after 30 days

[fastlad]

hi guys

to cut a long story short got a debt with aktiv kapital ask them for the true arriginal credit aggreemant and deed of assignment etc they came back with a statemant of payments made from my account to the lender and a demand for payment. so again i sent them a letter saying do not except this debt and want arriginal credit agreement etc.if again they do not present this within thy stat 30 days or after it am i within my rights not to pay them..it is also coming up to the 6 year mark there is no ccj on the debt just defaulterd date 16/8/01 and balance satisfied....makes me wonder if aktiv have got the debt at all..........

[lookinforinfo]

If Aktiv didn't have the debt I think they would either have said that they

didn't have to respond as they weren't the owners, or totally ignore your

request. As they have responded, albeit with the wrong documents, it is

probably safe to assume they do own the debt.

 

However only time will tell if they have a copy of the original agreement. You

will have little chance of getting a copy of the deed of assignment as that

is not covered by a cca request.

Unless you prefaced your cca request with a statement that you did not

acknowledge the debt, then the fact that you asked for details of the debt

can be sufficient to restart the debt for another 6 years.

 

But if Aktiv are the debt owners, if they fail to comply with your request then

the debt becomes unenforceable without resort to a Court Order.

[fastlad]

dous any one have a good cover letter to send to debt recovery agents if they do not send me the arriginal credit agreemant within the stat 30 days....thanks

[fastlad]

hi guys

just got letter back from activ bang the 30 days mark telling me they have got the orrignal docs i requested and want my driving license or passport as proof of ID I FIND THE VERY SUSPECT...i have requested the true docs twice now the first in november and second 12 december so they have way over the stat time..I PRUSUME I HAVE TO BE IN POSSESION OF ARRIGINAL DOCS AND NOT THEM.....AND WHY DO I NEED TO PROVE WHO I AM...HAS ANY BODY ELSE HAD THIS..any way depending on feed back i get fom you guys, gunna send them letter saying debt is only enforcible in court of law and that they have commited an offence punishable by fine of upto £5000 or 3 months in prison ..also is it northamton county court i contact and tell the the debt is in dispute..any feed back would be good guys

 

THANKS GUYS:)

[MARTIN3030]

Aktive Kap are masters at evasion when it comes to THEM having to comply.

Under the data protection act a data controller can refuse to release information if the request cannot be satisfied by the applicant producing proof of who they say they are.sec. 7(3) a

I am not certain if this applies to a request for info under the CCA although as stored/filed personal information it is likely to fall under the dpa.

 

proof of ID can be one of each from the following;

 

for name

 

copy of full uk driving licence/photocard driv lic

copy of passport

copy of birth cert

copy of marriage cert

 

for address

 

copy of full driving licence

utility bill (last 3 months dated )

bank or cc statement (recent)

benefit or pension book

inland revenue communications

copy of tennancy agreement.

 

It is laughable that they request this since they are satisfied when it suits them to send letters demanding payments.

 

By the way it is not 30 days.....its a calendar month

If the the last day falls on a weekend then it moves to the next weekday too.

[fastlad]

but they have already defaulted from the request i made in november all they sent me was print out of payments made from my account and they didnt ask for any proof then? could i send photo copy of passport.or should i send them any thing at all just go to letter saying THEY HAVE DEFAULTED

[MARTIN3030]

I would not give them time of day now.

You can either do one or all of these things.

1.Report them to local trading standards

2.Report them to Consumer Direct

3.Report them to the Information Commissioner and FOS

4.File a court order requesting disclosure/breach of the data protection act and an order to stop further processing your data.

[lookinforinfo]

They didn't think it necessary to ask for proof of ID when they wrote to you

asking for money, or processing your data via the Credit Refeence Agencies.

So are they saying they have been processing your info. without being

certain that you are who you think they are?

 

I would write back saying that they should have ascertained your identity

before processing your data or writing to you for repayment. As they are

unsure of your ID now, it follows they were unsure from the outset. They

have had over a month to ask you and not done so. the inference is that

the request is a smokescreen to cover their breach of the Act. Demand they

fulfil the CCA requirements within seven days, since they admit they now have

possession of the document, send a copy to Trading Standards and advise

Aktiv of that fact.

[fastlad]

yes cheers gunna right back with this got most of it from another thread tell me if it sounds ok

i refer to my letter dated ...... in which i made a formal request under the consumer credit act also my initial conversation i had with youselfs in august 2006 for the true copy of the regulated aggrement referred to in the above account . To date you have failed to comply with my statutory right also you have failed to ascetain my true identity befor proccesing any dated or writing to me demanding payment therfor you have defaulted in this account and under the cca YOU have commited a offence punishable by conviction of fine of upto £5000 or a three months inprisonment.Additionaly the alleged agreement is uninforcable until such time the default is removed or enforced by a court or law.It is further a offence to atempt to enforce the elleged aggreement until such time the default is removed .I have also reported this matter to the office of fair trading and northamton county court informing them of a breach of data protection act and to stop proccesing any further information and to mark the debt as in dispute. ANY FEED BACK GUYS...THERE IS NO CCJ MARKED ON CRED REPORT NEXT THIS, IS IT WORTH INFORMING NORTHHAMTOM COUNTY COURT

[lookinforinfo]

There is no point in tellling the Court since you are not taking proceedings

against Aktiv [yet]. Nor should you say that you are when writing to Aktiv.

 

There are sometimes advantages in not letting the opposition know the depth

of your own knowledge-until it is too late -for them. Just keep this letter

simple. Ask them to confirm that as they are asking you for identification

now, would they confirm that they have been processing your data for the

past few months whilst uncertain as to who you are, and thus in breach of

the Data Protection Act. Or are they simply stalling for time, since they

already have your name and address and they coincide surely with the

agreement they have in their possession-especially as your signature will be on the contract.

[fastlad]

hi guys

the arriginal docs had my old address on so yes they have been proccesing data without truely nowing who i am, but if i stall in sending id off would that not give them more time to get my docs if they are bluffing:confused:

[lookinforinfo]

It probably would Fastlad, but the longer they are in default the better for you. Because a] it puts their ability to enforce the debt further away b]the

longer they take to supply the agreement, the less chance they have of

enforcing the debt.

[fastlad]

cheers mate will send them a brief reply as sugested will keep you posted:D

[fastlad]

hi guys

just a update for any advice,sent aktive short letter as suggested asking them to confirm they want my identification and that they have been proccesing my data wialst uncertain of who i am and that they comply to my arriginal request within seven days.Well got letter back yesterday with a PHOTOCOPY of arriginal docs which looks like it has been taken from a fax it is very poor and you can only just make out the writing...does the cca say i have to be in possesion of the arriginal docs or will a photocopy do....a bad one at that? and of course they made no mention about my identity of which they wanted befor and did not confirm they have been processing my data of which they have...so they do not truely know who i am which is a offence under the Data Protection Act?

it has been over two months from my arriginal request by phone and 38 days from my request by letter and all i have had back is a print out of payments made from my request by phone in november and a photocopy of the docs from request by letter.....surely by now they have defaulted... i have given them enough time to dig themselfs a hole....any thoughts guys on my next action

[lookinforinfo]

Fastlad, it may boil down to what else they sent with the copy of the

agreement. I am assuming it is an executed copy-ie complete with both your

signature and another on behalf of the original creditor? If you read the

agreement then any other documents that they mention in there [like their Terms and Conditions] have also to be included. In addition, they should have included a signed statement of how much you have paid off the loan; how

many payments have been missed; and how many payments are left to be paid. And if you have a payment plan in place with them the due dates of

those payments should be shown too. If you have got all of that then they

have complied with the Consumer Credit Act request [not the Data protection Act-that is for an sar]. They will believe that even if they have only sent the agreement that they can pursue you again. Wrong!!

 

They have twelve working days plus a couple more to allow for the mail, then a further month before they commit an offence. I would be inclined to leave

them alone and do nothing. And wait for them to come to you-and the longer

they take the better.

Just as long as you confirm that all you received was the agreemnt, and that

it was a cca request with a £1 payment.

[fastlad]

hi guys

thanks for the reply,yes it has got two signatures on it but cannot make out a lot of the small print it is very bad but there isnt alot of it.as for terms and conditions they must have been on the other side or on seperate page?.i do have a spread sheet format of payments made from arriginal request with a balance which is the same amount as aktive are asking for £1,052.30 but there is no signiture on it.

when i made arriginal request in november by phone i asked for proof that this debt was mine i said i wanted proof whot payments had been made and whot they were for also proof of a credit aggreemant.they did not ask for a £1 cheque to cover the cost and i didnt now about it at the time so all that was sent me was that spread sheet with a headed letter saying[ we refer to the comunication in respect of the above account and enclose herewith copy of statements as requested] and a demand for payment , so i can only guess they may deny i made a formal request in november at all.....

[lookinforinfo]

I hope that you sent the £1 payment when you made the formal request in

December? Forget about the November request as Aktiv do not have to

respond at all if there is no payment.

 

However, once you include the payment, they must comply with the terms

of the Act. They should send you a complete copy of the original agreement,

[by complete I mean every page of the agreement, not just the first page].

The copy has to be legible because along with the agreement should be

included any mention of other documents in the contract. So if reference is

made to their T&Cs in the contract, then a copy of the T&Cs has to be incliuded.

If you can't read the agreement because it is such a poor copy, then they have not fulfilled the terms of the Act. But if it is capable of being read, although with difficulty, then that may qualify as being legible, so that is not

something you can rely on. But you have to be able to read all the words so

that you know if there are references made to other documents and rules or

regulations that govern the running of the contract between them and yourself. A copy of those rules etc has to be included-if not, then they have not complied with the Act and so cannot enforce the debt.

 

It is interesting that they have not written yet asking for payments to be resumed. So don't push them. This is not a time for fast reactions from you.

Just sit tight and see what they do. Keep all your correspondence and

photocopies and hope they are not going to press you as they know they

are short of their statutory requirements.

If they do write again, let us know.

[fastlad]

thanks lookinforinfo solid advice as ever:)

[fastlad]

No News Yet But Will Keep You Posted:d