Aktiv Kapital one debt with two defaults Advice Please

[Rallya]

Elsinore suggested I post this here instead of on the Debt/Bailiff forum so sorry its been posted twice

 

I have sent my CCA letter to Aktiv Kapital on 7/9/06 and am awaiting their reply for that, and in the mean time I received my credit report from Equifax today (still waiting for reports from the other 2 CRA's)

 

Anyway, one of my debts I defaulted on was with Abbey National Visa Card (taken over by MBNA) which was subsequently "assigned" to Aktiv Kapital. On my credit report there are two defaults both in Aktiv Kapital's name:

 

AKTIV KAPITAL Bank Default

Current Balance: £5935

Default Balance: £5789

Start: 01/06/1996

Default: 02/2006

End: 27/02/2006

Last Updated: 14/08/2006

Status: D

 

and

 

AKTIV KAPITAL Credit Card

Current Balance: £5788

Default Balance: £5788

Start: 01/06/1996

Default: 02/2006

End: 27/02/2006

Last Updated: 16/03/2006

Status: D54321000000

 

 

Now I assume the second default above was in the name of Abbey National before Aktiv Kapital bought the debt, then changed it into their own name etc. If they did that though why put on a second default? I know I can get one of these removed as its for the same account, but which one? Also who should I write to, Abbey National, Aktiv Kapital or the CRA? What should I state in my letter etc that will get them to remove it immediately or do I not need to quote any law?

 

Any advice appreciated

[Guest Alison82]

I think you would need to write to Aktiv Kapital, It's weird how one says bank account and one says credit card annd they are for roughly the same amount?! are they for 2 accounts linked as one?

[Rallya]

Hi Alison

 

Thanks for your reply, no its the same account as everything else on my credit file makes sense but Aktiv Kapital are only dealing with 1 account.

 

I guess ill write to them and ask what they are thinking of

[Guest Alison82]

Send them the cca letter in the library

 

...........Further to this I have a no recollection of ever receiving a ‘default notice’ from you. I therefore require you to substantiate this data.

 

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.

2. Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number 98269365100309573039

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

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

I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data in full then I must insist that it is removed from my credit files as unsubstantiated, a mere amendment to satisfied will not be acceptable. Failure to supply me with this data will lead to me informing the Information Commissioner and commence with legal proceedings against you.

 

 

Yours faithfully

 

 

Or send them a s.10 request (for all of your data that they hold about you) to see whats what

[kellyplanet]

Any news. I am going through the exact same thing with Aktiv. I have just sent off the CCA Request. The same thing is on my credit file and MBNA also defaulted me so I have 3 defaults for the same account.

 

Let me know any updates