Aktiv Kapital (UK) - Who Are They?

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.

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.

Harassed wrote:

Aktiv Kapital are Norwegian debt buyers who are known to 'chance their arm'. As the previous poster said, DO NOT acknowledge any debt to them. Use the letter below, enclose a £1 postal order and write to them directly, address at foot of page.


As Harrassed as said, use this letter as a point of reference with Wescot.

I work in the voluntry sector sorting out debts with people and Wescot, in my opinion are a good company to work with.

Under the 1974 Consumer Credit Act, if you ask for a copy of the signed credit agreement. the company concerned are only oblidged to send a blank copy of the agreement that would have been sent out to be signed.

If they do, you have to inform them that you will defend the case in court and that then they would have to supply a true copy of the agreement, as a judge would request to see it as proof of liability, esp if you contest the claim.

If they fail to do so there is no case to answer.

"....The creditor under a regulated agreement for fixed-sum credit, within the period of 12 working days after receiving a request in writing to that effect from the debtor and payment of a fee of £1, must give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,

(1) the total sum paid under the agreement by the debtor; (2) the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and

(3) the total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due....................
........ If the creditor under an agreement fails to comply with the provision he is not entitled, while the default continues, to enforce the agreement, and if the default continues for one month he commits an offence"

The offence is punishable on summary conviction by a fine not exceeding level 4 on the standard scale:

i.e £2,500