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    • Thanks I just had a quick look.  Will study over the w/e My friend does have kids. But it's a really dysfunctional family.  They don't talk.   Many years ago he sold 2 property assets and gave them a lot of money (enough to buy homes w/o loans) .  They've done nothing for him in the last 2 decades. And he altered his will so his new partner gets everything; the kids nothing (more). The 1st form I glanced at - to be deputy - asks for family details.   If I give his kids details I suspect the authorities may say they should get the deputy job instead?  Then  they will steal the money and give nothing to his partner. I can get a copy of the medical assessment  - and get it translated.  If need be.   This has all happened very quickly.  He got sick. And that must have kick-started dementia.   He was fine to hold a detailed conversation 6months ago; now he cant
    • Hi I think the only way around this as he lacks capacity is someone is going to have to apply to be a deputies via the Courts as he has assets here in the UK and a UK Bank Account which will take time and there will possible be Court Fees to make the application. Also if the Lack of Capacity (Dementia) was diagnosed abroad the person applying for deputies will need that diagnosis and it will need to be translated legally for the UK Courts so possibly cost for this as well. Also for reference although you were assisting them before the lack of capacity and had authority to act on there behalf that no longer stands due to there diagnosis of Dementia therefore Lack of Capacity so you no longer have any authority legally to act on there behalf unless the below is actioned or someone has Power of Attorney for that individual (which was setup before the Lack of Capacity) Have a wee look at these links: https://www.gov.uk/become-deputy https://www.lawsociety.org.uk/topics/private-client/mental-capacity-international-aspects#:~:text=You might need to make,act within the foreign jurisdiction https://www.gov.uk/government/organisations/office-of-the-public-guardian I have got to ask with the Dementia diagnoses are you 100% sure the diagnosis states they Lack Capacity as not everyone that gets a Dementia diagnoses may lack capacity initially. Now the Office of the Public Guardian link above you could also consider giving them a call just to give them a brief on this situation and get there advice on what documents etc are needed for deputies to be appointed as the person with Lack of Capacity is abroad.
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AKITCAPITAL ignore request to remove default by


doyin22
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I had a default appear on my credit file by Atkitcapital in Nov 06 and wrote to them requesting the agreement(letter below) they ignored me and i wrote again in Dec which they have also failed to reply.

 

After my 3rd letter, they responded with a with compliments slip asking for the reference number as they can't find any debt agianst me. I responded with letter 4 as I on;y have information on my file and don't recognise the debt they are claiming i owe.

 

Does anyone have advice on how to proceed next and any templates to use?

 

 

 

Letter 1:

Akitiv Capital

Merchants House

Hamilton Place

Chester

CH1 2BE

Date: 1st November 06

Dear Sir or Madam

After recently obtaining a copy of my credit file I was concerned to note that your company has placed a "Default" notice of £181 on 13th Oct 06 against an account in my name as defaulted in June 05. This account has been placed on an old address ????????, ????? and I have not lived their for three years. Please see extract from Equifax below:

Company Name / Insight Account Number

Account Type

Terms

Start Balance

Current Balance

Aktiv Kapital (Fntf) (I) / XXXXXXXXXXXX8933

Bank Default

0 @ £ 0 (Monthly)

£ 0

£ 181

 

Status

Credit Limit

Date Updated

Start Date

Date Last Delinquent

Date Satisfied

Default Date

Default / Delinquent Balance

Defaulted

£ 0

27/10/2005

17/01/2001

06/05

01/06/2005

£ 181

 

Further to this I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience.

 

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. I enclose a £1 cheque in payment of the statutory fee.

2. You must supply me with a signed true and certified copy of the original default notice

3. Any deed of assignment if the debt was sold on

 

I would request that this data is provided to myself within the next 14 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.

 

Yours faithfully

 

 

 

LETTER 2:

 

Date: 20th December 2006

Dear Sir or Madam

Consumer Credit Act 1974 sections 77(1) and 78(1).

Dear Sir/Madam

 

I write to you regarding my request for any original signed agreement which was requested on 1/11/06 and is missing!

I have given you time enough to supply the original signed agreement and you now have exceeded the 30 days you are allowed and by not supplying the document you are committing a criminal act under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974

You are reminded that you were 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.

 

I give you seven days from the date of this letter to comply, otherwise we will be forced to take legal action.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested. In the meantime please be aware that we consider this matter to be “in dispute”.

The time for compliance with our request has now expired. If you do not comply fully with my Subject Access Request within 7 days of this letter, I shall apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court.

No other correspondence will be entered in to.

 

 

Yours faithfully,

Letter 3:

 

Consumer Credit Act 1974 sections 77(1) and 78(1).

Dear Sir/Madam

 

I wrote to them on the 1st November (letter 1) and the 20th December (letter 2) asking for some relevant information. I enclose copies of the two letters which were both sent via recorded delivery.

You have not written back answering any of the questions put to you in the original letter. I telephoned your office at 15.51 on today and spoke to Lucia who tells me that you did not put the default onto my account and its not your responsibility to remove.

As 28 days has now passed from the date of the letters you are now in breach of your duties under Section 78 of the Consumer Credit Act and have now exceeded the statutory time for the data provision requested therefore, could you please consider removing the data in its entirety as unsubstantiated.

If you do not feel that you are in a position to do this and reply within 7 days I will have no choice but to escalate the matter to the relevant authorities including the Banking Ombudsman, Office of Fair Trading and the Information Commissioner's Office.

No other correspondence will be entered in to.

 

 

Yours faithfully,

Letter 4:

 

Dear Sir or Madam

Consumer Credit Act 1974 sections 77(1) and 78(1).

Dear Sir/Madam

 

Thank you very much for your note I received on 8th January 07. As per all my previous letters I have given all the information that I have regarding this default on Equifax and do not have a reference number. (See previous enclosed letters)

However, as you have now exceeded the statutory time for the data provision requested could you please consider removing the data in its entirety as unsubstantiated.

If you do not feel that you are in a position to do this we will have no further option but to refer this case to the Information Commissioner Office, Banking Ombudsman and Trading Standards as appropriate.

Would you please reply to this letter within 7 days.

No other correspondence will be entered in to.

 

 

Yours faithfully,

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My opinion is that unless you had ever signed an agreement with Aktiv then they can't default you. They would have had to send a default notice too. In the templates section there is a bit for removing defaults but if you do it (N1 I think) it's £150 to go to court. Not sure if you get that back fro them if you win.

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My opinion is that unless you had ever signed an agreement with Aktiv then they can't default you. They would have had to send a default notice too. In the templates section there is a bit for removing defaults but if you do it (N1 I think) it's £150 to go to court. Not sure if you get that back fro them if you win.

 

 

I have never had any agreements with Aktiv Kapital. As above are they unable to enter any default notice if I've never had any agreement with them?

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it would depend on your original credit agreement and whether there is a term allowing a creditor to pass on the agreement to a third party, i.e. if a debt occurs and the creditor passes the debt onto a DCA if it is still within the agreement and there is a specific clause within the agreement allowing them to assign per se the agreement and the terms and conditions of the agreement over, then a dca could default, however, from what i ahve read here they cannot default you on an already defaulted debt???? im sure someone will clarify.

  • Confused 1

Thanks

 

 

 

23/11/06 HSBC **SETTLED**

30/12/06 - GE Capital - **SETTLED**

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30/12/06 - Welcome Finance - Prelim sent for mis-sold PPI

 

 

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  • 2 years later...

doyin, I have just found out iv got a default off the same company, so I should approch this....if they cant provide a copy of the credit agreement or copy of default they have to remove it, did you send it recorded delivery. have you got copies of there replys on file

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  • 2 weeks later...
gart01

 

please start you own thread-it will make it easier for people to assist you

hey lickthewall how do you do that??? good news anyway just got a email off credit expert confirming a certain bank AKA "TWATWEST" have removed the default off my account!!! Now all I have to work on is Aktiv Capital havent got a nick name for them yet. this other debt has been passed to three DC's and I have never had a default letter.

 

Gart 1 -TWATWEST 0

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