aktiv kapital cant produce MBNA CCA - what now?

[dendec]

hi im new here and would like some advice please

 

last year in November 2011 I was made redundant after 25 years

I found myself with debt building up under so much pressure and the unemployment was really no help at all

 

But to get to my point, is that I had a credit card with mbna which I couldn't afford the payments

 

mbna made me make a payment of £1 per month

6 months later the debt had been sold to aktiv capital

we had the harassing phone calls and letters

 

I never admitted the debt to aktiv in anyway and told them I only deal with letters

on the 6th of December I sent them the letter as advised by cga ,I sent the credit agreement act 1974

sent with a postal order requesting the credit agreement , with no signature from me etc

 

iv now received 2 letters from aktiv kapital one on the 14th January 2013 stating that they cant supply the agreement at this time and the account is on hold

the second letter dated the 17th January 2013 from aktiv it states they cant supply the information I requested ,and they await my proposal ?

 

im really confused as to what I do next please help

 

hope iv posted in the correct forum forgive me if not

thank you den

Edited January 22, 2013 by honeybee13
Reducing font size and adding some spacing.

[cerberusalert]

Send them this; http://www.consumeractiongroup.co.uk/forum/content.php?436-Failure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale.

[dx100uk]

how long have you had the card?

 

dx

[dendec]

thank you cerberusalert for your fast respone il have it in the mail Wednesday to aktiv

big thanks again

[dendec]

hi dx100uk

I had the card for 11 years , but only in November 2011 that I stopped making the full payments due to redundancy

[dx100uk]

well i'm sure you've been a good customer too

 

 

the bottom line is no cca = no pay!

 

have you got all the statements?

 

no got PENALTY charges or PPI?

 

 

dx

[dendec]

hi

 

this morning I got a letter from active capital with a photo copy of the original cca

it looks like to me

im ...wondering how they got it though and im a bit confused by all this,

its just the page with my signature on

work place

bank details

the signatures definatley mine

 

at first they said they were looking in to it

then said they contacted mbna ,

who said due to the age they couldn't supply it

 

aktiv didn't have it now they have it

 

..im wondering if they haven't supplied by the 14 days whether its now void also

 

the agreement with mbna started on 09 04 2003

 

had the card and kept up the payments till November 2011

 

then aktiv capital contacted us in april

please help

thank you den

[dendec]

the date aktiv received our registered letter was 11/12/12 .

we posted on the 7/12/12

we never received any response till the 14th of January 2013 then 17th 2013

can I also ask don't I need a contract with aktiv capital as well

[dendec]

hi sorry but im real confused now and am really worried about it all but something seem not right though

thank you

[dx100uk]

you dont need to contact anyone..

 

can you please scan up the document you have received

and did you get T&C's with it?

 

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all figures and dates. {DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

DO NOT USE ANY PDF EDITOR TO BLANK STUFF, THAT CAN BE REMOVED

DO IT IN PAINT.EXE or any photo editing program

convert existing PC files to PDF [office has an installable print to PDF option]

..

goto one of the many free online pdf converter websites [http://docupub.com/pdfconvert/]

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

i'e Default notice dd-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

[dendec]

thank you dx100 I don't have a scanner but I have a camera would that be ok

[dendec]

iv just found a old printer /scanner now just going to find the software disk thanks

[dx100uk]

yes as the instructions say camera

 

dx

[dendec]

hi dx100uk im just coverting them to pdf

thanks for all your help much appreciated

[dendec]

hi dx100uk I think iv done it right

but 2 previous letters haven't uploaded but these may be enough

thank you

Edited January 24, 2013 by dx100uk
numerous pers details removed-merged to one doc

[dx100uk]

well you cant argue thats not a valid cca - it is.

and the time limit makes no odds

 

now i see you have PPI

 

i PRAY you have kept ALL the statements?

 

if you have that'll kill the balance

 

dx

[dendec]

good thing about it is I now have a printer/scanner working and im also more knowledgeable how to convert files big thank you dx100 lol

[dendec]

sorry dxioo I didn't understand what you said about the agreement etc

[dx100uk]

its good .... well not for you!

 

got the statements?

[dendec]

does this mean I have to pay even though I have no agreement with aktiv capital

also I don't have many statements only last years one for ppi

 

and how do I stand for payments to them im really in a dire position at the moment finacialy

 

sorry I meant legally what can they do if I wasn't to pay

[dx100uk]

dunno where you are getting this contract/agreement with AK bit from

they own the debt they can get you in court.

 

i suspect MBNA sold it because they KNOW its all PPI and charges

 

you need ALL the statements

sar MBNA ASAP.

 

write a letter to Bum Cleaners

 

thanking them for the Agreement Copy

 

as you now know the Card was subject to PPI

 

and as its 11yrs old at an avg monthly PPI fee of +£20

with compunded interested over up to 11yrs

that will easily be more than the balance

 

that explains why MBNA sold it so quick.

 

should you wish to pursue this debt further

 

i await your next move...

 

 

now what you DONT tell 'em

 

is as its been SOLD they wont get a penny

 

IF you offset it against the debt is upto you.

 

dx

[dendec]

iv looked at the terms and agreements closer theres nothing to say they can sell the debt on to a third party

plus I think this is just a photo copy because parts 1 to 19 are missing ?

[dendec]

ok thank you, so I send the data protection act with ten pounds to mbna

write the letter to bum cleaners

and await the returns

sorry im a little confused on this bit

not much just a little

thanks dx100

[dx100uk]

my pet name for AK... think about it ...... cleaners [but not bum another name begins with 'A']

 

now.....

 

any creditors can sell a debt , esp bad debt [lemons]

 

yep sar to MBNA £10 PO

 

dx

[dendec]

ok thanks for all your help dx100 I now understand were im going with this

thank you so much for the time and effort much appreciated

will keep you informed