alanfromderby GE Money - DSAR (Failed to comply)

[alanfromderby]

Off we go then! Currently paying an old Debenhams chargecard debt via Aktiv Kapital. The original account was closed around 1999, and has obviously been sold on.

 

Sending the DPA request to GE Money (was GE Capital Bank) tomorrow for info on the Debenhams card, also for info on a Burtons and Evans card as well - although the latter two have been paid now. Have also sent a letter to Aktiv Kapital (below), to request the info they hold under the CCA 1974, and informing them that the debt is now "in dispute".

 

This should be an interesting journey as it pushes the statute barring question. I am very interested in establishing that a debt cannot be statute barred for one party - yet still active for the other.

 

This is the AK letter:

 

 

Dear Sirs,

Account Number: xxxx xxxx xxxx xxxx

Aktiv Kapital Ref: xxxx.xxxxxx

Please be aware that I no longer acknowledge this debt to your company, and therefore require you to supply the following documentation before I will correspond further.

 

Firstly, you must supply me with a true copy of the agreement you refer to in this matter. This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974 - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee.

 

I also require that you supply a signed true copy of the deed of assignment of the above referenced agreement.

 

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, under section 189 of the CCA 1974.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested. I am now initiating investigations with GE Capital Bank into the validity of the original amount that was claimed to be owed, and will be in contact with you again in due course. In the meantime please be aware that I consider this matter to be “in dispute”.

Yours faithfully

[Bovvered]

Good on you Alan - can't wait for your update - will be following this closely!!

[Bookworm]

Alan, if you haven't yet, look at my Debenhams thread, and keep an eye on what they do with your £10.00.... It would seem they used mine to re-open my account and give me £2300 to spend... The opposite of banks who close you down, it would seem .

[alanfromderby]

Alan, if you haven't yet, look at my Debenhams thread, and keep an eye on what they do with your £10.00.... It would seem they used mine to re-open my account and give me £2300 to spend... The opposite of banks who close you down, it would seem .

 

 

I only ever go in there to do Christmas shopping - if they do re-open the account, at least I could get Christmas bottomed early this year. LOL

[Guest Lueeze]

STEP AWAY FROM THE STORECARD!

[alanfromderby]

Was that my conscience speaking?

[Guest Lueeze]

Yes its your concience alan...

[Bookworm]

Yes its your concience alan...

 

And it's fading fast, it would seem!

[Guest Lueeze]

Lol!

 

I love those hidden ones!

[mahala]

I'll be very interested to see how this goes. The only blip on my credit info is a default notice from Aktiv Capital for an account in disupte. Three years ago Aktiv Capital were asked to investigate because I made regular monthly payments which were not allocated to the account. We have heard nothing from them other than a couple of "we'll get back to you soon" responses.

 

The original debt was something like £400, which has since been increased to over £600, although they have made no attempt to contact us in that time. I have no idea how much of the original debt was down to charges.

 

 

Hope it goes well Alan

[alanfromderby]

Rec'd letter from Aktiv Kapital this morning with the original credit agreement. All seems to be in order at their end - just a case of waiting to see what comes through from GE.

[alanfromderby]

Decided it is time to turn the heat up on this one. The balance owing through Aktic Kapital is just under £600 for the Debenhams Card, but I am certain that over the three GE card accounts (Debenhams, Burtons, Evans), that the charges will have come at least to that amount.

 

The following letter is therefore going off to Aktiv later this afternoon:

 

 

Further to your letter of 5th May 2006, and the enclosed documents which were requested under the Consumer Credit Act 1974.

 

Please take this as formal notification that this debt is now the subject of legal action with GE Capital Bank Ltd, and therefore cannot be enforced by you, or any other Debt Collection Agency.

 

I would therefore suggest that any further correspondence be directed to GE Capital Bank.

 

Should you attempt any enforcement action the matter will be reported to Trading Standards, and any legal action will be vigorously defended.

 

 

With a bit of luck that will galvenise them into starting a foolish claim against me - or, if they have got any sense, they will realise that the game is up.

[alanfromderby]

Aktiv Kapital are not very happy bunnies!

 

Had a great letter from them this morning saying that they want full details of the dispute I have over the amount owing. This was in response to the letter above.

 

Very interestingly the state that they are "unable to forward any correspondence to....GE Capital Bank Ltd". They seem to have misunderstood what I said, but if they are saying that they have no dialogue with GE over this debt, then that makes thing very interesting.

 

Now, I do have one question which I would be interested in having some feedback on.

 

In September 2001, the debt was sold to Aktive Kapital. A year prior to that, GE obtained a CCJ.

 

Is it legally possible for a DCA to enforce a CCJ obtained by the original creditor, or am I correct in thinking that the company who originally obtained the CCJ would have to action any further enforcement?

 

If I am correct in that thought, and Aktiv do not have any channels of communication with GE, that would be game over!

[elsinore]

Alan, you have probably read Mahala v Activ Kapital and Seminole's cautionary post.

 

I will be following your thread closely as I too suspect Activ of hanky-panky.

 

When I received my credit reports from Experian/Equifax I discovered that I appear to have been defaulted TWICE for the same debt!! LTSB and Aktiv registered a default on the same day, but Aktiv's amount was nearly double that of LTSB!!

 

Needless to say Aktiv will shortly be receiving the appropriate letter and I will start my own thread.

 

Onwards and upwards

 

Elsinore

[elsinore]

 

Is it legally possible for a DCA to enforce a CCJ obtained by the original creditor, or am I correct in thinking that the company who originally obtained the CCJ would have to action any further enforcement?

 

If I am correct in that thought, and Aktiv do not have any channels of communication with GE, that would be game over!

 

The logic is that only the original claimant can enforce judgement. I can't see that it is possible to 'assign' a CCJ, but someone will tell us if we're wrong.

 

As to channels of communiction, I'll let you know!!

 

Elsinore

[alanfromderby]

Thanks for the information, and best of luck with your claim.

 

In many respects, I would welcome an attempt by AK to try and enforce this debt. I very much doubt that GE are going to come up with the goods, and legal action by AK may just allow me to unlock that evidence.

 

I really would prefer not to take action myself, as I cannot see that I will get anything out of it...apart from a major reduction in the debt. For the moment I am quite happy to allow a stalemate to develop.

[Bookworm]

Alan, I've just caught up with your thread, sorry. According to GE replies to SARs, they only hold info for the last 5 years. If I follow your previous post rightly, this could pose a serious problem to AK, as they will not be able to document anything if they don't already have the info.

 

(And if they do get the info, all the other GE posters who have been fobbed off with the 5 yrs excuse are going to have a BALL!!! Now that's what I call a win/win situation!!!)

[alanfromderby]

No response from GE this morning, so they have now defaulted on my DSAR. This case is slightly more complex than my HFC cases, as the Debt Collection Agency was able to provide the requested CCA information - including the signed agreement.

 

However, I wish to challenge the legality of the original debt - and without the information from GE, I am unable to do so.

 

GE did obtain a CCJ for this debt - but then sold the debt on the Aktiv Kapital about a year later.

 

I am not 100% sure of the situation with the CCJ, as to whether a Debt Collection Agency are able to seek enforcement of a CCJ that was obtained by the original creditor.

 

However, if they decide to try, then I will seek a set-aside on the basis that I wish to challenge the original debt due to new information about the legality of charges applied to the account - and the failure of HFC to respond to my DSAR.

 

For £589.11, my guess is that they can do without the hassle - and legal costs. So, I think this one can be ticked off as well.

[Bookworm]

Go, Alan, go!!!

[FANTASY CHARGES]

can we have an update on what happened please as this was one of many flagship groundbreaking threads at the time you posted

 

thanks

[alanfromderby]

GE never provided the requested information, and had they tried to force the issue I would have had a valid claim against them for unlawful charges which would have more than wiped out the amount "owed". After an exchange of letters last year where I made my position very clear the matter seems to now be closed.

[alanfromderby]

This topic was closed on 09 March 2019.

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