Aktiv Kapital default removal

[Mr B]

Hi all

I have a default on my credit file against Aktiv Kapital. After reading a thread on here I sent them a letter (taken from SurlyBonds template) asking them to stop processing my information. This is the response I received:

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My opinion is that their response is but what I expected. I don't believe that what they say is in line with the law as I read it and that, given that the default shows their name, they can claim that there is nothing they can do.

Can someone give some advice on what to do next.

Thanks

Mr B

[skyebee]

Well Mr B, questioning the default is rather the end of the process, rather than the beginning. What has gone on before this, have you ascertained whether there was a valid agreement linking you the the assumed debt? In other words, have you sent a CCA request for a true copy of the original executed agreement, enclosing a £1 postal order? Has a ccj been awarded against you, if so, did you defend the action?

Have a look through here, letter 7 is the one to start with if no court action has been taken against you.

http://www.penaltychargesforum.co.uk...ad.php?t=38807

Its extremely hard to get defaults removed from your credit record, hard work but not impossible. You may have to take them to court to achieve this, so one step at a time is needed to build your case.

[Mr B]

Thanks for the reply Skyebee.

The letter was more to request that they stop processing my information as, due to the credit agreement being terminated, they no longer have my consent to do so.

The letter sent was from a template in the following thread:

http://www.penaltychargesforum.co.uk...ad.php?t=32852

Mr B

[skyebee]

You need to establish that there was a credit agreement to terminate to start with. No valid enforceable agreement, helps your case against the default if you take it to court. Additionally, the default has to be accurate, did you receive penalty charges for late payment etc...?

[Mr B]

Thanks Skybee, just re-read this thread now I have a spare 5 minutes and it makes more sense to me now !!

I will send a CCA request to them on monday but, given their previous letter, expect them to say that they do not have this as they purchased the debt.

With regards to defaults can these be re-assigned if a debt is purchased ? I ask because I do not recall ever seeing a default on my credit report for GE Capital Bank who Aktiv Kapital bought the debt from. Further to this I do not recall receving a default notice from either of them, guess this fact will be aided by the fact that Aktiv Kapital have already admitted that they will not be able to provide a copy.

Thanks again for your help

Mr B

[MoonHawk]

When an account is assigned, under the guidelines from ICO, the responsibility of the CRA files is allocated in the agreement between the parties. Either the original company remains responsible and carries on updating the records as normal, or more likely the CRA records are taken over by the assignee, and their name put on the records as the account holder. No specific action is required outside of the notice to the debtor that the account has been assigned.

Best Wishes
MoonHawk

[Mr B]

Hi again all

Have received a response to my CCA request from Aktiv Kapital. In the letter they state that they refer me to the correspondence from the 15th January which constitutes their final response on the matter.

In the letter from the 15th January they say that as they purchased the original debt they have no obligation to provide a copy of the default or credit agreement.

I assume that this isn't exactly true as most of their letters seem to hint at the fact that they beleive themselves to be well above the law.

What is the next step ??

Thanks

Mr B

[MoonHawk]

If they are not responsible for that then they also have no right to take you to court.

Can you paste up the exact wording of the two letters?

Best Wishes
MoonHawk

[Mr B]

Hi Moonhawk

I received 2 letters on the same day. The first was dated the 20th February and read:

Dear Mr B

Your recent communication in respect of the above account refers.

Please bear with us while we investigate the matter further.

We will write to you with our findings in due course

The second letter was dated the 21st February and read:

Dear Mr B

We refer to your recent communication regarding this account and advise that your comments have been noted.

We would refer you to our correspondence o the 15th January which constituted our final response in this matter.

A refund of your CCA fee of £1.00 is duly attached

Obviously the letter from the 15th is linked to earlier in this thread.

Any help would be much appreciated.

Mr B

[MoonHawk]

What was the wording of the response letter?

Best Wishes
MoonHawk