Yet Another Aktiv Kapital Question

TheDivineGoat · 12 June 2013 at 12:22PM

First of all I apologise, I know this information is already on this forum, I just can't for the life of me find it.

I had a letter from AK sometime ago chasing a supposed debt, and I replied back with the very handy 'prove it letter' provided by this fair forum.

They replied back saying that they didn't have a copy of the original agreement, but they'd like to come to an agreement with me. (Please ignore the fact that we've just said we can't prove this debt!)

At the time I had other stuff going on and was in a v. bad headspace, so didn't get around to dealing with it. Only now they've started calling half a dozen or more times a day, (despite me telling them I will not deal with them on the telephone, but only in writing) so I need to deal with this now. Only I'm not quite sure what my next step is now.

fatbelly · 12 June 2013 at 8:24PM

This might be appropriate:

https://forums.moneysavingexpert.com/discussion/comment/51928439#Comment_51928439

I've updated it with the latest version of the OFT guidance.

Moorview · 19 June 2013 at 10:07AM

Hi we have received a couple of letters from BC&W on behalf of Aktiv Kapital which say a debt is owed but they are willing to accept much less. We have so far ignored both letters, having no idea what supposed debt this refers to, and from what I've seen on the forums this is the best course of action (or non-action). The latest letter is dated 23/05/13.

However, I found the 'prove it' letter posted by 'Fermi' and I'm poised to send it, if necessary, and I wanted to check it is still valid - although as it is stated as 'updated' for this thread I'm assuming that is the case.

I was also curious about another letter on MSE which refers to the Consumer Credit Act 1974 and says to send a postal order of £1 in payment of the statutary fee required to receive their letter of proof of debt (presumably).

I would like to be prepared for the best course of action when/ if the harrassment truly starts. Any advice about which letter to go with would be greatly appreciated!

Moorview · 19 June 2013 at 10:23AM

In addition ref my above post - I'm uncertain who to send any letter to - Aktiv Kapital or Buchanan Clark & Wells. I only have an address for the latter, although I'm sure the internet will help where that's concerned.
Thanks.

fatbelly · 19 June 2013 at 11:39AM

If you don't know what the debt is, then you don't know even whether a cca request would be valid. I'd definitely avoid that at the moment.

Have they actually alleged a figure that they say you owe? If so, then a prove-it is appropriate (goes to BCW) and the response should clarify what this account originally was.

If not, then keep waiting until they allege something definite.

[Deleted User] · 19 June 2013 at 12:14PM

say you will not pay the 'alleged debt' because they cannot prove it; furthermore say you will return any future letters marked' return to sender'. They cannot enforce recovery of a debt they cannot prove.

pauletruth · 19 June 2013 at 12:21PM

that tells you something the debt collector offering a large discount at the beginning of there chase.

really obvious that they don't have the paperwork or and it statute barred.

resend the prove it letter and make sure that they understand that this is the last you will communicate with them until they have.

fatbelly · 19 June 2013 at 1:48PM

There's 2 threads combined here. Moorview hasn't sent a prove-it yet as (I think) BCW haven't said what this is or how much is owed. Still at the fishing stage...

But you're right about the immediate offer of a full&final deal - doesn't sound like they are very sure about their side of things.

And as I often say about bottom-end debt collectors on a fishing expedition - any contact merely encourages them.

Yet Another Aktiv Kapital Question

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