Jump to content


  • Tweets

  • Posts

    • doesn't matter you've admitted about the DN and anyway where have you done that and to whom?   by assignment arrows are the creditor regardless to your acking of that fact or not.      
    • Just ignore the letter.   Block/bounce their emails or let them come through so you know what they're up to, and keep us posted.............   😎
    • Thanks DX,   I've already admitted that a default notice was served in 2010 by MBNA, so it seems I might be left hoping that they're unable to produce the original CCA.   I've never acknowledged Arrrow as the creditor and continue to pay MBNA.  Is that in my favour?   Cheers,   Richard.
    • For PCN's received through the post [ANPR camera capture]       please answer the following questions.       1 Date of the infringement  10/07/2019       2 Date on the NTK [this must have been received within 14 days from the 'offence' date]  12/07/19      3 Date received  13/07/19      4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?/    Yes      5 Is there any photographic evidence of the event?  yes      6 Have you appealed? [Y/N?] post up your appeal]  yes  Have you had a response? [Y/N?] post it up  yes      7 Who is the parking company?  Civil enforcement      8. Where exactly [carpark name and town]    10B QUEENS ROAD, CONSETT, DH8 0BH       For either option, does it say which appeals body they operate under. Yes    …………………..     This is what I sent to CE appeal in my own words   Reason For Appeal: Firstly I had an appointment at that time with the dentist. My last visit 2 years ago the car park was free and was not aware of the new parking system.   The sign at the front is very obscure especially turning right into the car park. Where I did park, the sign opposite was turned 90 degrees making it hard to see.   The door at the surgery was wedged open when I entered not realizing there was a sign relating to the new system . I cannot remember if there was any signs inside the surgery but once in I always pick up a magazine to read until the dentist is ready to see me.      My statement and evidence to POPLA. in response to CE evidence highlighting main arguments.   Par 18 . The image submitted from the Appellant of a sign slightly turned is still readable and is not obscured...….. Me Not from where I was parked. A photo from the bay shows a pole with the sign facing away.  Par 18 . Furthermore, it highlights that the Appellant was aware of the signage on the site and failed to comply with the terms and conditions regardless.......  Me I treat this paragraph with contempt. There is nothing to "highlight" here as I maintain I did not see any signage; Regardless ? I could have legally parked right outside the Surgery as there were spaces at the time but having "regard" for disabled and elderly, parked further away having to cross a busy road to the Surgery. Par 20....,. Furthermore, the Appellant failed to utilise the operator’s helpline phone number,,, (displayed at the bottom of signage) to report the occurrence, or to request advice on what further action could be taken.... Me How could I have done this ? I only realized there were signs there when the PCN arrived. Summary. I stand by statements and maintain that I did not see any signage entering or leaving the car park. The main sign at the entrance is too small and easily missed when you have to turn right though busy traffic and once through carefully avoid pedestrians, some walking their dogs. The main sign is blank at the back. When you leave the car park I would have noticed the private parking rules if the writing was on both sides. Roadworks signs close to the parking sign at the time did not help either. [see photo] CE evidence is flawed, illegal and contemptuous. Photos submitted are from months ago, Today I have driven into the car park and noticed the same signs turned 90 degrees including the one opposite my bay. CE have done nothing to rectify this disregarding my evidence and the maintenance of the car park. Showing number plates is a total disregard to patients privacy and I object to these photos being allowed as evidence on the grounds that they may be illegal.    POPLAS assessment and decision....unsuccessful   Assessor summary of operator case   The operator states that the appellant’s vehicle was parked on site without a permit. It has issued a parking charge notice (PCN) for £100 as a result. Assessor summary of your case   The appellant states that he parked on site to attend a dental appointment. He states that the terms of the site had changed since the last time he parked two years ago. He states that signage at the entrance to and throughout the site did not make the terms clear. The appellant has provided various photographs taken on and around the site. Assessor supporting rational for decision   The appellant accepts that he was the driver of the vehicle on the date in question. I will therefore consider his liability for the charge as the driver.   The operator has provided photographs of the appellant’s vehicle taken by its automatic number plate recognition (ANPR) cameras. These photographs show the vehicle entering the site at 14:17 and leaving the site at 15:13. It is clear that the vehicle remained on site for a period of 56 minutes.   Both the appellant and operator have provided photographs of the signs installed on the site. The operator has also provided a site map showing where on site each sign is located.   Having reviewed all of the evidence, I am satisfied that signage at the entrance to the site clearly states: “Permit Holders Only … See car park signs for terms and conditions”.   Signs within the site itself clearly state: “DENTAL PRACTICE PERMIT HOLDERS ONLY … ALL PATIENTS AND VISITORS MUST REGISTER FOR A PERMIT AT THE PRACTICE RECEPTION ... IF YOU BREACH ANY OF THESE TERMS YOU WILL BE CHARGED £100.”   The signs make the terms of parking on the site clear, are placed in such a way that a motorist would see the signs when parking and are in line with the British Parking Association (BPA) Code of Practice.   The operator has provided evidence to show that a search for the appellant’s vehicle has been carried out against the list of vehicles for which a valid permit was held on the date in question. The appellant’s vehicle does not appear on this list.   The appellant states that he parked on site to attend a dental appointment . I accept that this may have been the case, however I do not accept that this entitled the appellant to park on site outside of the terms.   The appellant states that the terms of the site had changed since the last time he parked two years ago. The operator’s photographs of the signage on site are dated 27 March 2019.   It is clear based on these photographs that the terms had been in place for at least three months by the time the appellant parked, which I am satisfied was a reasonable period for any regular user of the site to adapt to any change to the terms.   The appellant states that signage at the entrance to and throughout the site did not make the terms clear. He has provided various photographs taken on and around the site.   As detailed above, I am satisfied based on the evidence as a whole that signage made the terms sufficiently clear. I am satisfied from the evidence that the terms of the site were made clear and that the appellant breached the terms by parking without registering for a permit.   I am therefore satisfied that the PCN was issued correctly and I must refuse this appeal.   docs1.pdf
  • Our picks

blondiegirl

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

style="text-align:center;"> Please note that this topic has not had any new posts for the last 1719 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

CCA Letter sent to Aktiv Kapital. Let's see if they reply.

 

 

 

 

 

Barclaycard assigned debt to Aktiv Kapital April 2011 £2,789


- BlondieGirl

Share this post


Link to post
Share on other sites

See from my earlier posts on your other threads for further info please seck and update each thread lease


If I have been of any help, please click on my star and leave a note to let me know, thank you.

Share this post


Link to post
Share on other sites

Letter sent to Aktiv kapital. It says that it was assigned to Aktiv from Barclaycard in April 2011. Appears as 'Barclaycard' on credit report. Pay £11 a month to them through the CCCS/Step Change. Current balance says 'closed April 2011' and 'report until April 2017' although not defaulted. A/C opened 1999.

 

CCA requested, no SAR as of yet.

 

Barclaycard assigned debt to Aktiv Kapital April 2011 £2,789


- BlondieGirl

Share this post


Link to post
Share on other sites

Hi Blondie and please keep us updated.

 

:-)


We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Share this post


Link to post
Share on other sites

Aktiv Kapital have responded as follows:

 

"We refer to your request for documentation/further information regarding your agreement with Barclays Bank PLC T/A Barclaycard under sections 77 to 79 of the Consumer Credit Act.

 

Whilst we endeavour to obtain documentation within the prescribed time scales, due to the fact that we have to try to obtain documents from the original creditor we may be unable to do so, your account is on hold and has been removed from the collection process whilst we await the requested information."

 

So what now? Do I sit and wait?


- BlondieGirl

Share this post


Link to post
Share on other sites

Hi Blondie,

 

Yes, you don't need to do anything until, and unless, AK provide a reply that complies with the requirements of s.78 CCA1974.

 

:-)


We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Share this post


Link to post
Share on other sites

So I carry on paying them every month as per usual?

 

They will soon have passed the 12+2 days, and I doubt they'll get anything to me (although there's a chance they will). Then what? If they can't provide anything what should I do?

 

But if they supply this true copy of the signature, do I just watch them report to the credit reference agencies that we have an 'arrangement to pay' in place forever more?


- BlondieGirl

Share this post


Link to post
Share on other sites

No you STOP payments.

 

Otherwise they will simply fleece you blind without showing you the paperwork.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Share this post


Link to post
Share on other sites

So assuming they provide me nothing over the next week or so, I stop payments. Then what? How do I repair my credit file if this debt is unenforceable?


- BlondieGirl

Share this post


Link to post
Share on other sites

Once they are out of time for sending you the agreement, YES stop payments then.

 

Once it is on your credit file, unless the info is incorrect then it will be very hard to get it removed, it will stay on your file for 6 years from the date it was added.

 

You could always issue them with a S.10 DPA notice to stop processing your data, but again I'm not too sure how effective this will be?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Share this post


Link to post
Share on other sites

But isn't the info incorrect if it was unenforceable? And then they could continue to report me as not paying, arrears, debt plan etc etc forever more??????

 

This is the main problem. Sorting the reduced payments/debts/CCA etc is one thing. But the fact that these companies are reporting to CRAs that we're on a plan has put our life on hold. And as it will take a long time to pay them back, we'll be nearing retirement before any 'repair' to our credit files can begin. We don't want to get into more debt, but we can't move (not even rent elsewhere and get a buy-to-let mortgage), we'd be in massive trouble if the car breaks down because nobody will lend, or lease vehicles to us. I am at my wit's end.


- BlondieGirl

Share this post


Link to post
Share on other sites

Hi Blondie,

 

The only way you could get this a/c removed from your CRA files is if :-

 

1. There is NO credit agreement, or........

 

2. There are a significant amount of penalty charges on the a/c that you could reclaim. In doing this, you can also seek removal of data from the CRA files, on the basis that the arrears include, or are made up entirely of, unlawful penalty charges.

 

In any event, the CRA data should not be reported beyond 2017.

 

Whether you continue to pay nominal amounts, or you stop paying due to lack of necessary paperwork, or the full debt is cleared, the CRA data will disappear in 2017.

 

:-)


We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Share this post


Link to post
Share on other sites

Why 2017? It says in the credit report that the AR should remain for 6 years until after the debt has been paid off.

 

There were arrears and fees applied, I am pretty sure of that. And I will SAR them. Although they are older than 6 years, or around 6 years.

 

So if no CCA can be provided, they will have to remove this file??? So in theory, problem solved??? Seriously??


- BlondieGirl

Share this post


Link to post
Share on other sites

Defaults marked on credit files automatically drop off six years after they have been placed on there, regardless if they have been paid or not.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Share this post


Link to post
Share on other sites

Yeh, I know.

 

I wrote:

 

"Why 2017? It says in the credit report that the AR should remain for 6 yearslink3.gif until after the debt has been paid off.

 

There were arrears and fees applied, I am pretty sure of that. And I will SARlink3.gif them. Although they are older than 6 years, or around 6 years.

 

So if no CCA can be provided, they will have to remove this file??? So in theory, problem solved??? Seriously??"


- BlondieGirl

Share this post


Link to post
Share on other sites
Why 2017? It says in the credit report that the AR should remain for 6 years until after the debt has been paid off. - Adverse CRA data will show for 6 years from when you fell into arrears or shortly after then. Markers should fall off the CRA files 6 years later.

 

There were arrears and fees applied, I am pretty sure of that. And I will SAR them. Although they are older than 6 years, or around 6 years. - Send off a SAR asap to get info on charges. These can be reclaimed from BC with compound restitutionary interest. If the charges are older, the effect of compound interest can be significant and make a large difference to the debt balance.

 

So if no CCA can be provided, they will have to remove this file??? So in theory, problem solved??? Seriously?? - If they can't produce the actual signed credit agreement, they may be able to offer a reconstituted one to comply with the Reg'ns.

 

Wait and see how they reply and we'll take it from there.

 

:-)


We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Share this post


Link to post
Share on other sites

OK, thank you.

 

I'll get SARs sorted on all of them.

 

Thanks :-)


- BlondieGirl

Share this post


Link to post
Share on other sites

Noted.

 

Also, with your a/c opened in 1999, this acts in your favour as regards the bank's need to produce the original signed agreement. Without the original doc't, BC would be less likely to win court action to recover the debt.

 

However, I realise this is not necessarily your main concern.

 

:-)


We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Share this post


Link to post
Share on other sites

Quick question :-) As they say that my a/c is "on hold and has been removed from the collection process whilst we await the requested information", should I stop my payments to them?


- BlondieGirl

Share this post


Link to post
Share on other sites

Until they reply adequately to your CCA request, you have no need to pay them, as discussed above in posts #9 to #12.

 

Have you sent off the SAR to BC for this a/c yet.

 

:-)


We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Share this post


Link to post
Share on other sites

Thanks for your reply :-)

 

No, I haven't sent the SAR yet. I have bought the postal orders though :-) The link that someone posted for the SAR letter didn't work so I need to find the letter and get it sent.

 

If they are putting the account on hold, does that mean that they can't report on it do you know??

 

Thanks for your reply :-)


- BlondieGirl

Share this post


Link to post
Share on other sites

No, being put on hold simply means they will divert their attention to someone who is less educated in the rules surrounding debt collection

and exploit them, before returning their attention to you in the hope you won't have learnt any of their latest tricks...

 

They will continue to report on your credit file, as it gives them a sense of purpose... :heh:


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Share this post


Link to post
Share on other sites

Hi Blondie,

 

From the Data Protection section of the Library - http://www.consumeractiongroup.co.uk/forum/showthread.php?387306-Full-Subject-Access-Request

 

:-)


We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Share this post


Link to post
Share on other sites

I've just received a letter from Aktiv Kapital headed from Barclaycard. They say:

 

"I refer to your request for information.

 

The information we must provide to you under the terms of Section 78 of the Consumer Credit Act 1974 ........the creditor shall give the debtor a copy of the executed agreement (and any document referred to in it) and a statement of the account.

 

A statement of your account is below:

- the current credit limit is £0.00

- the current balance is £2,729.33

 

Due to the current status of your account, the full balance is now due.

 

We are currently unable to provide a copy of your credit agreement. We accept that we are therefore prevented from enforcing our agreement with you while this state of affairs continues.

 

Notwithstanding that we cannot currently enfore the agreement, our rights continue to exist under the agreement. You should thereofre continue to pay the debt that has accrued on your account. We can and will continue to take any action short of enforcement, which includes reporting to credit reference agencieswithout also telling them that the debt is currently unenforeceable, demanding payment from you, issuiong a defaulted notice to you and instructing a third party to demand payment or otherwise seek to procure payment. We refer to you the case of Philip McGuffick v The Royal Bank of Scotland (2009) EWHC2386 in which is was held that none of these steps constituted "enforecement" for this purpose.

 

Please note that the decision in Carey v HSBC (2009) EWHC 3417QB makes it clear that an unfair relationship cannot be said to have arisen between us as a result of the fact that we haven't currently complied with section 78 of the Act. To the extent, that you seek to allege that an unfair relationship has arisen, such allegations will be opposed.

 

This completes our obligations under Section 78."

 

What now?!! Please and thank you :-)


- BlondieGirl

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...