender sells/transfers debt ' BUT.. they can't default can they if the are only CHASING the debt for the original creditor OR unless, in the case of purchased debt ONLY, once you have entered a repayment plan and not kept to it?

 

 

This is where I have the problem because Cabot bought a debt ( in the circumstances you described where it is all charges) from Citi Financial in 2004, citi logged a default exactly the same time Cabot (Kingshill No1 Ltd) bought the debt and at exactly the same time Kingshill registered another default which both remain to this day.

 

Cabot never came to any repayment arrangement or contacted me re DPA info and because of these (and a couple of other defaults) I have to pay extortionate interest on a loan I took out, so I am looking into trying to reclaim the additional cost cos neither default should be there at all.

 

By the way, I am well versed on Cabot so I have all I need in handling them.

[elsinore]

Andrew, you know they can't default, I know they can't default, everybody knows they can't default, but they still do it. I daresay they've lodged a few defaults today that they shouldn't have done!

 

If you can prove, if necessary to the satisfaction of a court, that the DCA had no right to default you, then you should have no trouble getting the default removed.

 

When you have suceeded in reclaiming the charges from Citi, then you will have grounds for demanding the removal of that default as well

 

I'm glad to say I've had no dealings with Cabot. Some of the stories on here involving them make me cringe!

 

None of them take any notice of what is required of them, until they are faced with court action.

 

Apologies brecken, mini-highjack over! Just having a rant, but it's all relevant I hope!

 

Elsinore

[brecken]

Andrew, you know they can't default, I know they can't default, everybody knows they can't default, but they still do it. I daresay they've lodged a few defaults today that they shouldn't have done!

 

If you can prove, if necessary to the satisfaction of a court, that the DCA had no right to default you, then you should have no trouble getting the default removed.

 

When you have suceeded in reclaiming the charges from Citi, then you will have grounds for demanding the removal of that default as well

 

I'm glad to say I've had no dealings with Cabot. Some of the stories on here involving them make me cringe!

 

None of them take any notice of what is required of them, until they are faced with court action.

 

Apologies brecken, mini-highjack over! Just having a rant, but it's all relevant I hope!

 

Elsinore

 

Dont apologies Elsinore, I have learnt a lot from your post and I will be dealing with Aktiv accordingly, can I ask what action should I take in having the default removed you mention court, How do I go about that, what forms do I fill in. who do I speak to ?

 

I have such a bad head, I think I need a drink.

 

Brecken xxxxx

[elsinore]

You will need to complete a form N244 which you can find here. Have a read of it and if there are parts that need clarfication, just ask.

 

You can complete the document online but you cannot save it, only print it. You might prefer to get a hard copy from your local County Court and fill it in manually. There is an accompanying leaflet which should help you.

 

Think about what AK have done, not done, what evedence you have and what you might need. Your aim is to establish that AK had no right to register a default, so that a judge will issue an order compelling them to remove it.

 

Post again when you're ready and if you need assistance, we'll try to progress it.

 

Elsinore

[elsinore]

brecken, I forgot to paste the link for the form N244

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/n244_0400.pdf

 

Elsinore

[brecken]

Thanks so much, will let you know how I get on.

 

Brecken xxx

[brecken]

Just had another letter from Aktiv Capital asking for WAIT FOR IT, the £1 stat fee for the infomation I reqiure, are these people for real.

Phoned and explained once again fee already sent info already asked for, info not recived Aktiv in default. Reply was but you still have to pay the amount owed, for god sake what is one to do.

Told them I am not paying the amount owed if you want it you can take me to court, but you cant do that cos you dont have the original aggrement because if you had you would have sent it to me wouldnt you.

Reply was, I will need to pass this to my supervisor to look at.

 

Its like talking to the wall.

 

Rant over,

 

Brecken xxxxxxxxxxxxxxxxx

[elsinore]

 

Its like talking to the wall.

 

 

Yup! That's AK for yer!

 

Elsinore

[brecken]

Havent heard anything for almost a month now, I have wrote and asked them to remove the default but it is still there.

 

On my credit file it says.

 

Aktiv Capital (FNTF) (I) Bank Default Mrs S P***********

 

Terms 0 @ £0 Monthly

 

Balances Limit £0

Start £0

Current + £338

Default £ 564

 

Effective Dates Start 01/10/98

Default 07/2001

End 09/07/2001

Last updated 08/11/2006

 

Monthly Status D

 

 

 

What do you think.