Is This CCA Enforcable?

[gonchuk]

Hi Never-In-Doubt, you've been highly recommended from moneysavingexpert!

A quick history of my situation first:

1. May of this year Aktiv Kapital started sending me letters requesting payment of neary £3000 of a defaulted account with Egg from May 2006. I'm not denying the debt, but I was never chased for it, so was just sitting it out waiting for the 6 years to pass so it became SB. As I thought there was no CCA, I sent them a prove it / CCA 12+2 on the 25th June 2010 (attached AK1). They replied with a fob off reply saying that 'the accout was on hold whilst they endeavoured to locate the paperwork'. I also noticed at this time that the Egg default had dissapeared from Experian and was marked as satisified in une 2006 on the Equifax report!
2. Unfortunately, because I didn't hear anything and because my credit reports looked good at the time, I didn't send an account in dispute letter until October (when I noticed they had placed new defaults on my credit reports for AK, with the same default date of May 2006). I sent them an account in dispute letter (attached AK2). They sent back another fob off 'account on hold while we try and get the paperwork' letter.
3. I was just about to reply to them when, on the 27th October (nearly 4 months after requesting it, and after sending an 'account in dispute' letter beginning of October) I received a copy of the CSA (attached), with an accompanying letter basically saying that 'whilst they endeavour to obtain documents within the prescribed time scales, due to the fact they were not the orginal creditor, it took longer'. They have also given me 14 days to give them proposals for payment.

My questions are this:

1. Is the CCA itself actually legal?
2. This may prove the CC was in my name, but it doesn't actually prove the default as there is no statement of account or notice of default. Can I get them on this?
3. They took nearly 4 months to get the information to me - as this is longer than the 12+2 days, can I get them on this?
4. If I can fight this, what should my next move be?

Your help would be greatly appreciated!

[Never-In-Doubt]

Re: Is This CCA Enforcable?

Hiya

I have deleted the uploads as we do not allow that here. Please read this and provide the info requested.

Thanks - viewtopic.php?p=6789#p6789

If you want me to check agreements, then email me - see my signature for email address.

[Never-In-Doubt]

Re: Is This CCA Enforcable?

My questions are this:

1. Is the CCA itself actually legal? Email me, but it will be "legal" - naturally. The word is "lawful"
2. This may prove the CC was in my name, but it doesn't actually prove the default as there is no statement of account or notice of default. Can I get them on this? The default will drop off in 2012, don't worry about the default - that will stay no matter what.
3. They took nearly 4 months to get the information to me - as this is longer than the 12+2 days, can I get them on this? Yep, and whilst they delay with their response it is unenforceable. When they send a response it becomes enforceable again.
4. If I can fight this, what should my next move be? Email me the agreement first - before doing anything

Your help would be greatly appreciated!

See my replies above, in red. 2

[gonchuk]

Re: Is This CCA Enforcable?

Oops apologies for that - was way too hasty. Read and understood! ;Red

[gonchuk]

Re: Is This CCA Enforcable?

Hi Niddy, as requested I've emailed you the files

Type of Account: Credit Card
Date Commenced: 12/11/2002
Approx Balance:£2800
Date last full payment: unsure, around Jan / Feb 2006
Status: Not paying, in default (June 2006)
OwnerCA (Aktiv Kapital)

May: Aktiv Kapital send letter saying they've purchased debt
May: Aktiv Kaptial send further letter
June: Aktiv Kaptial send further letter
25th June: Send request for CCA (attached in email)
29th June: Aktive Kapital send fob off letter, saying account is on hold whilst they get docs from original creditor
June: Check CRA - default has been removed from Experian and marked as Satisfied on Equifax ;-y
October: Check CRA - default is now in Aktiv Kapitals name
8th October: Send Account in Dispute letter (attached in email)
October: Aktiv Kaptital send another fob off letter
October 28th: CCA sent (attached in email) giving 14 days to contact them with payment proposals
November 9th: :UE so sent Missing Prescribed Terms letter, as recommended by Niddy
November 11th: Another fob off letter saying they are trying to get the documentation...errrr, this is the docs that they've sent already, which are UE ;D
November 25th: AK have sent the exact same CSA as they sent on the 28th, with a covering letter from the original CC company
December 15th: Letter sent to me saying my account is on hold (the same as 29th June basically)

Your help would be greatly appreciated as to my next move!

[Never-In-Doubt]

Re: Is This CCA Enforcable?

8th October: Send Account in Dispute letter (attached in email)
October: Aktiv Kaptital send another fob off letter
October 28th: CCA sent (attached in email) giving 14 days to contact them with payment proposals

Your help would be greatly appreciated as to my next move!

Hiya, that is not enforceable muppets! respond to Aktiv with this: ---> viewtopic.php?p=1503#p1503

Keep us updated.... :UE

[gonchuk]

Re: Is This CCA Enforcable?

Thankyou so much for looking, really appreciate your time on this, sites like this are a godsend to me..... I've just had a horrid thought though ;P-;

I blanked out all the info like signatures / addresses etc as requested on other sites, the copy I sent you has this all blanked out - this is the copy I sent you. I didn't mention this to you in the email, I completely forgot to, so sorry.

I'm not sure if you've marked it unenforcable because of the lack of signature, or something else...I'm really hoping 'something else' and it is still unenforcable!

[Pixie]

Re: Is This CCA Enforcable?

Thankyou so much for looking, really appreciate your time on this, sites like this are a godsend to me..... I've just had a horrid thought though ;P-;

I blanked out all the info like signatures / addresses etc as requested on other sites, the copy I sent you has this all blanked out - this is the copy I sent you. I didn't mention this to you in the email, I completely forgot to, so sorry.

I'm not sure if you've marked it unenforcable because of the lack of signature, or something else...I'm really hoping 'something else' and it is still unenforcable!

I wouldn't worry, it'll probably be 'something else'.

Like you say, Niddy used to see agreements with personal details blanked out on MSE and BALWI and could still decide if they were UE or not. You haven't got long to go before it's statute-barred anyway (June 2012)

[Never-In-Doubt]

Re: Is This CCA Enforcable?

It's fine. Nothing to do with signatures. The prescribed terms and the form itself cause ue - a signature doesn't matter.

In future though try and leave the document intact. Thanks.

[Never-In-Doubt]

Re: Is This CCA Enforcable?

As per pixie - going down ue channel does not affect statute barred either lol. You're disputing the debt, period. Thus not admitting it. ;-)

[gonchuk]

Re: Is This CCA Enforcable?

Great news! Thankyou so much for your help - will send the letter of recorded Monday and will let you know what happens!

[Never-In-Doubt]

Re: Is This CCA Enforcable?

cheers y

[gonchuk]

Re: Is This CCA Enforcable?

Hi, me again (sorry!)

Just before I send the reply off, I had another awful thought - along with the letter and the CCA, they also sent through a copy of CCA1974 and an Egg T+C document. As I am so new to this, I thought the only doc that mattered was the the CCA, so I didn't mention the rest of the paperwork as I thought it trivial.

I've just reread your comment - The prescribed terms and the form itself cause ue - and now I'm doubting it again as these docs could be the 'prescribed terms' you're talking about. I'm at work so haven't got copies of these docs to hand. Is it worth me emailing you a copy this evening before I do anything?

Sorry to be a pain in the @rse - newbies eh?

[Never-In-Doubt]

Re: Is This CCA Enforcable?

Stop worrying, believe it or not i've seen hundreds, if not thousands of agreements and I know what comes with each lender so would ask you outright if I need something. I am aware of how agreements are formatted and know Egg comes on like 15 pages (lol) but the fact remains, they are NOT linked to the accompanying signatory page which makes it UE.

Stop worrying about things, if I need more paperwork, i'll ask for it - but in the main you need to get into the habit of scanning anything you get and then send it me all - its easier for me to cherrypick what I need out of the stuff you send.

Niddy

[gonchuk]

Re: Is This CCA Enforcable?

Lol - OK I promise I'll stop worrying ;Red

Letter duly sent, will let you know how I get on!