Aktiv Kapital (again)....

[JonCris]

......it is no more!!

 

 

just like my Halifax penalty charges (refunded in full today )

 

 

 

 

Excellent Martin 3030. Pink obviously suits you Come on tell us how much?

[MARTIN3030]

nice little earner.......2474.quid

 

Got the rbs going thru.......thats a bit more !!

 

Missus wants to go out tonight (she checked my account online from work ):o

 

She is technically breaching the dpa..........I never gave her permission lol

 

[JonCris]

Are you brave enough to complain. I'm lucky if I get pocket money.

 

Celebrate take her out Train 1st class, Weekend in town nice expensive hotel slap up meal with a very good bottle of vino perhaps a show before or after. That should just about skint you again but hey! she won't be able to complain & you might get to keep the next refund

[MARTIN3030]

Are you brave enough to complain. I'm lucky if I get pocket money.

 

Celebrate take her out Train 1st class, Weekend in town nice expensive hotel slap up meal with a very good bottle of vino perhaps a show before or after. That should just about skint you again but hey! she won't be able to complain & you might get to keep the next refund

 

Good thinking..........only she will then expect to have the same treatment with the 3rd one:o

[kyuudousha]

Can anybody link me to the right place to find a complete copy of the Consumer Credit Act?

 

I've now spent 5 hours (lunchbreaks) trying to find a single link but am getting nada...

 

Thanks

[JonCris]

Can anybody link me to the right place to find a complete copy of the Consumer Credit Act?

 

I've now spent 5 hours (lunchbreaks) trying to find a single link but am getting nada...

 

Thanks

 

here you go......

http://www.oft.gov.uk/Business/Legal/CCA/default.htm

[kyuudousha]

Yep, been there... still can't find the FULL CCA 1974 though, only snippets.

 

:?

[Guest Zooman]

Legislation made prior to 1988 is only available in its original print format as before this date legislation was not produced electronically.

[JonCris]

Yep, been there... still can't find the FULL CCA 1974 though, only snippets.

 

:?

 

http://www.dti.gov.uk/consumers/consumer-finance/credit-act-2006/index.html

 

Try here both 1974 & 2006 should be in PDF format

[Guest Zooman]

can you link into the 74 act please as I can not see a PDF link on the website.

[Guest Zooman]

I would also like to point out when using the new act beware of the timetable involved. For reference I have posted a link below to the timetable.

 

http://www.dti.gov.uk/consumers/consumer-finance/credit-act-2006/Timetable/page29768.html

[JonCris]

I would also like to point out when using the new act beware of the timetable involved. For reference I have posted a link below to the timetable.

 

http://www.dti.gov.uk/consumers/consumer-finance/credit-act-2006/Timetable/page29768.html

 

Zooman here's the 1974 act

http://www.johnantell.co.uk/CCA1974.htm

[kyuudousha]

How can I find out if AK are licenced or not in accordance with the Consumer Credit Act?

 

Hopefully there is a link somewhere on t'interweb but I can't seem to find it.

[MARTIN3030]

have you got any of their letters?

should be on there somewhere.

 

By nature of the business they are in I would have thought they have to be registered.

[MARTIN3030]

This may also be of interest to you

 

Home Page

 

Aktive Kap are members.

[kyuudousha]

BOTTOM OF THEIR LETTER

 

CCA License number 510166

 

DOH!

[MARTIN3030]

Great .......there are e mail links to all the main guys on the weblink I posted.

Im gonna e mail Aktive Cap myself and ask them what they are playing at.

[JonCris]

Phone the OFT & check its' authenticity. Just because it's on their letter doesn't mean it's valid. More than one DCA has claimed to be licenced when they where not.

 

Mind you having said that the wonderful "watchdog" the OFT gives them out like Smarties

[Guest Zooman]

Zooman here's the 1974 act

http://www.johnantell.co.uk/CCA1974.htm

 

Cheers for that I have it in paper and knew I could not get it from a HMG site. Cheers I have printed it to PDF and it will come in very handy thank you vary much.

[kyuudousha]

WOW!

 

I have spent an interesting half an hour or so speaking with a Vivienne Lee of Consumer Direct who got advice from the credit people of the same organisation.

 

They have basically palmed me off with the statement that this is quite normal for these sort of businesses and that they think I should just put it down to experience!!!

 

 

Now that I have calmed down a bit I have written to her again as below:

 

Good morning Vivienne,

 

Thank you very much for ringing me back last night to let me know what the people in the credit department had to say and I’m sorry if I sounded ungrateful it was just a bit of a shock when they said that “this is the way that these people do business” and that seemed to be the end of it.

 

I have already written to the courts, as you suggested, asking to have the judgment set aside due to new evidence coming to light.

 

I am somewhat concerned though that Tricity Finance and Aktiv Kapital have breached the Consumer Credit Act 1974 under a number of issues. Namely:

 

First National Tricity Finance:

 

Section 77 (1)(a)(b) and © Duty to give information to debtor under fixed sum credit agreement

Section 87 (1)(a) The need for a default notice

Section 159 (1)(a) and (b) Correction of wrong information (where for two years I was prejudiced)

 

Aktiv Kapital:

 

Section 138 (1)(a), (3)(b) and 4(b) When Bargains are extortionate

No ‘Deed of Assignment’ to prove they are the legal owners of this debt. (I am currently trying to find the section for you)

 

Under Section 166 Notification of Convictions and Judgments to Director of the Consumer Credit Act 1974 it states that:

 

Where a person is convicted of an offence or has a judgment given against him by or before any court in the United Kingdom and it appears to the court –

 

(a) having regard to the functions of the Director under this Act, that the conviction or judgment should be brought to the Director’s attention,

 

 

Therefore, in light of the above breaches I would look to have the Director General of Fair Trading look into this judgment.

 

Those mentioned above are just the breaches of the Consumer Credit Act 1974. We then have a breach of the Administration of Justice Act 1970 Section 40 (a) and © where it is a criminal offence to harasses the other party with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation; and falsely represent themselves to be authorised in some official capacity to claim or enforce payment;

 

Then we also have the breaches of the Data Protection Act 1984 where the records have not been kept up to date and that defaults have been shown twice on my credit file and the spurious entries showing us to be 1 then 0 then 2 payments behind and then defaulted. What on earth is going on there?

 

Finally, we have the blatant disregard of the Information Commissioners Office and their Default Guidelines.

 

I would be extremely grateful if you could forward this e-mail to whoever it was that you spoke to regarding this matter, and ask them to reply AS TO WHY THIS IS NORMAL BUSINESS PRACTICE in in writing to this email address, as I currently have a live thread going on the Consumer Action Group website forum where there are a whole load of people that are dissatisfied with the way that First National and Aktiv Kapital have conducted their ‘business’.

 

I refuse to have my credit status blighted by these people and to just ‘put it down to experience’ as you said. Sorry.

I simply cannot believe that this is the ‘correct’ way for this business to be dealt with.

 

Many thanks

 

 

I am at an absolute loss. If Consumer Direct just shrug it off then what is the bloody point in any of this!?!?!?

 

Thoroughly fed up with the lot of it...

 

Needless to say I'll post the response when received.

[Guest Zooman]

May I ask clearly what grounds you wish to apply for a set aside on the CCJ?

 

 

If it goes to a hearing you can expect between £150 and £600 in charges win or lose. It is always better to get consent for a set aside from the claimant without a hearing as you will not have to pay legal costs.

[Guest Zooman]

If it is what I think it is

 

Judge Summing Up.

 

Although the applicant is right in saying the respondent has 30 days to provide a copy of the original agreement. This avenue was open to him in his defence of the claim in the first place and it was not used. I do not deem being unable to produce the original agreement after the event grounds for a set aside this court can not presume that the original agreement was misplaced before the judgement was made and for both reasons I deny a set aside.

[kyuudousha]

I'm asking for the set aside on the grounds that AK had no right to pursue this debt as they are not the legal owners of said debt.

 

I have sent the letter below to AK asking them to have it set aside but I hold out little hope.

 

Dear Sir or Madam,

 

Thank you for your letter dated 31 July 2006 the contents of which are noted

 

I understand that you have had to request a copy of the original agreement from First National Tricity Finance. If you have been the legal owner of this debt it is my understanding that as is legally required and to prove ownership you would have been supplied with these necessary documents along with the deed of assignment when you claim the debt was bought by you?

 

You also state that you may not be able to supply me with this documentation within the 28 day deadline that I had requested in my original letter; however, Trading Standards require that you should be able to produce this documentation within 12 days. Therefore I have given you more than ample time. I would also like to point out that if you have not produced this data within 30 days of the original 12 day deadline you will be committing a criminal offence under the Consumer Credit Act 1974.

 

You state that when the account was legally assigned to yourselves on 3rd July 2004 the default registered by First National would have been deleted and duly registered in your name as the new legal owners of the debt. If that indeed was meant to be the case perhaps you could explain why this did not happen?

 

As for your offer of investigating the matter of the dual defaults on my credit file I would like to advise you that I am also taking matters further with Tricity Finance.

 

In the meantime I require that you have the default and the CCJ removed from my credit file and to notify me accordingly

 

In view of the aforegoing I no longer consider that you are now, nor have ever been, the legal owners of the debt. Therefore, I suggest that not only did you mislead me from the outset but also the court by claiming to be.

 

If I do not receive a satisfactory written response from you within the next 14 days I will have no alternative but to report your conduct to the various authorities and organisations which are meant to police your conduct

 

I await your response at your earliest convenience

Yours faithfully

 

I don't expect anything from it.

 

I have pretty much lost heart for this fight now. If the watchdog that is supposed to help consumers can sit there when faced with mounting evidence that breaches of CCA 1974, the Data Protection Act 1984 and the Information Commissioners Office guidance are occuring on a regular basis by these two companies and tell me to 'PUT IT DOWN TO EXPERIENCE' leaves and incredibly sour taste in the mouth.

 

4 more years of not being able to obtain credit is just a bloody nightmare.

 

[Guest Zooman]

You have to make the application for the set aside not them. If you are going a head.

 

Dear Sir/Madam

re: Claim Number

 

Without Prejudice

 

I am writing about the judgment you have against me for £xxx.

 

I did have a defence to your claim, but unfortunately I overlooked the time limits for filing it. I am now anxious to resolve the matter.

 

Not sure yet (sorry)

 

 

If you agree I will send forward the application to the court with the consent order.

 

Yours sincerely,

 

 

 

In the xxxx County Court

Case no: xxxxxxxxxxxxx

Between:

 

Messers Aktiv Kapital

 

 

Claimant

 

 

and

 

 

Mr xxxx kyuudousha

 

 

 

 

 

Defendant

 

 

 

 

We the undersigned Claimant and Defendant have agreed terms and consented for a set aside without hearing, we hereby jointly apply to the court for an order that the judgment herein on ___________ be set aside.

 

Signed:

 

 

..................................... ...............................

Claimant Date

 

 

..................................... ...............................

Defendant Date

[kyuudousha]

Unfortunately I have already written to the courts...

 

Dear Sir or Madam,

 

Many apologies for not signing part A of the Application form N244. Please find enclosed application duly signed.

 

I have also enclosed a copy of the letter from Aktiv Kapital where they state that they do not hold the documentation associated with this debt.

 

Therefore it can be concluded that as they have not provided me with the Deed of Assignment for this debt and as they do not hold any documentation for this debt it is extremely unlikely that they are indeed the legal owners of this debt.

 

I am therefore requesting that this County Court Judgment be set aside with a view to having it withdrawn. I enclose the mandatory fee of £65 for this and have resigned the Application form.

 

However, I did speak with a rather helpful young lady from AK some time ago who tried to stop it going to court in the first place, so she might agree to have it set aside.

 

I shall call her again and find out if she'll be willing to do this then get it all down in writing and send off to the courts.

 

I have a feeling that this will cost me dearly....