Lloyds TSB loan and Aktiv Kapital (Disputed balance enquiry)

[dx100uk]

proves there is something WRONG with the debt then

 

dx

[moneyworries]

Haha maybe...this is going to make me sound realky stupid now but if AK have to send a copy of any/all information they have which relates to me, should this not include things like loan paperwork etc? I did CCA them as well but haven't heard back

[dx100uk]

there is no compulsion to include a copy of the CCA within an sar.

 

if they've failed the 21+2 days CCA timeline

 

time to send the failure to comply letter

 

dx

 

 

dx

[BRIGADIER2JCS]

I think someone has been confusing things here.

A CCA request (£1 fee) is for credit agreement plus statement nothing else

A SAR (Fee £10) is for all the PERSONAL information a company holds on you, but there is no obligation for the agreement to be supplied with this.

[moneyworries]

I sent both just to be sure as I thought that this was the case. I just find it to be a bit of a paradox given that credit agreements would count as personal information in just about every other context. Idle musing that's all

[BRIGADIER2JCS]

It happened because the Regulated Consumer Credit Agreement is a document that a copy of which MUST be given to you at the inception of the agreement.

 

The provisions for obtaining a further copy of a CCA are laid down in CCA 1974 specifically, but are not mentioned in DPA 1998.

[raydetinu]

Debt should have been frozen at the time you agreed repayment plan; also the amount should have based on what you can afford at the time.

[moneyworries]

Hi everyone

To date, I have heard nothing from Lloyds re the SAR request. AK have acknowledged my CCA request with what seems to be a standard letter saying that they will endeavour to respond within the prescribed timescales but that they need to obtain documents from the original creditor. They have explained that my account is on hold....

[dx100uk]

they still only have 12+2 WORKING days

 

once that has passed

 

stop any payments

and send the failure to comply letter

 

dx

[moneyworries]

Even though AK have responded? Have they failed to comply because they need to get docs from LTSB ? Sorry, I'm not fully au fait with this, I don't mean to sound daft !!

[dx100uk]

not with an enforceable cca they haven't

 

dx

[moneyworries]

Gotcha....I'd have thought that with the fact there are groups like this getting people in the know that debt agencies wouldn't even buy a debt that large unless the OC can provide all the right paperwork(!)

[BRIGADIER2JCS]

Debt is sold in bulk portfolio lots, with little data other, than that you will see on a CRA file, the debtors name/address/contact details/ the name of the original creditor/ and the amount owing.

 

There is no paperwork provided.

[moneyworries]

Hello again

AK have replied to my CCA request.

 

They've provided a stack of screenprints which show payments made from December 2004-Nov 2009.

 

The original reason I raised this thread was because I believed that the balance AK were demanding was incorrect

 

I 'm not sure what to do now as the last payment on the system was 2009

I don't know what balance my repayments were at when Lloyds sold the debt which doesn't solve the original point.

 

Llotds still haven't responded to my SAR.

 

AK's letter is not aggressive but requests a payment prposal within 14 days.

 

Any advice is as always appreciated

[BRIGADIER2JCS]

How long ago did you send the SAR time scale is 40 calendar days from the date the creditor receives the request.

[moneyworries]

Ah, they may still have a few days then. I thought it was 30

[moneyworries]

Hi

I've started a new thread to avoid confusion! There is a link to the old one below.

 

I posted previously about a Lloyds TSB debt which has been sold to Aktiv Kapital.

 

 

When I received AK's Notice of Assignment I sent a CCA and SAR request to them as well as an SAR request to Lloyds TSB.

My reason for doing so was that prior to Lloyds selling the debt to AK,

I was in the process of requesting a reclaim for substantial bank charges from LTSB dating back throughout the loan.

 

 

Lloyds had already agreed a PPI refund (PPI was probably responsible for some of the bank charges!)

but had stayed all decisions re penalty charges until the result of the recent court case

as a result of which I re-opened my request for a refund of charges.

In the meantime however, they have sold on the debt.

 

Lloyds have not yet responded to my SAR but still have 3 days remaining.

 

AK responded to my SAR simply with a screenprint of my details as a new "customer" and a scanned copy of the original NOA

 

AK's response to my CCA request was a letter to explain that they were requesting details from LTSB

which was then followed by a payment history for the loan in the form of a series of statements dated from 2004-2009.

They have explained that they believe their obligations in proving the existence of the loan satisfied

and now want a repayment proposal within 7 days.

 

I have been using Payplan as part of a DMP so I am clearly not trying to deny that my loan exists,

but I believe that LTSB should not have sold this debt on whilst it was in dispute

and therefore the balance which AK believe to be owed is (in theory) incorrect as it contains various penalty charges etc.

 

I genuinely believe that LTSB would have had to refund my charges if my enquiries had not been interrupted by the sale of the deb

t hence my reason for disputing the balance of the loan with AK.

They of course remain steadfast as they have an NOA with the balance figure.

 

Payplan have been no help and neither have CAB. Should I be paying Aktiv Kapital anything? Here's a link to my previous thread if it's needed. http://www.consumeractiongroup.co.uk/forum/showthread.php?396170-Dodgy-Notice-of-Assignment&p=4353761#post4353761

 

All advice is as always gratefully received

[2Grumpy]

This raises the question of whether a fixed debt amount or an account has been sold

 

I think that to sell a fixed amount of debt, the bank has to create some sort of financial instrument to sell

 

That only leaves them having sold an account. You should ask AK if they are now responsible for the PPI reclaim and refund of charges incorrectly applied as well as liability for any future legal action that you might take