Aktiv Kapital (UK) - Who Are They?

file_wizzard · 24 October 2005 at 7:30PM

Don’t bother sending that unless you intend to settle the matter.

The debt is now technically statute barred as it has been in excess of 6 years since the last payment / acknowledgement of this debt

Therefore unless you chose to pay it no further recover action can be taken by Wescot.

You need to decide if you feel a moral obligation to repay this as the legal obligation is now expired

Try the following letter

Name of Creditor
Address of Creditor

WITHOUT PREJUDICE

Dear Sir/Madam

Re: Account No/Reference No:

No debt is acknowledged to you. You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”.

The last correspondence/payment/acknowledgement of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.

I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I look forward to your reply.

Yours faithfully

(Your signature)

TAZ · 25 October 2005 at 3:17PM

i have also had a letter from this company, asking for £80 for a debt that i beleive was paid in full. I know that i made the agreement back in the 1990 but I'm unsure when the last actually payment was made. i think it migh have been 1999 but as i say i'm not sure. i have contacted what was tricity finance the original debt company and they say that altho it says that my account is clear and i actually have a credit limit of just short of £200, they did sell on my debt, but can give me no dates when any transactions took place as there are now no records on my account.

i dont know how to go ahead from here do i ring Activ and ask them what info they have or send off the letter asking for all credit agreement. does the 6 years go from the last payment (if somehow i haven't paid it all, tho i am sure i have) or from the date of the agreement.

the last sentence of their letter says to me that they are hoping i cave in and pay it says
"We at Aktiv kapital specialise in and perfer out of court settlements and will deal directly with you in a straight forward, upfront, but polite and understanding way.

thanks for help you may be able to give

Sparklemonkey · 25 October 2005 at 3:41PM

Hmm, I have had contact with this company over the last two years and had not one problem with them, they were fine on the phone and didn't hassle us at all, I also have a letter from them detailing my payments and stating that the account is clear.

I am sorry that so many of you have had a bad time with them, maybe I am an exception...and a lucky one!

Harassed_2 · 25 October 2005 at 5:41PM

maybe I am an exception...and a lucky one!

Or the cynical might think you work for them. They are extremely dubious and sail very close to the wind.

Taz, send them a copy of this letter by Recorded Delivery and enclose a £1 postal order (the statutory fee).

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Sparklemonkey · 25 October 2005 at 5:46PM

Harassed wrote:

Or the cynical might think you work for them.

Hey, that's totally uncalled for!

Pressssurized · 25 October 2005 at 6:53PM

Hi, just joined the forum as I'm in the same boat as Taz, I have received a letter from 'thames credit' who are asking about an old halifax card that was hoisted upon me when I was a student and fell behind in payments for.

I have also received a couple of calls recently to my mobile from a number I dont recognise which I have been too scared to answer.

How succesful is this letter and should I continue not to answer my phone?

Vagabond_UK · 25 October 2005 at 7:19PM

Well, i posted the letter provided by file_wizzard to both Atkiv Kapital and their vultures (Wescot) so we'll see what they say to that and i will keep you informed!

Harassed_2 · 25 October 2005 at 7:26PM

[quote[i posted the letter provided by file_wizzard[/quote]

Incidentally, I'm the author of that letter, but I don't mind who uses it. Wouldn't have posted on a forum otherwise.

And, SparkleMonkey, apologies if needed. Just that you're the first person I've ever come across with a good word for Aktiv Kapital (owners of Thames Credit).

Pressssurized · 25 October 2005 at 7:32PM

Are all these debt companies the same thing? the letter i have says Aktiv Capital own the debt for Thames Credit, but I was told on another site that they were a part of ASA Debito, it also seems that Westcott are part of them as well. Are they just trying to use different names to give the impression of it getting worse for you by passing the debt between each other?

Harassed_2 · 25 October 2005 at 7:36PM

No, Aktiv Kapital ASA (a Norwegian company) is the owner of Thames Credit. They used to be owned by Olympia Capital (another Norwegian) but they ran into trouble when their owner / chairman was charged with various offences including tax evasion. ASA Debito is a separate concern.

Wescot is a private British company, major shareholder one Gordon Pollock, an ex-policeman.

Aktiv Kapital (UK) - Who Are They?

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