Aktiv Kapital - back to OC now?

[whitlander]

Hello

This is my first post, so I'll take the opportunity to thank you for taking your time to read this.

I've been lurking for a while and have decided to sign up in response to a recent letter from Aktiv.

Back in June 2013 I wrote to Aktiv Kaptial asking for my CCA and Deed of Assignment within prescribed time limits as per section 77. They wrote back to me in December 2013 with copies of my credit card statements (account opened online in 2009) and what they say is my CCA; there was no mention of deeds. The CCA they supplied is a bad photocopy that is barely legible and in fact isn't readable at all in places. This document doesn't bare any signatures but does have a box ticked next to the word 'signature' and is dated in print.

I'm wondering what should be my next move as I understand they have defaulted on my request by not responding with 12 days. I'm also wondering what to make of the CCA they supplied. If it helps I can upload an image of it, but I doubt anyone will be able to read it.

[FlamingParrot]

Re: Aktiv Kapital - back to OC now?

Hello

This is my first post, so I'll take the opportunity to thank you for taking your time to read this.

I've been lurking for a while and have decided to sign up in response to a recent letter from Aktiv.

Back in June 2013 I wrote to Aktiv Kaptial asking for my CCA and Deed of Assignment within prescribed time limits as per section 77. They wrote back to me in December 2013 with copies of my credit card statements (account opened online in 2009) and what they say is my CCA; there was no mention of deeds. The CCA they supplied is a bad photocopy that is barely legible and in fact isn't readable at all in places. This document doesn't bare any signatures but does have a box ticked next to the word 'signature' and is dated in print.

I'm wondering what should be my next move as I understand they have defaulted on my request by not responding with 12 days. I'm also wondering what to make of the CCA they supplied. If it helps I can upload an image of it, but I doubt anyone will be able to read it.

Welcome to LB

You could argue about the legibility of the document supplied and, frankly, given the dates you provide above, I'm surprised it should be of such poor quality. One thing you should be aware of is that, for online applications from January 2005 onwards, a tick box fulfills the role of a signature. Before that date the creditor should still have sent an agreement to be signed, but after that time the Consumer Credit Act (Electronic Communications Order) 2004 allows online applications with just a tick box agreeing to the terms to be as valid as signed agreements.

[whitlander]

Re: Aktiv Kapital - back to OC now?

Thank you FlamingParrot, I really appreciate your help. Am I right to say that, because they missed the 12 day window that they can't enforce the debt?

[FlamingParrot]

Re: Aktiv Kapital - back to OC now?

Thank you FlamingParrot, I really appreciate your help. Am I right to say that, because they missed the 12 day window that they can't enforce the debt?

They can't enforce it as long as they are in default, however, once they produce they documents, it all depends on what those documents are like, in other words, unenforceability due to non compliance with a CCA request can be remedied at any time by complying with the request.