Aktiv Kapital and Lloyds debt

[mrrj]

Hi all

last week i had put a thread on here about Kings hill and a court case, after all your advice

 

i also sent a cca to activ ref an old lloyds debt they are chasing me for .

This morning i received a letter from them saying ,

 

We acknowledge receipt of your info under the consumer credit act .

We can confirm that the info has been requested from your original creditor and we aim to provide you with this same information within the statutory 30 day period .

 

Is this good ? and is there anything else i need to do>

[djdave]

They've got 12 working days from receiving your request in which to reply. 30 days after that they're committing an offence.

 

They should be aware of the legal timescales, it's not your job to remind them. Sit tight and see what - if anything - they send you.

[Filthy Monkey]

I checked my credit account with Equifax one day to find a default from these guys for a debt I knew nothing about.

 

I contacted them and they couldn't give me any details of the name of the company or when I allegedly took on the debt.

 

I insisted that they removed the default, as they had not issued a default notice and had no grounds to state that I was actually in default of an agreement, which they did (it was actually removed by the next day!).

 

I also asked them to send me out a copy of the agreement, which they promised to do within the standard period.

 

Needless to say, it never arrived.

These companies often buy a portfolio of outstanding debt from finance houses and try their luck at claiming it back in the hope that a percentage of people will just pay up.

 

Unless you receive anything from them to prove that you took out the agreement and that it is not time barred under the Limitations Act of 1980, there is nothing they can do to enforce it. Sit tight and see what they come back with.

 

It may be worth checking with the credit reference agencies to make sure that no adverse data has been applied...

[Switch]

Hi all last week i had put a thread on here about Kings hill and a court case, after all your advice i also sent a cca to activ ref an old lloyds debt they are chasing me for . This morning i recieved a letter from them saying , We acknowledge recipt of your info under the consumer credit act . We can confirm that the info has been requested from your original creditor and we aim to provide you with this same informayion within the statutory 30 day period . Is this good ? and is there anything else i need to do>

 

Don't hold your breath for the information you requested mrrj, I requested mine from Aktiv Kapital in August 2006, and to this day I am still waiting even though they acknowledged my initial request 2 days after me writing to them and again in October 2006 both times saying that I will have the information within 30 days.

[mrrj]

Thanx guys sounds quite possitive ,like most of the other posts on here sounds like i just gotta count the days go by.

[mrrj]

Today i received a letter from active

 

"we have requested a copy of the original application form from the originator , however they are unable to retrieve this from their archives ,as this is an aged debt .

 

However as you have made payments towards discharging the balance, there can be no dispute in respect of the balance due , hence we do not see the relevance of the copy of the application form .

 

with respect , you should have retained your own copy at point of signature. "

 

Any advice as to where to proceed from here .

 

I may have made a very small payment to this company years ago?

[gizmo111]

I may have made a very small payment to this company years ago?

 

Any idea exactly how many years ago?

What was this debt for? ie credit card or bank acount?

[djdave]

That's a classic. Maybe you should have kept a copy, maybe you shouldn't. But that doesn't alter the fact that they have a legal obligation to supply a true copy on request.

 

The fact that you paid them some time back doesn't change a thing, apart from resetting the clock for statute barring.

[mrrj]

Hi i may have made a pyment about 3 years ago and the debt was a bank loan.

[mrrj]

This must be a standard letter because they have put my name and address at the top the letter is made out Dear mr somebody else , classic.

[pmhcfc]

Hi i may have made a pyment about 3 years ago and the debt was a bank loan.

 

No OA = No debt- despite what Activ want to say

[mrrj]

Well in 2 more days aktiv will pass the 12+30 days period ,i have recieved no more post from them ( no surprise ) . Up untill last week i recieved a very high number of calls from them ( of course i was not willing to discuss anything with them ).Just wondered if anyone can give me a few pointers as to how to get them to remove the default from my records.

[stormo]

Hello mrrj, i sent off my for credit reports and received one with a default still showing from 1997?,i must admit `ive paid this debt off in full way back in 2005 ages before i discovered CAG and became aware of my consumer rights.

 

What i did was write to the Credit ref agency or agencies and ask about the DCA right to process data with no proof of the alleged debt or in my case debt in existance,i had no ccj`s attached either it was just a plain vanilla default notice sat in the report,my main objective was to erase the entry,result default erased mission success

 

had to wait a few weeks but default was removed at the CRA`s end and i was sent an updated report confirming this had be done.

 

Hope this helps regards S

[mrrj]

Aktiv are now well over the 12+30 days so i wrote to them asking for them to remove the default ,today i recieved a letter fro them.

Dear sir/madam

 

We acknowledge receipt of your request for information under the Consumer credit act 1974. We can confirm that the info has been requested from your original creditor and we aim to provide you with this info within the 30 day period.

 

They have already told me that the original credit no longer has a copy ,R these people stupid .What do you have to do to get through to them?

[stormo]

Hello mrrj, I`ve had dealings with these under the guise of Thames credit,i had been paying these for years and like you found out they could be challenged under the comsumer credit act 1974 by asking for a copy of your proper executed agreement etc.

 

They said that they would be contacting the original creditor,and to date not produced the agreement under the timescale allowed,and are in major default under these regulations.

 

I have written confirmation that my original creditor hasnt got my agreement so they are well and truely stuck

 

good luck with your campaign

 

Regards S

[ODC]

I got a letter from these Muppets about some debt I allegedly owe to DSG (whom I presume are Dixons Store Group) I know for a fact I never had any dealings with DSG so it looks like they are on a fishing trip.

 

So as far as Im concerned they can Foxtrot Oscar