MR T v AKTIV KAPITAL (advice please)

[onlymepault]

I wrote to aktiv (on 22/09/06) re a default they placed on my credit record back in 02 asking for copy of the original default notice and deed of assignment.The question is how long do I wait before pursuing this I read trough other peoples threads and is it 12 days and then a further 28 days or just 28 days and then whats the next step :?

[Switch]

I wrote to aktiv (on 22/09/06) re a default they placed on my credit record back in 02 asking for copy of the original default notice and deed of assignment.The question is how long do I wait before pursuing this I read trough other peoples threads and is it 12 days and then a further 28 days or just 28 days and then whats the next step :?

 

 

Have a good read of the FAQ and do a search for Aktive Kapital you will find a wealth of information on them.

 

In answer to your question, letter deemed delivered 2 days after posting, then 12 WORKING days and from there 1 calendar month.

 

Hope this helps

[onlymepault]

I didn,t get a reply from aktiv (no suprise there then) sent then a letter informing them that unless they remove default I will be passing all coraspondance to my brief (so I can add legal cost to my claim)and possibly compensation for additional cost on finance mortgage etc:lol:

[onlymepault]

I also sent a letter to all 3 credit reference agencys informing them off aktivs none compliance and there legal right to place default (i.e. I dont beleive they are in posesion of the nescery documents) I have ask them all to contact AKTIV KAPITAL which will increase the presure and I have asked them to supress/remove the default until the dispute is resolved...sorry for the poor spelling

[onlymepault]

just about to complete N1 not sure what to put on it any advice please:confused:

[zootscoot]

On what grounds are you asking them to remove the default?

 

There is no obligation for them to provide a copy of the default notice or deed of assignment under the CCA.

[onlymepault]

on the grounds it shouldn,t be there in the first place + I dont owe them anything and they have not got the legal right to place default unless they can provide proof that they have legal ownership and a debt does acutly exsit.. OR SHOULD WE JUST SIT BACK AND ACCEPT DEFAULT WITH OUT CHALLANGE

[onlymepault]

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.

[zootscoot]

S.77/8 do not refer to a deed of assignment or default notice.

 

How come they defaulted you if you didn't owe them any money?

[lookinforinfo]

Zootscoot, are you saying that it is in order for Aktiv to buy a debt and without

either informing the possible debtor that they have acquired the debt;or asked for

payment; or ascertained that they have the right debtor; can straight away

register a default?

[zootscoot]

I'm not saying anything. You asked for help with wording your N1 and I was wondering what your grounds were in order to assist you with your claim.

[lookinforinfo]

Errrrmmm... sorry Zootscoot, it was me asking the question rather than onlyme.

[zootscoot]

Sorry.. I get confused easily!

 

No they can't register a default if you have not defaulted on an agreement and can apply to have it removed on the grounds that it was incorrectly applied. You need to send a statutory notice under s.10 DPA

[lookinforinfo]

Thankyou Zootscoot-you are wasted in the other sections if that doesn't sound too selfish.

.

[onlymepault]

On what grounds are you asking them to remove the default?

 

There is no obligation for them to provide a copy of the default notice or deed of assignment under the CCA.

I have already done this initialy and sent £1 postal, waited 12 days and then 30 and wrote to them again still no reply, your quote contradicts what i have read on other threads....The default they placed for £707 just sayS BANK? I have never had any coraspondace from these people,might be because of a change of address but hey If they have acted lawfuly then you would think that they would at least reply to my recoded delivery and give me some kinda explination or tell me were they got this alledged debt from...

[zootscoot]

your quote contradicts what i have read on other threads....

 

Always check the law before acting on advice read the Consumer Credit Act s.77 and s.78 no where does it mention the need to provide a default notice or deed of assignment:

 

http://www.passprotect.studio400.me.uk/Consumer_Credit_Act_1974.PDF

 

If you have never had any dealings or correspondence with this company you need to ask the CRAs to remove the data because it is inaccurate.

[onlymepault]

Sorry.. I get confused easily!

 

No they can't register a default if you have not defaulted on an agreement and can apply to have it removed on the grounds that it was incorrectly applied. You need to send a statutory notice under s.10 Data Protection Act

 

I SENT THIS s10 DATA PROTECTION ACT WEEKS AGO AND HAVE GIVEN THIS COMPANY MORE THAN ENOUGH TIME .....SITE HELPER eeeerrrrrr ARE YOU SURE SEEMS TO ME YOUR JUST TRYING TO THROW DOUT WHERE THERE IS NONE..and some people might be put of persuing there case with contradictory comments like yours..I have a right to challange this default and have followed every step as per the advice of those more knowladgeable than myself and possibly your self ....so If youv,e nothing helpful or consructive to add the go HELP someone else

[onlymepault]

Always check the law before acting on advice read the Consumer Credit Act s.77 and s.78 no where does it mention the need to provide a default notice or deed of assignment:

 

http://www.passprotect.studio400.me.uk/Consumer_Credit_Act_1974.PDF

 

If you have never had any dealings or correspondence with this company you need to ask the CRAs to remove the data because it is inaccurate.

 

so site helper are you advising me and others to contact CRAs initaly, correct me if I,m wrong but wont they tell you to contact the company WHO placed the default (in my case AKTIV KAPITAL)WHICH IS WHAT i have done or haven,t you read through my thread before you added you 2p worth

[onlymepault]

No they can't register a default if you have not defaulted on an agreement

[edit] THEY CAN AND THEY HAVE!!! (do you want to see my credit report) as to wether I have defaulted on an agreement the ansa to that is NOT TO THE BEST OF MY KNOWLEDGE that,s why I,m doing all this and writting to this company ...you know the one I. mean the one that doesn,t reply to your letters the one that won,t provibe documeted evidence to prove thet debt does exit ergo the have the legal right to place this default in the first place..ar you tryingto wind me up M8

 

Mod note : Personal abuse will not be tolerated on this forum

[tbern123]

I would suggest, that you show Zoot the respect that he deserves. He is only trying to help you, using his experience and knowledge.

 

You don't have to act on his advice....

[barracad]

so If youv,e nothing helpful or consructive to add the go HELP someone else

 

If you don't want help and constructive advice, then don't bother posting on this forum.

 

ar you tryingto wind me up M8

 

There is only one person doing the "winding up" on this thread, mate, and it certainly isn't Zootscoot.

 

 

-------------------------------------------------------------------

[Whisperwolf]

Reign in the language, asterisked out or not. Treat others how you want to be treated yourself.

 

The first thing you have to do is to get proof from them of what they say the debt is. Give them notice that they are to provide proof that there was actually a debt, which you will study and decide whether or not to challenge. Give them 30 days to comply with that instruction. One of two things will happen.

 

Either they will provide what they say is evidence of a debt, in which case you will have grounds to challenge that if you believe there was never any such outstanding debt, or they will fail to respond, in which case you have grounds to challenge them registering a default against you for a debt they cannot (or have not within a fair amount of time) justify exists.

 

In either case, you then have a definate course of action you can take, either when time is up or when you receive their response. Good luck.

 

Please don't abuse the site helpers, they are only trying to clarify things in their own minds before they post advise, they are not taking sides for or against you and certainly don't deserve sarcastic insults.

[lookinforinfo]

Onlymepault-I am sorry that my intervention in your thread has led to a confusion

in which response was to you and which was for me.

 

When Zootscoot said "sorry...I get confused easily", it was said as a joke as

Zootscoot had missed the fact that I had asked the question, rather than you.

Rest assured that if you have Zootscoot helping you, then you are getting top

class assistance.

 

Also the advice to me send a statutory notice under s.10 of the Data Protection Act

was also advice to me.

This is a totally different line of attack than the one that you used at first.

 

You did an S.A.R - (Subject Access Request) asking for details that a debt existed.

The advice I was given under s.10 was to ask them to remove a default which

should not have been placed.

 

You have not yet received the information back from Aktiv to see what their

justification is [ if any]for placing a default.

If you can make your peace with Zootscoot, you will be in a position where you

too will know that you can ask for the default to be removed.

 

In the meantime, in addition to apologising to you for creating a mix up between

you and Zootscoot, I would also like to apologise to Zootscoot for being the cause

of the trouble.

[onlymepault]

thank you wisperwolf and lookingforinfo for you constructive comments and advice

[onlymepault]

STILL no responce from aktiv(or should that be INaktiv)kapital,however have received responce fron cra,s Experian were the most helpful They say we are contacting aktiv on your behalf and placing the following on your file "the accuracy of this has been disputed etc etc"...Equifax however won,t do any thing until i have completed there notice of dispute form,,my letter not good enough then? hopfully this action will spur aktiv into responce, Is it true that non-monetery claims cost £120.00