Aktiv Kapital (Goldfish) CCA - **AP markers removed**

[blondiegirl]

CCA Letter sent to Aktiv Kapital. Let's see if they reply.

 

 

 

 

 

Barclaycard assigned debt to Aktiv Kapital April 2011 £2,789

[mikeymack2002]

See from my earlier posts on your other threads for further info please seck and update each thread lease

[blondiegirl]

Letter sent to Aktiv kapital. It says that it was assigned to Aktiv from Barclaycard in April 2011. Appears as 'Barclaycard' on credit report. Pay £11 a month to them through the CCCS/Step Change. Current balance says 'closed April 2011' and 'report until April 2017' although not defaulted. A/C opened 1999.

 

CCA requested, no SAR as of yet.

 

Barclaycard assigned debt to Aktiv Kapital April 2011 £2,789

[slick132]

Hi Blondie and please keep us updated.

 

[blondiegirl]

Received and signed-for on the 26th September!

[blondiegirl]

Aktiv Kapital have responded as follows:

 

"We refer to your request for documentation/further information regarding your agreement with Barclays Bank PLC T/A Barclaycard under sections 77 to 79 of the Consumer Credit Act.

 

Whilst we endeavour to obtain documentation within the prescribed time scales, due to the fact that we have to try to obtain documents from the original creditor we may be unable to do so, your account is on hold and has been removed from the collection process whilst we await the requested information."

 

So what now? Do I sit and wait?

[slick132]

Hi Blondie,

 

Yes, you don't need to do anything until, and unless, AK provide a reply that complies with the requirements of s.78 CCA1974.

 

[blondiegirl]

So I carry on paying them every month as per usual?

 

They will soon have passed the 12+2 days, and I doubt they'll get anything to me (although there's a chance they will). Then what? If they can't provide anything what should I do?

 

But if they supply this true copy of the signature, do I just watch them report to the credit reference agencies that we have an 'arrangement to pay' in place forever more?

[Bazooka Boo]

No you STOP payments.

 

Otherwise they will simply fleece you blind without showing you the paperwork.

[blondiegirl]

So assuming they provide me nothing over the next week or so, I stop payments. Then what? How do I repair my credit file if this debt is unenforceable?

[Bazooka Boo]

Once they are out of time for sending you the agreement, YES stop payments then.

 

Once it is on your credit file, unless the info is incorrect then it will be very hard to get it removed, it will stay on your file for 6 years from the date it was added.

 

You could always issue them with a S.10 DPA notice to stop processing your data, but again I'm not too sure how effective this will be?

[blondiegirl]

But isn't the info incorrect if it was unenforceable? And then they could continue to report me as not paying, arrears, debt plan etc etc forever more??????

 

This is the main problem. Sorting the reduced payments/debts/CCA etc is one thing. But the fact that these companies are reporting to CRAs that we're on a plan has put our life on hold. And as it will take a long time to pay them back, we'll be nearing retirement before any 'repair' to our credit files can begin. We don't want to get into more debt, but we can't move (not even rent elsewhere and get a buy-to-let mortgage), we'd be in massive trouble if the car breaks down because nobody will lend, or lease vehicles to us. I am at my wit's end.

[slick132]

Hi Blondie,

 

The only way you could get this a/c removed from your CRA files is if :-

 

1. There is NO credit agreement, or........

 

2. There are a significant amount of penalty charges on the a/c that you could reclaim. In doing this, you can also seek removal of data from the CRA files, on the basis that the arrears include, or are made up entirely of, unlawful penalty charges.

 

In any event, the CRA data should not be reported beyond 2017.

 

Whether you continue to pay nominal amounts, or you stop paying due to lack of necessary paperwork, or the full debt is cleared, the CRA data will disappear in 2017.

 

[blondiegirl]

Why 2017? It says in the credit report that the AR should remain for 6 years until after the debt has been paid off.

 

There were arrears and fees applied, I am pretty sure of that. And I will SAR them. Although they are older than 6 years, or around 6 years.

 

So if no CCA can be provided, they will have to remove this file??? So in theory, problem solved??? Seriously??

[Bazooka Boo]

Defaults marked on credit files automatically drop off six years after they have been placed on there, regardless if they have been paid or not.

[blondiegirl]

Yeh, I know.

 

I wrote:

 

"Why 2017? It says in the credit report that the AR should remain for 6 years until after the debt has been paid off.

 

There were arrears and fees applied, I am pretty sure of that. And I will SAR them. Although they are older than 6 years, or around 6 years.

 

So if no CCA can be provided, they will have to remove this file??? So in theory, problem solved??? Seriously??"

[slick132]

Why 2017? It says in the credit report that the AR should remain for 6 years until after the debt has been paid off. - Adverse CRA data will show for 6 years from when you fell into arrears or shortly after then. Markers should fall off the CRA files 6 years later.

 

There were arrears and fees applied, I am pretty sure of that. And I will SAR them. Although they are older than 6 years, or around 6 years. - Send off a SAR asap to get info on charges. These can be reclaimed from BC with compound restitutionary interest. If the charges are older, the effect of compound interest can be significant and make a large difference to the debt balance.

 

So if no CCA can be provided, they will have to remove this file??? So in theory, problem solved??? Seriously?? - If they can't produce the actual signed credit agreement, they may be able to offer a reconstituted one to comply with the Reg'ns.

 

Wait and see how they reply and we'll take it from there.

 

[blondiegirl]

OK, thank you.

 

I'll get SARs sorted on all of them.

 

Thanks

[slick132]

Noted.

 

Also, with your a/c opened in 1999, this acts in your favour as regards the bank's need to produce the original signed agreement. Without the original doc't, BC would be less likely to win court action to recover the debt.

 

However, I realise this is not necessarily your main concern.

 

[blondiegirl]

Quick question As they say that my a/c is "on hold and has been removed from the collection process whilst we await the requested information", should I stop my payments to them?

[slick132]

Until they reply adequately to your CCA request, you have no need to pay them, as discussed above in posts #9 to #12.

 

Have you sent off the SAR to BC for this a/c yet.

 

[blondiegirl]

Thanks for your reply

 

No, I haven't sent the SAR yet. I have bought the postal orders though The link that someone posted for the SAR letter didn't work so I need to find the letter and get it sent.

 

If they are putting the account on hold, does that mean that they can't report on it do you know??

 

Thanks for your reply

[Bazooka Boo]

No, being put on hold simply means they will divert their attention to someone who is less educated in the rules surrounding debt collection

and exploit them, before returning their attention to you in the hope you won't have learnt any of their latest tricks...

 

They will continue to report on your credit file, as it gives them a sense of purpose...

[slick132]

Hi Blondie,

 

From the Data Protection section of the Library - http://www.consumeractiongroup.co.uk/forum/showthread.php?387306-Full-Subject-Access-Request

 

[blondiegirl]

I've just received a letter from Aktiv Kapital headed from Barclaycard. They say:

 

"I refer to your request for information.

 

The information we must provide to you under the terms of Section 78 of the Consumer Credit Act 1974 ........the creditor shall give the debtor a copy of the executed agreement (and any document referred to in it) and a statement of the account.

 

A statement of your account is below:

- the current credit limit is £0.00

- the current balance is £2,729.33

 

Due to the current status of your account, the full balance is now due.

 

We are currently unable to provide a copy of your credit agreement. We accept that we are therefore prevented from enforcing our agreement with you while this state of affairs continues.

 

Notwithstanding that we cannot currently enfore the agreement, our rights continue to exist under the agreement. You should thereofre continue to pay the debt that has accrued on your account. We can and will continue to take any action short of enforcement, which includes reporting to credit reference agencieswithout also telling them that the debt is currently unenforeceable, demanding payment from you, issuiong a defaulted notice to you and instructing a third party to demand payment or otherwise seek to procure payment. We refer to you the case of Philip McGuffick v The Royal Bank of Scotland (2009) EWHC2386 in which is was held that none of these steps constituted "enforecement" for this purpose.

 

Please note that the decision in Carey v HSBC (2009) EWHC 3417QB makes it clear that an unfair relationship cannot be said to have arisen between us as a result of the fact that we haven't currently complied with section 78 of the Act. To the extent, that you seek to allege that an unfair relationship has arisen, such allegations will be opposed.

 

This completes our obligations under Section 78."

 

What now?!! Please and thank you