3 CCA's sent 10/7/07 and confirmation of statue barred

[ODC]

this was the best letter of all today.

Dosent look tampered with at all:rolleyes: . Wonder who got a bottle of Tippex out

[ODC]

posted the wrong pic ODC lol

Funny though how Mr Lockes name is hand written though:)

[ODC]

Recieved another letter from Aktiv Kapital today.

 

they claim it is another Notice of Assignment, but once again it has the current amount on it not what they claimed it was in the begining. the 11th of July so no original date once again.

 

telling me how i can pay them and asking me to ring to sort it out.

 

so sitback once again and wait.

Strike of deaperation to me. A court would have fun reading two different documents purporting to be the actual Notice of Assignment. In house publishing if you ask me

[ODC]

they have a default agaisnt me on my credit report, im waiting for a nice piece of paper that states deed of assignment.

if it is all correct then they must be the people that own the debt. if it is mine i will sort a deal with them.

How can you expect a correct one when the appear to have already mad two false ones up. A deed of assignment should have been done at the the time NOT backdated just because you ask for it

[ODC]

How can you believe anything they send you when they have produced two fabrications

[ODC]

can they put a default against me on my credit report if they cant prove they own the debt legally. ??????

Unfortunately they can and do. I think someone should have a go at the CRAs as they are obiged to ensure taht all the info they hold on you is accurate and up to date. However the reality is that they take the word of a scummy DCA before yours:mad:

[ODC]

so do i have to let the days run down now or can i start now i think it is about the 30th august the over all deadline ends, the 12+2 plus 30 calender days is at an end.

Better waiting till the calendar month is up. Much better complaint when the commit the criminal offence

[ODC]

thats what i thought. cheers. sit back and relax till august the 30th. think thatis the correct date.

 

they signed for the letter on the 12th of july, does 30th of august sound right.

yep 12 working days plus the calendar month

[ODC]

first deadline is up in 3 days. still nothing concrete from any of them to prove they own the debts.

 

aktiv kapital have admitted that no CCA exsists anymore. do i still have to do the calendar month or can i go after this one after the 12working days + 2 days. or just leave it. till the 30 days is up.

Write AK now and tell them as no CCA exists that they cannot pass your details on to anyone else, they should remove any record from your CR files and confirm that all information held by them on you will be removed.

[ODC]

There is no template as such but here is a letter that Rory32 uses and Im very sure he would not mind you using it. Amend to suit yourself

Dear Sir/Madam,

 

Re Account No: xxxx

 

Thank you for your letter dated xxxx in which you inform me of your intended legal action.

 

I would however refer you to my letter sent you on xxxx, delivered xxxx, VIA RECORDED DELIVERY in which I requested a true copy of the credit agreement.

 

To date you have failed to acknowledge these requests in any way, whether by confirmation of receipt of the letters or by supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect this.

 

In my letter of the xxxx I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 78(1) of the Consumer Credit Act 1974. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account.

 

The Consumer Credit Act allows 12 working days for a request for a true copy of the credit agreement to be carried out before you entered into a default situation. If the request is not satisfied after a further 30 calendar days, you commit a summary criminal offence. These time limits expired on xxxx and xxxx respectively.

 

As you are no doubt aware, Section 78(6) states:

If the creditor under an agreement fails to comply with subsection (1) -

 

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

 

Therefore on xxxx this account became unenforceable at law.

 

You have FAILED to comply with a request for a true, signed copy of the said agreement, and other relevant documents mentioned in it and FAILED to provide any of the documentation requested. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful HARASSMENT.

 

Please note you may also consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’, you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you fail to respond within 21 days, I will expect that this means you agree to remove all such data.

 

Furthermore, you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following would apply:

• You may not demand any payment on the account, nor am I obliged to offer any payment to you.
  
• You may not add any further interest or charges to the account.
  
• You may not pass the account to any third party.
  
• You may not register any information in respect of the account with any of the credit reference agencies.
  
• You may not issue a default notice related to the account.

I shall of course report your actions and those of your client to any such regulatory authorities as I see fit.

I trust this clarifies the matter for you.

Yours faithfully

[ODC]

They should have sent that letter typed on Andrex. It is a load of half truths and deliberately misleading. I would pass it to the OFT and Trading Standards. I cannot believe anyone with half a brain would put such a thing to paper. ''We purchased the Debt but NOT the AGREEMENT but yet we are allowed to charge you interest on the balance according to the Agreement. (HOW TF do they know what the agreement says if they did not purchase it. DUH!!!!!!!! Do they imagine that you are as stupid as they appear to be. NO AGREEMENT = NO PROVABLE DEBT

 

I think you really should go to town on this bunch of idiots

[ODC]

Continue with your Formal Complaint. You have to give them the chance to offer you a satisfactory explanation;) for their behaviour before you can report them to the FOS for the £ 400 kick up the jacksie