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

[vogelrok]

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.

[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

[vogelrok]

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.

[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

[vogelrok]

well if these people want my money, they will have to show me the correct paperwork. or i have no other reason than to beleive they are thiefs trying to con me out of my money.

[ODC]

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

[vogelrok]

i dont beleive for one minute they will be able to produce the correct paperwork. but would be nice to think they could lol

[rory32]

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

They are allowed to produce their own Notice of Assignment ODC (the deed of assignment is a completely different document).

 

However, both the Notice of Assignments they have sent are legally invalid as they are wrongly dated (they should have the same date as the deed of assignment) and contain penalty charges (they must be a lawful reflection of the amount owed).

[vogelrok]

Update with proof they dont have the paperwork in place.

 

please check paragraph 2 on attached url.

http://img.photobucket.com/albums/v231/vogelrok1/aktivkapitaladmittheydonthaveproof.jpg

 

 

so what is my next step do i still let the days roll off or do i just send them a letter of non-compliance now. was it that letter????

[vogelrok]

heres part of the CCA i sent them. there paragraph 3 is rubbished by my opening line on my cca

 

YOUR REF:

 

I do not acknowledge any debt to your company.

With reference to the above account, I request that you send me a true copy of this credit agreement before I will correspond further on this matter. This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement on request. Your obligation also extends to providing me with a statement of account.

[Curlyben]

Well hey NO CCA NO enforceable debt.

Tough luck there Aktive.

 

I'd be inclined to MAKE them take me to court

[rory32]

Ooh very scarey, the matter will be passed back to the collection division. Sorry it's unenforceable.......twits.

[vogelrok]

that was my next step which is what i have wanted from the out-start. so as to get my credit rating back to something that is deemed an ok credit report. if i should want to move house at some point in my life.

 

so do i send them a letter. or leave it now.

[vogelrok]

see i was trying to be so nice to them to rory by trying to believe that people such as themselfs followed the law. they kept telling me about this agreement in the begining when i first started paying them, which did scare me at first .

 

but today i feel good. 2 debts down. a few to go and getting there.

[vogelrok]

just spoke to them they wont take me to court, ytheysay they dont have to send proof of deed of assignment, they dont even have to prove it in court, hahahaha. put the phone down on them. couldnt be bothered to argue.

 

i asked nicely for the information. as of yet nothing, can they put a default against me on my credit report if they cant prove they own the debt legally. ??????

[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:

[rory32]

As ODC says they can, that's why it's important to serve them with a section 10 notice and then if you have to raise a court claim to get the default removed include the CRA as well as the DCA in the claim.

[vogelrok]

nevermind not like i can do much about it. such is life it will be gone in 6yrs lol.

 

the woman reckons that aktiv krapital havehad new training only yesterday to deal with these problems of the likes of us asking for the CCA. seems like someone is training them wrong. but what do i care. they wont take me to court as they cant they dont have the correct paperwork in place. so im not willing to deal with them. simple really.

 

Aktiv Kapital see you in court.

[vogelrok]

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.

[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

[vogelrok]

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.

[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

[vogelrok]

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.

[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.

[vogelrok]

thank you ODC. for that will get it sorted today and get it posted tomorrow. whats the best template to use or write up my own letter.