Aktiv Kapital (Goldfish) CCA - **AP markers removed**

[Bazooka Boo]

No CCA No PAY!

 

They have failed to provide the agreement, as is your legal right, therefore you are well within your right to ignore them.

 

You are now also in the strong position to offer them a F&F offer, BUT on your terms, which will include cleaning your credit file of all adverse data regarding this account.

Plus a measly offer of 1 or 2 % of the total amount.

 

However, I know what I would do, copy that letter and file it away.

 

How long before it drops off your credit file?

[blondiegirl]

I don't have anyting to offer them for a F&F settlement unfortunately. The BIG issue with this account is that they're reporting it as AP so until the balance is paid off + 6 years which could take a LONG time. This is causing major issues for us It could still show in 15 years which would then have been reported for 21 years or so

[slick132]

Hi Blondie,

 

You should NOT be compromised by your ongoing payments and there is guidance in place about this. The reporting of data by the CRA's should only show for 6 years from when the a/c defaulted (maybe a month or 2 after you stopped paying the required amounts).

 

That way, you are not treated unfairly compared to someone who makes NO effort to repay a debt and will see the debt fall off their CRA files after 6 years.

 

[blondiegirl]

But I thought the guidance had changed recently on this? I will be writing to them to BEG them to change the AP markers, default me, whichever. I don't want to get into debt, but we can't do anything regarding housing, car. Nothing. And until the AP markers are gone, our life is on hold. Their references to court cases also bother me.

[slick132]

Hi Blondie,

 

I see no point at all in begging for AP markers to be changed unless they are technically wrong.

 

Get the SAR sent off so you can see how much was added to the a/c.

 

I still stand by my comments at item 2. in post #13 - best way to get adverse data removed is to show that their data is inaccurate due to the debt figure including unlawful penalty charges.

 

[blondiegirl]

I will get the SAR sent off, thank you

 

I don't think there would have been much added. If the balance were in the thousands, there would only have been a couple of hundred pounds added (possibly). Would this be enough to show inaccuracies that would mean the AP markers would have to change? I don't understand why they didn't default me in the first place.

[slick132]

Hi Blondie,

 

If you reclaim all penalty charges with restitutionary compound interest, a couple of hundred in charges could mean a reclaim of £1,000 or more, depending on the penalty dates. The older they are, the greater the effect of compound interest.

 

Read up on this in the BC forum and the Barclays **WON** forum where there are many old and recent examples of *WON* cases.

 

This is probably the best chance of getting adverse CRA data removed.

 

[blondiegirl]

Thanks for replying :0)

 

They have held all interest and charges for the last 6 years. There may have been some added when I was unable to make payments until we went with the CCCS/Stepchange, but not much. I have read elsewhere (moneysavingexpert) where a chap wrote to Barclaycard asking them very nicely to remove the AP markers, which they did; he was in a similar situation. I was going to send the same letter and see if they will help me.

 

I don't suppose you have the link to the SAR letter do you please? Someone was kind enough to paste a link before, but when I tried to use it, it didn't find anything.

[slick132]

Hi Blondie,

 

Does this link work for you - http://www.consumeractiongroup.co.uk/forum/showthread.php?387306-Full-Subject-Access-Request&p=4192184&viewfull=1#post4192184

 

If not, go to the Library button (green writing at the top left of any page) and hit the Data Protection heading. The SAR letters are there.

 

You could ask them nicely to remove CRA markers if you want. No harm in trying.

 

[blondiegirl]

Thanks Slick. That works

[blondiegirl]

Well I flippin' never!! Mini celebration and triumph. Barclaycard and Aktiv Kapital have agreed to amend my credit file and remove the AP markers!!! WHOOPDY DOO!!!! Only MBNA a/cs to sort now

[Guest]

good. what did they actually say, did they say why?

[blondiegirl]

They agreed with me that it was unfair to report AP markers for in excess of 20 years when I have been paying the debt off. She agreed that they should only report for them for 6 years, like a default.

 

As they've sold the debt on, they contacted Aktiv Kapital who have also agreed to remove things their end. It will be done by the end of the week apparently. A very helpful Barclaycard which has made my day!

[Guest]

They agreed with me that it was unfair to report AP markers for in excess of 20 years when I have been paying the debt off. She agreed that they should only report for them for 6 years, like a default.

 

As they've sold the debt on, they contacted Aktiv Kapital who have also agreed to remove things their end. It will be done by the end of the week apparently. A very helpful Barclaycard which has made my day!

 

thats good

[Bazooka Boo]

[slick132]

Hi Blondie and well done for your persistence.

 

This should encourage others to challenge banks and DCA's about the reporting of adverse CRA data beyond 6 years.

 

[blondiegirl]

Oh, and as well as getting the AP markers removed/account removed, they offered me £50 for all the hassle caused

[blondiegirl]

and have also sent the SAR today too, in case there were any fees added 6 years ago.

[slick132]

Yaay !! £50 compensation - better that a poke in the eye !!

 

Let us know about this when you get the SAR response.

 

[blondiegirl]

I'm now starting to get all the SARs back. What a load of confusing printouts!!! Pages and pages and pages of the stuff largely in code and abbreviations.....I half expected more of a bank statement-type thing

[slick132]

Hi Blondie,

 

The SAR is a demand for data, not for specific documents. That's why you may get the data but not in the form of statements.

 

Go through it all carefully so you can identify any penalty charges made, so you can enter them on a site spreadsheet.

 

[blondiegirl]

Hello

 

 

I managed to get Barclaycard to agree to remove my account from the CRAs

which was being reported on for over 6 years as AP.

They were really helpful, called Aktiv Kapital and the account was removed from my credit file

 

So no trace of Barclaycard or Aktiv Kapital was showing.

 

Or so I thought.

 

 

I checked today, and notice for the last 2 months, Aktiv kapital have started to report AP again.

Dec 2014 and Jan 2015.

 

 

They can't do this can they?

 

 

I thought that once a debt had been removed, no DCA or OC can re-add it to my credit file.

 

Help! Please. And thanks

[dx100uk]

I would be copying the BC letter to AK and demanding compensation if they don't remove it pronto

 

 

dx

[slick132]

Hi BG,

 

I would send a letter to AK, and a copy to BC, demanding the removal of the CRA entries and compensation for their actions, failing which you will take court action to seek significant damages.

 

Tell them you require their considered response within 14 days.

 

[blondiegirl]

Thanks everyone I didn't think they could do this.