aktiv kapital - default notices

[mcvey123]

Hi there

 

I have been wrangling for some time with these people.

 

So far, they have informed me that they are unable to provide me with either a copy of the original agreements or default notices as the original creditor (First National Tricity Finance) have been unable to supply it to them.

 

I gave them 28 days to remove the 2 default notices from my file and yesterday received a letter saying that they can't do that but since I have made payments to them, then this is a type of admission of liability on my part (which apparently wouldn't stand up in court) and offered to reduce this so-called debt from £450 to £200.

 

I have contacted the credit file companies but they have just fobbed me off with the information commissioner details.

 

What should I do next - contact the info commissioner or do I need to fight them in court?

 

I would be really happy to get rid of them once and for all and so am happy to fight them all the way!

[NailPost]

Write to the information commissioner outlining what has happened. Do so briefly offering full details and copies of correspondence etc later. Ask the IC to take action to remove the defaults.

 

Write to the OFT to report this compnay for failing to comply with the law. Don't expect them to do anything though.

 

You don't have to write to aktiv and you should be aware that failure to comply with the request means any action they take is unenforceable. Some would say no details = no debt.

[mcvey123]

Further to writing to the information commissioner, and sending them all the documentation regarding these problems, I received 3 telephone calls from aktiv within 72 hours where I refused to speak to them on the first 2 occassions. On the third occassion, the customer advisor duped me into talking to her by stating that she was trying to solve the problem. However 30 seconds in to the call she was trying to get me to admit to guilt and seriously interrogating me about the account (highly unfair as she called me on my mobile and I didn't have information to hand and she obviously had my account on the screen in front of her) She proceeded to tell me that the information commissioner wouldn't take my claim seriously and what the outcome would be, etc etc.

 

I got a bit annoyed as I know I have already paid these debts and they are still sitting on my file as Aktiv had "bought them over" and are chasing me for them. However, since they are unable to provide me with a copy of the original agreement (requested in July) along with the default notice, I believe that the debt is unenforceable. I posted a copy of the letter where they admit that neither they or first national are able to provide these to the info commissioner so I feel like I am in the right. I terminated the call as the girl became quite cheeky and I wasn't getting anywhere with it - or rather, she wasn't able to trick me into anything. She was trying to say that since I had agreed a minimum payment with them, that was an admission of liability - no, I said that was a response to your continual harrassment!

 

Since this call i received a letter from the info. commissioner which gave my case a number. So I wrote back to them detailing the telephone conversation. I also wrote to aktiv a letter of complaint about it and a request (again) that they only contact me via letter format.

 

Does anyone know how long it takes the info commissioner to sort it out?

 

I also had written to equifax asking for them to remove the default notices as Aktiv had been unable to supply me with a copy of the default notice and original agreement but they refused to saying that they contacted them and Aktiv confirmed that I defaulted with first national, and basically they took their word over mine without a copy of either documents!

 

Aktiv are extremely hard to sort out - has anyone had any luck?

 

Should I take them to court for harrassment???

 

I would really appreciate any help!

[mcvey123]

The information commissioner has come back to say that they believe that I was in default with the original credit supplier i.e. first national, and that they refuse to remove the default notice despite the fact that no one has been able to supply a copy of it or the original agreement taken at the time.

 

The only other option is to pursue first national and ask them to supply a copy of the original agreement and a copy of the default notices and see how that pans out. failing this, I shall take aktiv kapital to court and at least the judge will see that I have pursued all options.

 

Any advice?