MBNA - Aktiv Kapital x 2

[JammyDodger41]

Re: MBNA - Aktiv Kapital x 2

Thanks Mineral.

We sent the letters requesting no phone contact three years ago when it was with Aktiv Krapital and they stopped immediately, but they appear to be ignoring that now that they are PRA. If I write, is that classed as starting up contact again though as we were trying to get these statue Barred and I thought we had to have had no contact whatsoever for six years. Please feel free to correct me if I am wrong or have my wires crossed. This is the reason why I havent complained about Harassment yet.

Thankyou. I will take a read of the link you have sent also

[Mineral1]

Re: MBNA - Aktiv Kapital x 2

Make a written log of phone calls time date etc etc, if they carry on after you write and tell them to desist then they will be in sh@t!!
:tinysmile_grin_t:

[Mineral1]

Re: MBNA - Aktiv Kapital x 2

Protection from Harassment Act 1997 - Damages - NEW TEMPLATE - Roberts v BoS[2013]

[JammyDodger41]

Re: MBNA - Aktiv Kapital x 2

Hi All,

I hope you are well. Hope you don't mind me popping back yet again for more advice re these two accounts.

Since my last post all has been quiet until just before Christmas when the phone calls began again on the home phones and mobiles which we use for our business. The calls were coming from PRA Group who I understand have acquired Aktiv Krapital ? I haven't actually answered any of the calls, but my husband has ,although when asked to go through security he refused and also has not confirmed any personal information to them. We then received a letter with regards to Account number 1 basically just asking us to ring them, confirm our details and pay them.

My question is how we deal with this , as the phone calls are driving me a bit mad, makes it very difficult when working as to figuring out which calls to answer and which not to ,as they are also using a variety of different numbers to contact us from and also mobiles. If I write to them and ask them to remove our numbers etc and ask them to stop calling, I am beginning communication once more which we were trying to avoid, or do I once more send the Prove It letters . I assume that regardless of all this communication back and forth with Aktiv Krapital this is now null and void in their eyes ?

What would be the best tactic please in your opinion ?

Many Thanks once more for your advice.

Do I assuem that as

[JammyDodger41]

Re: MBNA - Aktiv Kapital x 2

Thankyou, that's my thought. they haven't provided me with anything, not been in touch for a nearly a year and am assuming they are just trying to re start communication with us. My plan is to ignore it and see if they send anything else but I wanted to just check with everyone on here as you are far more knowledgeable about these matters !

[ODC]

Re: MBNA - Aktiv Kapital x 2

Hi All,

Hope everyone is well. I'm back after a long absence as today a letter has arrived from AK re the larger of my MBNA Acc Number 1. I have heard nothing from them since last year. This letter today, is addressed to us obviously at our home address. It then reads as follows -

" I refer to recent correspondance regardign the above referenced account.

In order to resolve this mater and to assist us with our investigations, please confirm the date you left the address of ............ ? ( the address mentioned is our current address and the one which the letter was addressed to )

A prepaid envelope is enclosed for your convenience and look forward to hearing from you within the next 14 days."

I am assuming that all they are trying to do here is start communication back up again. If by sending the ketter to our adress and we therefore answer it is confirming to them that we still live here. Would you be in agreement with this ? Shall I just ignore this letter please ?

Thankyou again for your help.

the choice is yours. Personally I would ignore them. They have not produced anything new.

[JammyDodger41]

Re: MBNA - Aktiv Kapital x 2

Hi All,

Hope everyone is well. I'm back after a long absence as today a letter has arrived from AK re the larger of my MBNA Acc Number 1. I have heard nothing from them since last year. This letter today, is addressed to us obviously at our home address. It then reads as follows -

" I refer to recent correspondance regardign the above referenced account.

In order to resolve this mater and to assist us with our investigations, please confirm the date you left the address of ............ ? ( the address mentioned is our current address and the one which the letter was addressed to )

A prepaid envelope is enclosed for your convenience and look forward to hearing from you within the next 14 days."

I am assuming that all they are trying to do here is start communication back up again. If by sending the ketter to our adress and we therefore answer it is confirming to them that we still live here. Would you be in agreement with this ? Shall I just ignore this letter please ?

Thankyou again for your help.

[FlamingParrot]

Re: MBNA - Aktiv Kapital x 2

Thankyou all !

Nope Flaming Parrot all they have sent in this last package are statements with the payment info ie how to pay etc . The only other information they have sent me is that which I scanned on the 10th June I think it was.I have had absolutely nothing else from them.

I see, have read back and note that you got an application form and some terms, and you replied on that occasion: http://www.legalbeagles.info/forums/...377#post349377

As they haven't really sent anything resembling an agreement, I would just wait for them to pass the account to their collections division as promised, once they write to you again (if they ever do), post up here and we'll sort you a suitable reply. :typing: You've already told them the account is in dispute and why, and they didn't remedy the breach with their latest ream of paper, so your previous communication still stands. :thumb:

[JammyDodger41]

Re: MBNA - Aktiv Kapital x 2

Thankyou all !

Nope Flaming Parrot all they have sent in this last package are statements with the payment info ie how to pay etc . The only other information they have sent me is that which I scanned on the 10th June I think it was.I have had absolutely nothing else from them.

[FlamingParrot]

Re: MBNA - Aktiv Kapital x 2

Im back again ! I Have today received a huge envelope from Aktiv Kapital re MBNA number 2. Reads as follows
" We refer to your request for further documentation / further information regardign your agreement with MBNA under sections 77 to 79 of the consumer Credit Act.

Please now find attached the documents provided to us by the original creditor and we now look forward to your proposals for payment within 14 days.

I Have been through the huge pile of papers they have sent, each one is a photocopy of a Virgin MBNA statement from 2011 and a couple from 2012. There is the odd page of payment information, ie interest allocation, how to contact them, making a payment to MBNA and the important information behind a couple of the statements. There is absolutely nothing else included.
I would appreciate your thoughts on my next move or response to this please if possible. Thankyou again.

Should we receive no response from you, the accoutn will be passed to our collections division for further action "

Is there nothing resembling an application form and/or terms and conditions? :confused2:

[charitynjw]

Re: MBNA - Aktiv Kapital x 2

Rather than where it is now - their illegal department? :grin:

Illegal, or maybe illegitimate?

Re: MBNA - Aktiv Kapital x 2

CAn someone not write a complete dissertation to send to them?

Well, reminding them of Arkell v Pressdram would probably have the same essential meaning. :grin:

Re: MBNA - Aktiv Kapital x 2

If there is any part of this letter that you do not understand, I suggest that you pass it on to your legal department

Rather than where it is now - their illegal department? :grin:

Re: MBNA - Aktiv Kapital x 2

CAn someone not write a complete dissertation to send to them?

[Angry Cat]

Re: MBNA - Aktiv Kapital x 2

Too long!

Dear Sirs,

Thank you for the recent package of what you stated to be "further documentation / further information regarding [an alleged agreement] with MBNA under sections 77 to 79 of the consumer Credit Act.".

Whilst they were of some interest, none of the documents supplied contained a reconstituted "true copy" (or even an untrue copy) of the executed agreement. In short, you have not complied with my request made pursuant to section 78(1) of the Consumer Credit Act 1974 and, until / unless you do, section 78(6) applies and the alleged agreement will remain unenforceable at law.

Yes, your precised version should do the trick,CC

But just in case the poor dears still do not understand, the following may be of benefit!?
I came across it in one of my files just the other day. But again, EDIT TO SUIT:


Re; your recent reply to my request under section 77-79 of the Consumer Credit Act 1974
I note that you have replied to the above by sending a copy of your companies current Terms and conditions I must inform you that this is not sufficient to comply with the act and that your company is still in default.

To clarify:
According to the OFT, and the correspondence from the DTI just sending the Terms and Conditions is a breach of the Act and Regulations as, apart from the information that the Regulations provide that you may exclude, the copy must be a “true copy” of the agreement”

This breach of the agreement can be demonstrated as follows;
As you will know section 180(1) (b) authorises, “the omission from a copy of certain material from the original, or the inclusion of certain material in condensed form.”
This refers to statutory instruments made under the heading Copies of document regulations and in this care in particular to SI 1983/1557.

Before leaving section 180 there are two other sections that should be remembered these are:

Section 2(2) (a) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not satisfied unless the copy supplied is in the prescribed form and conforms to the prescribed requirements;
And more importantly

Section 2(b) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not infringed by the omission of any material, or its inclusion in condensed form, if that is authorised by regulations.
You will see that this quite clearly states that whilst certain items may be left out of the copy document the rest of the document must be in the form and contain all items as prescribed by the regulations.

Turning to the regulations regarding what may be omitted from these copies these are contained with SI 1983/1557.

The regulations state:
(2) There may be omitted from any such copy-
(a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations thereunder as to the form and content of the document of which it is a copy; (b) any signature box, signature or date of signature (other than, in the case of a copy of a cancelable executed agreement delivered to the debtor under section 63(1) of the Act, the date of signature by the debtor of an agreement to which section 68(b) of the Act applies);

It is quite clear what can be omitted from the copy document, what is being overlooked is the part highlighted, this again asserts that all other details of the agreement should presented in form and content as required by the regulations.

The requirements of the Agreement regulations 1983/1553 are very explicit in describing the form and content of an agreement and this as I have demonstrated also applies to the copy of any such agreement with the above mentioned proviso.

Nowhere within these regulations does it state that part of the agreement can be presented on a separate document headed terms and conditions.

If your contention that current a set of conditions will suffice is based on section 7 of the copy of document regulations I will clarify this also for you

"7.--(1) Where an agreement has been varied in accordance with section 82(1) of the Act, every copy of the executed agreement given to a debtor, hirer or surety under any provision of the Act other than section 85(1) shall include either- (a) an easily legible copy of the latest notice of variation given in accordance with section 82(1) of the Act relating to each discrete term of the agreement which has been varied; or
(b) an easily legible statement of the terms of the agreement as varied in accordance with section 82( 1) of the Act"

The highlightesd section clearly idicates that this infomation is required in additon to the orriginal terrms and conditions contained within the executed agreement and not in place of them.
I am sure that you are aware that the ability to vary a document is dependant upon the permission given by the debtor in the signature document,and this would therefore need to be shown.

To reiterate all terms and conditions should be within the agreement document and and the regulations are explicit in the form in which it is presented.
I hope this explains why your reply was unacceptable I await a True copy of my agreement and would remind you again that whilst the request has not been complied with the default continues.