Aktiv Kapital (again)....

[JonCris]

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.

 

Whilst I can honestly say I am not surprised because as I have commented these people have little understanding of the law I am still appalled by this persons response to your complaint.

 

I suggest you contact them again & ask to speak to a supervisor. Tell them what was said to you by this person.These people need to be reminded that they are public servants paid by public funds & yet they are suggesting to you that these companies should be allowed to breach not only the guidelines but the law with impunity.

 

This has frankly happened to often with these agencies. I not sure what everyone else thinks but I really think there needs to be a concerted effort in forming a complaint/petition about these so called watchdogs which are anything but. It might also be advantageous to contact the press & publisize their comments, because lets face it they are about as much use as a chocolate teapot so we can't do ourselves any harm

[kyuudousha]

Whilst I can honestly say I am not surprised because as I have commented these people have little understanding of the law I am still appalled by this persons response to your complaint.

 

I suggest you contact them again & ask to speak to a supervisor. Tell them what was said to you by this person.These people need to be reminded that they are public servants paid by public funds & yet they are suggesting to you that these companies should be allowed to breach not only the guidelines but the law with impunity.

 

This has frankly happened to often with these agencies. I not sure what everyone else thinks but I really think there needs to be a concerted effort in forming a complaint/petition about these so called watchdogs which are anything but. It might also be advantageous to contact the press & publisize their comments, because lets face it they are about as much use as a chocolate teapot so we can't do ourselves any harm

 

I agree totally, hence asking them to respond in writing.

 

Totally PO'ed with the entire affair, quite frankly.

 

Maybe if enough of us got together and forced the issue with our local MP's or something? I'd be up for that...

 

Oooh! Sudden rush of enthusiasm coming back, no, sorry, it was just wind...

 

[Guest Zooman]

re: set aside my 2 pence.

 

You will not get it on those grounds and you will incur costs, withdraw it and save yourself the costs. It is my understanding that they do not need to show you any deed of assignment but only inform you they now own the debt and in any event this avenue was open for your defence in the first place. You can not get a set aside because you have all of a sudden realised you may have had a defence.

[kyuudousha]

Okay, thanks Zooman. I think it will be too late now to withdraw it as it went on 7th August. I'll wait to see what they say and then if it involves going to court I'll withdraw it then.

 

As an aside, to the Consumer Direct people I have just sent this email.

 

Hello again Vivienne,

 

I have noticed that when I ring the 08454 040506 number it states that telephone conversations will be recorded for quality and training purposes.

 

Please can I have a copy of these recordings with respect to the two telephone conversations that we have had regarding ref Y########?

 

Many thanks

 

Somehow, I think they will have a valid reason as to why they cannot supply this...

[JonCris]

I agree totally, hence asking them to respond in writing.

 

Totally PO'ed with the entire affair, quite frankly.

 

Maybe if enough of us got together and forced the issue with our local MP's or something? I'd be up for that...

 

Oooh! Sudden rush of enthusiasm coming back, no, sorry, it was just wind...

 

 

I agree with the MP approach but I still think we need more.

 

It would have good affect if the founders of CAG where to agree to make a written complaint on behalf of all the members with copies to the press. After all there are 45,000 of us! & that might help get a result

[elsinore]

I agree with the MP approach but I still think we need more.

 

It would have good affect if the founders of CAG where to agree to make a written complaint on behalf of all the members with copies to the press. After all there are 45,000 of us! & that might help get a result

 

Completely agree with you JonCris, both the above and your previous post.

There is no point in expecting a somnolent watchdog to bite.

I, for one, am writing to my M.P. this weekend.

But a well aimed shell fired by a Notable Consumer Group ought to find its mark.

 

Elsinore

[Guest Zooman]

We will look into it over the next few days.

[JonCris]

Excellent news. Lets go for them enmass

[MARTIN3030]

Btw...........latest figures shoe there are now over 57,000 users on here !!

 

 

[elsinore]

By any standards that's a powerful lobby group.

 

Elsinore

[JonCris]

Great we might be able to make a "Super Complaint"

[kyuudousha]

Okay then, having only had tumble weeds and a lone church bell coming from the direction of FNTF I have decided that it is time to speed things up a bit.

 

I have included a draft of my case against them which I shall be submitting through money claim in the next 2 weeks.

 

If anybody wants to add, edit, amend or generally comment on what I've written, please feel free to do so now...

 

PARTICULARS OF CLAIM

 

I am seeking compensation, as is my right under The Data Protection Act 1998, for the negligent handling of my account No.: ################# with First National Tricity Finance for the reasons outlined below, causing me undue distress, hardship and financial defamation:

 

They have breached The Data Protection Act 1998 – The Data Protection Principles No’s 3, 4 and 5 which places a legal duty on any lender to maintain relevant information, accurate information and to keep information up to date.

 

They have breached the Defaults Guidance – Data Protection Act 1998 by defaulting on our agreement when the account payments could only have been a maximum of 1 payment behind. Our agreement with First National Tricity Finance was registered with Equifax plc where it can be plainly seen that our payments went from being 1 payment behind in March, due to having changed bank accounts, to 0 payments behind in April and then 2 payments behind in May. How did we miss two monthly payments in only one month?FNTF then put the account into default. I have a hard copy of aforementioned credit file which proves my case.

 

They have failed to produce any documents that they are required to produce by the Consumer Credit Act 1974 within the 12 day deadline and if they have not produced these documents by Tuesday 5th September they will have committed a criminal offence under the Consumer Credit Act 1974.

 

They have failed to produce any ‘Deed of Assignment’ of this debt being sold on.

 

They have also failed to answer any of my questions put to them regarding this.

 

Well?

[Guest Zooman]

any ‘Deed of Assignment’ of this debt being sold on.

 

any proof of this debt being sold to them.

 

as is my right under The Data Protection Act 1998

 

under The Data Protection Act 1998

 

 

 

don't include

 

How did we miss two monthly payments in only one month?

[Guest Zooman]

Do not use MCOL for this as the space required is to little and you should be putting annex sheets with it.

[kyuudousha]

Do not use MCOL for this as the space required is to little and you should be putting annex sheets with it.

 

Sorry for being 'nice but dim' but...

 

...how would I do it then? :idea:

[elsinore]

It's a pen and ink job, using the appropriate form (N1?) which you can obtain from your local county court.

 

Elsinore

[MARTIN3030]

You can actually download the N1 and put it in a folder ..........then using notepad or word fill it in there.

 

But there are other things as well.

Maybe even a witness statement.

[kyuudousha]

AK are on the run, faxes and telephone calls... TO ME!?!?

 

Scared that I said I am suing FNTF and that they are next under Administration of Justice Act...

 

They are panicking and now faxing and ringing FNTF!!!

 

HA HA HA HA HA

 

Will post in the morning full account.

[JonCris]

Oh wonderful!

 

Now's the time to get one of those premuim numbers everyone is going on about

[MARTIN3030]

Elsinore will be well pleased to hear this............

 

[elsinore]

Elsinore will be well pleased to hear this............

 

 

 

 

 

:D :D

 

Elsinore

[kyuudousha]

Okay, full story.

 

I rang AK on monday to speak with the helpful young lady that I spoke to a couple of years ago. She was the one that said that this really didn't need to go to court. She wasn't available. I rang again in the afternoon. Still not available. I then get a call from another young lady asking if she could help, so I explained the situation to her and that all I want is the CCJ set aside. She then told me that she would have to speak with a manager about this and that she would ring me back in the morning.

 

On tuesday I get a call back from her where she stated that it wasn't them that issued the claim through the courts but FNTF? I obviously corrected her on this and told her that I am suing FNTF for the various breaches of the CCA, DPA etc.

 

"Oh dear" says she "Are you sure that they have got the letters?"

 

"Oh yes!" I replied "They were all sent recorded delivery."

 

"Oh" she says "they should have sent us copies of all these, would it be possible for you to fax me a copy of the letters with the dates that they were sent"

 

So I sent her the letters with this covering fax:

 

AKTIV KAPITAL UK LTD

MERCHANTS HOUSE

HAMILTON PLACE

CHESTER

CH1 2BE WITHOUT PREJUDICE

Reference: Account No. ################

For the attention of Ms ###################

These are copies of the letters sent to First National Tricity Finance by recorded delivery.

I have also attached a copy of the credit file which clearly shows that they have breached the The Data Protection Act 1998 – The Data Protection Principles No’s 3, 4 and 5 which places a legal duty on any lender to maintain relevant information, accurate information and to keep information up to date.

It also clearly shows that they have breached the Defaults Guidance – Data Protection Act 1998 by defaulting on our agreement when the account payments could only have been a maximum of 1 payment behind. Our agreement with First National Tricity Finance was registered with Equifax plc where it can be plainly seen that our payments went from being 1 payment behind in March (which was due to a bank account change during the 12 month period before we had to start paying the monthly amounts under the agreement) to 0 payments behind in April and then 2 payments behind in May. FNTF then put the account into default.

They have failed to produce any documents that they are required to produce by the Consumer Credit Act 1974 within the 12 day deadline and if they have not produced these documents by Tuesday 5th September they will have committed a criminal offence under the Consumer Credit Act 1974.

They have failed to produce any evidence of this debt being sold on and they have also failed to answer any of my questions put to them regarding this.

I would also like point out that Aktiv Kapital have failed to support their claim to this debt in the form of any documentation. In fact, you have admitted in a letter that you will have to ask First National Tricity Finance for these as you DO NOT POSESS THEM.

Anyway, it is the general consensus that the courts will have a field day with FNTF with the numerous breaches of the Data Protection Act, the Consumer Credit Act and with the guidelines from the Information Commissioners office.

As I have stated to you on the phone, all I want is the default and the CCJ removed from my credit file, as full and final settlement, and this would put an end to it, but as FNTF are choosing to ignore me I have no option but to start legal action against them.

 

Yours faithfully

 

I rang yesterday afternoon just to make sure that they had got the faxes and they confirmed that they had and that they had been forwarded onto FNTF (I'm not sure why as I already know that FNTF have all these letters, still, confusion reigns eh!?)

 

I will fire a second shot across their bows this morning in the form of a fax explaining to them about the Administration of Justice Act and how, with all the lack of paperwork from their welsh office, they are on VERY dodgy ground indeed, and that I shall be looking to sue them next...

 

Things are looking up.

 

 

I would also like to point out that Consumer Direct have gone suspiciously quite since my last two emails. A fat lot of god they are!!

[kyuudousha]

Weeeeeeeeeeeeee BOOM!

 

With reference to our telephone conversation of yesterday, you stated that it would not have been yourselves that issued the claim against me but First National Tricity Finance.

I can confirm, however, that it was indeed yourselves in the form of:

AKTIV KAPITAL FIRST INVESTMENT

5 TRECEYDD BUSINESS PARK

CAERPHILLY

MID GLAMORGAN

CF83 2RZ

I have been taking further legal advice on this and it would appear that they have also breached the Consumer Credit Act under section 138 (1)(a), (3)(b) and 4(b).

Secondly, it would appear that they have also committed an offence by breaching the Administration of Justice Act 1970 section 40 (1)(a), (b), © and (d).

I am now considering my option of bringing a case against you.

I would again like to reiterate that all this could come to a satisfactory conclusion with the removal of the CCJ and Default from my credit file in full and final settlement of this matter.

Yours faithfully

 

Take that AK!!!

[kyuudousha]

Blood and Sand! It's all go..!!!

 

Firstly, I have rung AK again to make sure they got the fax in my post above. They have.

 

The nice lady that I have been dealing with is going back to her manager as it would appear that I have an incredibly strong case against FNTF AND AK!

 

Not wishing to get myself too excited but she planned to speak with her manager this morning so she could ring me back this very afternoon.

 

Does this sound like they are running a bit scared here?

 

Secondly, having had nothing but tumbleweed and a lone church bell coming from Consumer Direct I gave them a ring to put a rocket up their ar$es!

 

Funnily enough they are also now running around saying things like "the lady you spoke to is off ill" and "yes there appears to be breaches of the Consumer Credit Act" and "we will transfer this to the Office of Fair Trading straight away!"

 

WHY HAVE I HAD TO LOSE MY TEMPER AND THREATEN THESE PEOPLE WITH LEGAL ACTION BEFORE ANYTHING HAPPENS!?!?!?!?

 

Sorry for shouting but I do feel better now

 

 

 

I'm giving blood in half an hour, I hope it's cooled down about by then....

[JonCris]

Excellent bet you feel better for all of that. Look at your earlier posts & your latest, chalk & cheese comes to mind.

 

Glad to see you may have sparked the chocolate teapot into action. The lady off ill is probably away retraining well one hopes that's what it is.