Hi Im new and need advice re AktiveKapital's confidentiality incompetence

[Zuki]

Hi to everyone.

Im not sure if i should be doing this, however i am a little worried about an on going problem with AK.

In 2013 my husband sent Ak a CCA request. not long after he received a letter back with someone else's details. it gives details of the debt incurred dates and confidential copies of this mans bank account with 24 copies of his bank statements.

What should we do?

[charitynjw]

Re: Hi Im new and need advice re AktiveKapital's confidentiality incompetence

Hi to everyone.

Im not sure if i should be doing this, however i am a little worried about an on going problem with AK.

In 2013 my husband sent Ak a CCA request. not long after he received a letter back with someone else's details. it gives details of the debt incurred dates and confidential copies of this mans bank account with 24 copies of his bank statements.

What should we do?

IMHO, not a lot you can do.
AK have been acquired by PRA.
http://ir.pragroup.com/releasedetail...leaseid=860048

Btw, welcome to LB, Zuki.

[Zuki]

Re: Hi Im new and need advice re AktiveKapital's confidentiality incompetence

Thanks for the welcome and thanks for responding to my question.

[Diana M]

Re: Hi Im new and need advice re AktiveKapital's confidentiality incompetence

Im not sure if i should be doing this, however i am a little worried about an on going problem with AK.

In 2013 my husband sent Ak a CCA request. not long after he received a letter back with someone else's details. it gives details of the debt incurred dates and confidential copies of this mans bank account with 24 copies of his bank statements.

What should we do?

You've done nothing wrong so no need to worry. It's AK who should be worried if they were in breach of the DPA.

May I ask why your husband sent a CCA Request to AK? Is he being chased for a debt? This incident was three years ago so I was wondering if things had escalated since then which may mean you need the forum's help. You referred to this as "an ongoing problem"

Di

[Zuki]

Re: Hi Im new and need advice re AktiveKapital's confidentiality incompetence

Hi Di

Just a quick run down....

AK chased for a debt. CCA request sent, they sent covering letter stated a different balance relating to this other persons debt however with my husbands name and details on the letter, with details of a different debt amount and included the 24 page statement of this other persons bank details.

After that letter we heard nothing for 1 yr. then another letter arrived stating they were not in possession of documents my husband requested.

The next communication came Dec 2014 later from PRA stating that AK had changed its name to PRA. No more communication with them until May 2015, PRA sent a statement of account with total payments received 0.00.

May 2015 they sent statement of account, payments received again 0.00, with an option of settlement.

June 2016 PRA sent letter stating they had purchased the outstanding balance with Lloyds and the account is being managed by investigations and litigation dept for possible litigation recovery.

June 2016, Another CCA request sent to PRA their response was to return the £1. stating that they are not required to send the info because of sensitive commercial info in relation to their business.

June 2016, informing that the account has been transferred to the lit dep. They also stated that my husband had entered into a written agreement with lloyds on or about January 1999.

July 2016, a county court claim form came through the door.

My husband has now sent and acknowledgement to the court to defend and a letter to PRA request for documents (CPR 31.14).

My Concern is.... that there is doubt as to the inability of AK to keep accurate records and how do we know that the debt passed on or bought by pra is accurate let alone they fact that no agreement has been forthcoming.

Do we have a case in court to defend....


BTW ... we sent copies of the bank statements and covering letter to the guy who's info we received.. he got money off his debt...

[charitynjw]

Re: Hi Im new and need advice re AktiveKapital's confidentiality incompetence

Hi Zuki.

What is the alleged debt for? (ie credit card, loan etc) & how much?

Re the June 2016 CCA request to PRA, what 'commercially sensitive' info did you guys ask for?

[Diana M]

Re: Hi Im new and need advice re AktiveKapital's confidentiality incompetence

I had a hunch that you might have received a claim.

Was the "letter" you sent to PRA last month (with £1) definitely a s.77/78 CCA request? I only ask because you say the reply said they wouldn't provide the paperwork because the information was commercially sensitive. That's the normal response you get when you ask for a copy of the Deed of Assignment.

Assuming it was a s.77/78 CCA request and you've not been sent the documents, then you currently have a Defence to the claim. That could change if they provide the paperwork subsequently.

Was this Lloyds account opened in 1999 and was it a credit card, or a personal loan or an overdraft?

How much are PRA claiming and are they using their own in-house legal team or have they instructed solicitors (typically Judge & Priestley or Chivers)?

Di

[Diana M]

Re: Hi Im new and need advice re AktiveKapital's confidentiality incompetence

What is the alleged debt for? (ie credit card, loan etc) & how much?

Re the June 2016 CCA request to PRA, what 'commercially sensitive' info did you guys ask for?

Our posts crossed or is there an echo in here

Di

[Zuki]

Re: Hi Im new and need advice re AktiveKapital's confidentiality incompetence

The alleged debt .. 4000.00 on a credit card.

We did not ask for any commercial sensitive info. we just sent a CCA request to include the £1 fee.

[Diana M]

Re: Hi Im new and need advice re AktiveKapital's confidentiality incompetence

When did you last make a payment to the account?

Di

[charitynjw]

Re: Hi Im new and need advice re AktiveKapital's confidentiality incompetence

Our posts crossed or is there an echo in here

Di

Lol!..........I reckon you were cribbing my answer sheet!

[Zuki]

Re: Hi Im new and need advice re AktiveKapital's confidentiality incompetence

The letter was a CCA ... s.78 (1) Consumer Credit Act 1974.....

... asking for a copy of the alleged agreement. a copy of full statement of account, a signed true copy of deed of assignment that allegedly exists and a copy of any other documents referred to in the agreement.

the alleged debt with lloyds was 1999.. credit card

PRA are using the litigation director at PRA... im assuming its in house.

[Zuki]

Re: Hi Im new and need advice re AktiveKapital's confidentiality incompetence

we have not made any payments to AK or PRA , yet PRA say that there have been payments made. one payment of £12.00.

[charitynjw]

Re: Hi Im new and need advice re AktiveKapital's confidentiality incompetence

The letter was a CCA ... s.78 (1) Consumer Credit Act 1974.....

... asking for a copy of the alleged agreement. a copy of full statement of account, a signed true copy of deed of assignment that allegedly exists and a copy of any other documents referred to in the agreement.

the alleged debt with lloyds was 1999.. credit card

PRA are using the litigation director at PRA... im assuming its in house.

Resend this one http://legalbeagles.info/forums/show...y-of-Agreement
£1 PO, & get proof of postage (SignedFor post is best)

we have not made any payments to AK or PRA , yet PRA say that there have been payments made. one payment of £12.00.

This could be a non-payment fee.
Do you know when this was allegedly 'paid', & have you got access to your historic bank account records?

[Diana M]

Re: Hi Im new and need advice re AktiveKapital's confidentiality incompetence

we have not made any payments to AK or PRA .

When was your last payment to Lloyds?

Di