Aktiv Kapital

[NADEEM]

Sometime, in February, I sent a CCA letter to our friends as above.

 

They have sent me 1 signed copy of the agreement of a creditor but not the other.

 

I have been making regular payments to them for near 12 months now.

 

Can I now stop making payments to them in respect of the other creditor and ask them to make good any default history on my Credit File and thus the debt is not enforceable.

 

I have the original reply from them from August 2006 asking me to 'bear with them' when I originally asked for the copy of the agreement.

 

As you will note, they are well outside the 12+30 day period.

 

I am happy to send them a recorded delivery letter to confirm that they cannot enforce any further on the 2nd debt.

 

I only found this site today and all assistance will be appreciated in terms of what reply I should send.

 

Thanks

[rory32]

Certainly stop payment if you want to. When was the default applied to the account? Were you sent a default notice?

 

Regarding the other account that they sent you a credit agreement for, are you sure the agreement is enforceable? Have a look at this sticky it should help you http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/105315-my-agreement-enforceable-useful.html

 

If you are still not sure scan and post it in your thread (remove all personal info first).

[NADEEM]

All they have sent me is the original agreement that I took out originally.

 

No other facts are on it apart from the original amount, what I bought from the store.

 

Thats is. Just the original application form.

 

Your comments?

[NADEEM]

I am sending a letter out this morning advising no payments are forthcoming with evidence of letter requests and that the alleged debt is now not enforceable, stop calling me etc.

[Curlyben]

If they have sent you the original agreement AND it is enforceable then payment MUST be made.

 

As rory suggested, can you scan and post a copy for use to have a look at.

[NADEEM]

Yes, I will scan asap and upload.

 

Also, the letter has just been printed for the other alleged debt they have defaulted on and is going out today that payment will not be made as they have not complied.

[Curlyben]

Hold fire on the letter UNTIL they demand payment.

Then assuming that they have passed 12+month report them to Trading Standards.

[NADEEM]

Would it not be easier to send this letter out?

Any reason as to hold on to the letter?

 

All advice appreciated!

[Curlyben]

If they AREN'T demanding payment then let them stew.

The longer it takes to comply with your CCA the better.

[NADEEM]

Hi

 

Can anyone advise me how to upload the 2 documents I have in my possession for further comment.

 

Many thanks

[Percival Wigglesbottom]

I think they scan them in, make a jpeg and host them on that photobucket site .

[NADEEM]

Hi

 

Here are the links to the 2 documents.

 

Can any of our learned friends confirm these are properly executed credit agreements?

 

Many thanks!

 

Image of AKTIV KAPITAL 2 - Photobucket - Video and Image Hosting

 

Image of AKTIV KAPITAL 1 - Photobucket - Video and Image Hosting

[Percival Wigglesbottom]

has the total amount of credit..

 

has the APR...

 

has both sigs ... ummm, think that might be a good one ...

 

hold on, repayments.. cant see them atm.. squinting to read some of it hehe

 

See that now .. 36 months, has regulated by credit act 1974 etc ...

 

T & C ....

 

Looks good to me (

 

Maybe see what others say thou, everytime a cca is posted always some say its a good one others say its not ...

[NADEEM]

Thanks, there is not issue on payment I am happy to do so and have been paying on them.

 

Any others care to comment?

[NADEEM]

Today, I have received the normal standard letter from them, with a copy of an application form for a revolving store card account.

 

There is no APR on it. I will try and upload asap for further comment.

 

They also go on to say that they are not the original creditor, nor provided the original credit facility and purchased the debt with a right to collect the balance.

 

Lo and behold, they have no obligation to provide me a copy of 'that agreement'.

 

Needless to say the letter will be fired off tomorrow informing them of their legal obligations!

[NADEEM]

Dear Learned Friends,

 

Please see the link below and confirm this is an application form that our good friends sent me when CCA'd

 

The clock keeps ticking for the poor chaps...

 

Image of AKTIV KAPITAL 1 - Photobucket - Video and Image Hosting

 

The reference is AK3 on the 3 pictures, just in case there is confusion!

 

Many thanks

[NADEEM]

Morning All,

 

Anyone care to comment?

 

Thanks

[rory32]

I'm afraid I can't read any of the small print.