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  • snudgerchops
    replied
    Re: Snudgerchops UE Diary.

    Originally posted by Never-In-Doubt View Post
    Ok, that is correct. You only need to do one CCA request and the fact you did it with the last DCA means you would use that date, yes.

    Received letter from Aktiv (Diary updated).

    As folllows:

    Refer to your request. Will endeavour to obtain documents within prescribed timescales - we have to try and obtain from original creditor so may be unable to do so.

    Account is on hold, removed from collection process.


    Minor result I think - Thanks Niddy and all.

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: Snudgerchops UE Diary.

    Originally posted by snudgerchops View Post
    Sorry - just one more question, I never actually requested a copy of the CCA from this mob - they just took over the account, they sent a copy themselves without any request,

    Way back in March I requested it from Experto Credite, the new template asks me to insert the date of my original letter requesting the CCA, so should I insert the date of the letter sent to Experto in March? Hope this makes sense.

    Snudgerchops
    Ok, that is correct. You only need to do one CCA request and the fact you did it with the last DCA means you would use that date, yes.

    Leave a comment:


  • snudgerchops
    replied
    Re: Snudgerchops UE Diary.

    Originally posted by Never-In-Doubt View Post
    I would respond, MBNA have issued 4 users here claims over the last few days so lets not give them reason to be bigger

    I would send this off (to AK) ---> Our Templates | Unenforceability Templates | Final Response - Unenforceability (CCA Received)
    Sorry - just one more question, I never actually requested a copy of the CCA from this mob - they just took over the account, they sent a copy themselves without any request,

    Way back in March I requested it from Experto Credite, the new template asks me to insert the date of my original letter requesting the CCA, so should I insert the date of the letter sent to Experto in March? Hope this makes sense.

    Snudgerchops

    Leave a comment:


  • snudgerchops
    replied
    Re: Snudgerchops UE Diary.

    Originally posted by Never-In-Doubt View Post
    The new legislation won't affect these cases as Paul will hopefully stop them getting a CCJ to begin with.

    The new legislation only affects CCJ's applied for after 1st Oct, but that is not likely to happen with all CCJ applications, if it does then we'll get onto Which! and see if they'll back a super-complaint for reversal/review of system process.

    If they haven't got the clout, then dunno who has!
    Despite the fact that I'm a man I don't mind admitting that I love you!!!

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: Snudgerchops UE Diary.

    Originally posted by snudgerchops View Post
    I totally missed the new legislation - it's terrible.
    The new legislation won't affect these cases as Paul will hopefully stop them getting a CCJ to begin with.

    The new legislation only affects CCJ's applied for after 1st Oct, but that is not likely to happen with all CCJ applications, if it does then we'll get onto Which! and see if they'll back a super-complaint for reversal/review of system process.

    If they haven't got the clout, then dunno who has!

    Leave a comment:


  • snudgerchops
    replied
    Re: Snudgerchops UE Diary.

    Originally posted by Never-In-Doubt View Post
    ordinarily I would agree, but you might have missed the legal section - 4 claims issued in the last week

    Best be safe and stay in touch, or we'll have too many claims and not enough solicitors
    I totally missed the new legislation - it's terrible.

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: Snudgerchops UE Diary.

    Originally posted by ScabHunter View Post
    If they are that desperate for a response I would give them exactly what they don't want, i.e. no response.

    SH
    ordinarily I would agree, but you might have missed the legal section - 4 claims issued in the last week

    Best be safe and stay in touch, or we'll have too many claims and not enough solicitors

    Leave a comment:


  • Never-In-Doubt
    replied
    Re: Snudgerchops UE Diary.

    Originally posted by snudgerchops View Post
    MBNA CREDIT CARD/EXPERTO CREDITE


    Balance: £4300
    Default Date: 12/2009
    Account Opened: 02/2003

    CCA request sent by recorded delivery to Experto Credite. 03/03/2012.
    Letter from Experto Credite, dated 5th March 2012, received 7th March. They have requested the information from MBNA. Full details of the letter can be seen by clicking the link in my first post above.

    26/04/12 - Letter received from 'Aktiv Kapital', dated 118/04/12. They have bought the debt from Experto.
    27/04/12 - Sent in response to above. Our Templates | Unenforceability Templates | Account Sold whilst in Dispute

    Letter from Experto Credite: Supplied documentation as requested.
    10/05/11 Emailed Niddy and he says
    12/05/12 - SENT - Our Templates | Unenforceability Templates | CCA Query - Missing Prescribed Terms
    18/05/12 - Experto Credite - Resolve this balance, statement of account also included.

    20/06/12 - Experto Credite - Failed to resolve matter. Through credit reference agency we cab see improvement in financial circumstances. Account is registered at CRA where a record of the amount is shown at your address.

    09/07/12 - Aktiv Kapital - Purchased outstanding balance with Varde. Contact us arrange payment.

    27/07/12 - Settlement Offer - Not received any communication from you. Call us.

    26/09/12 - Claim to have sent the original credit agreement - the same documents Experto sent and which Niddy deemed unenforcible.

    29/09/12 - Sent this in reply to above. Our Templates | Unenforceability Templates | CCA Query - Missing Prescribed Terms


    Hi All,

    Have received yet another letter from Aktiv Kapital, I ignored the last letter as per the advice received.

    New Letter briefly states:

    Refer to previous communication, copy attached. We not that we have not received a response.

    In order to remedy matters you need to contact us.

    What do you guy's think? Should I also just ignore this one?

    Thanks in advance as always.

    Snudgerchops
    I would respond, MBNA have issued 4 users here claims over the last few days so lets not give them reason to be bigger

    I would send this off (to AK) ---> Our Templates | Unenforceability Templates | Final Response - Unenforceability (CCA Received)

    Leave a comment:


  • ScabHunter
    replied
    Re: Snudgerchops UE Diary.

    Originally posted by snudgerchops View Post
    Hi All,

    Have received yet another letter from Aktiv Kapital, I ignored the last letter as per the advice received.

    New Letter briefly states:

    Refer to previous communication, copy attached. We not that we have not received a response.

    In order to remedy matters you need to contact us.

    What do you guy's think? Should I also just ignore this one?

    Thanks in advance as always.

    Snudgerchops
    If they are that desperate for a response I would give them exactly what they don't want, i.e. no response.

    SH

    Leave a comment:


  • snudgerchops
    replied
    Re: Snudgerchops UE Diary.

    MBNA CREDIT CARD/EXPERTO CREDITE


    Balance: £4300
    Default Date: 12/2009
    Account Opened: 02/2003

    CCA request sent by recorded delivery to Experto Credite. 03/03/2012.
    Letter from Experto Credite, dated 5th March 2012, received 7th March. They have requested the information from MBNA. Full details of the letter can be seen by clicking the link in my first post above.

    26/04/12 - Letter received from 'Aktiv Kapital', dated 118/04/12. They have bought the debt from Experto.
    27/04/12 - Sent in response to above. Our Templates | Unenforceability Templates | Account Sold whilst in Dispute

    Letter from Experto Credite: Supplied documentation as requested.
    10/05/11 Emailed Niddy and he says
    12/05/12 - SENT - Our Templates | Unenforceability Templates | CCA Query - Missing Prescribed Terms
    18/05/12 - Experto Credite - Resolve this balance, statement of account also included.

    20/06/12 - Experto Credite - Failed to resolve matter. Through credit reference agency we cab see improvement in financial circumstances. Account is registered at CRA where a record of the amount is shown at your address.

    09/07/12 - Aktiv Kapital - Purchased outstanding balance with Varde. Contact us arrange payment.

    27/07/12 - Settlement Offer - Not received any communication from you. Call us.

    26/09/12 - Claim to have sent the original credit agreement - the same documents Experto sent and which Niddy deemed unenforcible.

    29/09/12 - Sent this in reply to above. Our Templates | Unenforceability Templates | CCA Query - Missing Prescribed Terms


    Hi All,

    Have received yet another letter from Aktiv Kapital, I ignored the last letter as per the advice received.

    New Letter briefly states:

    Refer to previous communication, copy attached. We not that we have not received a response.

    In order to remedy matters you need to contact us.

    What do you guy's think? Should I also just ignore this one?

    Thanks in advance as always.

    Snudgerchops

    Leave a comment:


  • snudgerchops
    replied
    Re: Snudgerchops UE Diary.

    Originally posted by in 2 deep View Post
    See what they do next........that's what I would do..
    Ok will do.

    Thanks for all the help.

    Leave a comment:


  • Deepie
    replied
    Re: Snudgerchops UE Diary.

    Originally posted by snudgerchops View Post
    Received a letter back from Aktiv today in response to the above.

    In brief: As you have been supplied a true copy of the original agreement I can not see any reason for this account to be considered "in dispute"

    Request your payment proposal by return.

    Account will shortly be returned to our collections department.

    Any idea what I should send next?

    Thanks in advance as always.

    Snudgerchops
    See what they do next........that's what I would do..

    Leave a comment:


  • snudgerchops
    replied
    Re: Snudgerchops UE Diary.

    Originally posted by snudgerchops View Post
    MBNA CREDIT CARD/EXPERTO CREDITE


    Balance: £4300
    Default Date: 12/2009
    Account Opened: 02/2003

    CCA request sent by recorded delivery to Experto Credite. 03/03/2012.
    Letter from Experto Credite, dated 5th March 2012, received 7th March. They have requested the information from MBNA. Full details of the letter can be seen by clicking the link in my first post above.

    26/04/12 - Letter received from 'Aktiv Kapital', dated 118/04/12. They have bought the debt from Experto.
    27/04/12 - Sent in response to above. http://www.all-about-debt.co.uk/templates/unenforceability/s3-t4.php

    Letter from Experto Credite: Supplied documentation as requested.
    10/05/11 Emailed Niddy and he says
    12/05/12 - SENT - Our Templates | Unenforceability Templates | CCA Query - Missing Prescribed Terms
    18/05/12 - Experto Credite - Resolve this balance, statement of account also included.

    20/06/12 - Experto Credite - Failed to resolve matter. Through credit reference agency we cab see improvement in financial circumstances. Account is registered at CRA where a record of the amount is shown at your address.

    09/07/12 - Aktiv Kapital - Purchased outstanding balance with Varde. Contact us arrange payment.

    27/07/12 - Settlement Offer - Not received any communication from you. Call us.


    26/09/12 - Claim to have sent the original credit agreement - the same documents Experto sent and which Niddy deemed unenforcible.

    29/09/12 - Sent this in reply to above. Our Templates | Unenforceability Templates | CCA Query - Missing Prescribed Terms
    Received a letter back from Aktiv today in response to the above.

    In brief: As you have been supplied a true copy of the original agreement I can not see any reason for this account to be considered "in dispute"

    Request your payment proposal by return.

    Account will shortly be returned to our collections department.

    Any idea what I should send next?

    Thanks in advance as always.

    Snudgerchops

    Leave a comment:


  • snudgerchops
    replied
    Re: Snudgerchops UE Diary.

    Originally posted by in 2 deep View Post
    Just delete red text and add .....Thank you for your letter dated xx/xx/xx the content has been noted.
    Brilliant - Will do.

    Thanks as always.

    Leave a comment:


  • Deepie
    replied
    Re: Snudgerchops UE Diary.

    Originally posted by snudgerchops View Post
    Hi All,

    Sorry for all the questions but I've just read the first paragraph of the recommended template: See Below.

    On XX/XX/XXXX I wrote requesting that you supply me a true copy of the executed credit agreement for the above numbered account. In response to this request I was supplied a document, a copy of which is attached, that did not comply with the requirements of the Consumer Credit Act 1974 (CCA1974), primarily as it does not contain all the necessary prescribed terms.

    The fact of the matter is I never requested this information from Aktiv - They just sent it to me. So I think I may need to delete the quoted text above and just send the remainder of the template.

    What do you guy's think?

    Thanks in advance as always.

    Snudgerchops
    Just delete red text and add .....Thank you for your letter dated xx/xx/xx the content has been noted.

    Leave a comment:

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