letter from Aktiv Kapital

Rubensblue · 8 March 2011 at 1:49PM

I recently received a letter from Aktiv Kapital regarding a debt with GE Capital for £380 of which I knew nothing about. After checking them out online and having established they are a genuine company I thought I better call them to straighten things out. (Wish I hadn't know having come across this forum!) Apparently this debt goes back to 2000 and they were able to confirm my address at the time. The original debt was probably a missed final instalment on a store card run by GE Capital, and was a very small amount, I can only guess it was a genuine oversight on my behalf. Anyway, to cut a long story short the man from AK said (without even being asked) that they'll give me a discount on both the original interest and the current one and if I pay £80 "by the end of the month" they will cancel the account. I thought that was a bit strange and contacted the National debt helpline who advised me that the debt is now statutory barred as it's over 6 years.
My only worry is that if I refuse to pay and send them the Limitation act letter they will default this debt. I know they can't by law, but I read on this forum they still do it. The last thing I want is for this to happen as I'm probably going to apply for a mortgage in the near future. I'm just thinking, for the sake of £80... However, even if I pay what's to stop them from coming back for more or contacting me for other dubious debts? I only wish I never called them in the first place, now they have my details, I feel such a fool...

Silvafox · 8 March 2011 at 1:59PM

Since you've spoken to them, and effectively admitted the debt is yours by simply entering into conversation with them, then the debt is no longer stature barred (I believe). If I'm wrong, then I'm sure someone will correct me shortly... Although it's tool ate now - you should never enter into conversation with people like this unless you are confident you won't get yourself into more trouble and get tripped up by them.

As you say, if it's a debt that turned out to be really yours then for the sake of £80 and getting them off your back - I'd pay it. Just make sure you get it in writing that they'll close the account if you pay the £80.

king100 · 8 March 2011 at 2:07PM

Ok, they cannot default the debt, a default has to be registered on your file in a adequate time frame, 10 years is not that time frame. 6 months maybe

Making a payment or saying in writing "I acknowledge this debt" are the only ways to reset SB clock.

Send them a letter

1 High Street,
Newtown,
Kent
R21 4RH

June 28, 2006

The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG

Dear Sir/Madam

Acc/Ref No 4563210025897412

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

We 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.”

We would also point out that the OFT say under their debt collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

The last payment of this alleged 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 us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

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

We look forward to your reply.

Yours faithfully
Mr A N Other

Jesthar · 8 March 2011 at 2:08PM

Hey Rubens,

Don't feel too bad, Aktiv are extremely well know for their illegal behaviours!

As you have said, as you haven't acknowledged the debt IN WRITING in over six years (verbally is NOT enough to unbar it, it HAS to be in writing) the debt is statute barred, and by some margin, so if they did try and put a default on your credit history you'd be able to give them quite a legal kicking, and various offiial bodies would happily join in

In essence, they KNOW it is illegal for them to chase this debt, but are hoping you will react in the way you are considering and give them money anyway. Considering that they probably bought the debt for only a few pounds, that will be a nice little (big!) profit for them!

Incidentally, are you absolutely sure the debt is yours? Aktiv are also well known for trying to get people to pay debts which aren't even theirs...

~Jes

fermi · 8 March 2011 at 2:09PM

Silvafox wrote: »

Since you've spoken to them, and effectively admitted the debt is yours by simply entering into conversation with them, then the debt is no longer stature barred (I believe). If I'm wrong, then I'm sure someone will correct me shortly....

You are wrong. :cool:

1) Once a debt becomes statue barred, it stays that way permanently. No matter what you later do.
2) A phone conversation does not legally count as acknowledgement. The law is very specific. To be effective, acknowledgement MUST be in writing and signed by the debtor.

fermi · 8 March 2011 at 2:13PM

Jesthar wrote: »

As you have said, as you haven't acknowledged the debt IN WRITING in over six years (verbally is NOT enough to unbar it, it HAS to be in writing) the debt is statute barred, and by some margin, so if they did try and put a default on your credit history you'd be able to give them quite a legal kicking, and various offiial bodies would happily join in

Indeed. And Aktiv have also recently been censured by the OFT.

----> OFT takes action against Aktiv Kapital

Specifically mentions their pursuit of statute barred debts in that.

Jesthar · 8 March 2011 at 2:26PM

fermi wrote: »

Indeed. And Aktiv have also recently been censured by the OFT.

----> OFT takes action against Aktiv Kapital

Specifically mentions their pursuit of statute barred debts in that.

Oooh, excellent - ta, fermi, m'dear!

So, Ruben, if you get any hassle after telling them to get knotted, reporting them to the OFT is the next immediate step

Silvafox · 8 March 2011 at 3:24PM

fermi wrote: »

You are wrong. :cool:

1) Once a debt becomes statue barred, it stays that way permanently. No matter what you later do.
2) A phone conversation does not legally count as acknowledgement. The law is very specific. To be effective, acknowledgement MUST be in writing and signed by the debtor.

I suspected I may not have been correct! Thanks for the adjustment...

FTW · 8 March 2011 at 7:51PM

Jesthar wrote: »

Hey Rubens,

Don't feel too bad, Aktiv are extremely well know for their illegal behaviours!

As you have said, as you haven't acknowledged the debt IN WRITING in over six years (verbally is NOT enough to unbar it, it HAS to be in writing) the debt is statute barred, and by some margin, so if they did try and put a default on your credit history you'd be able to give them quite a legal kicking, and various offiial bodies would happily join in

In essence, they KNOW it is illegal for them to chase this debt, but are hoping you will react in the way you are considering and give them money anyway. Considering that they probably bought the debt for only a few pounds, that will be a nice little (big!) profit for them!

Incidentally, are you absolutely sure the debt is yours? Aktiv are also well known for trying to get people to pay debts which aren't even theirs...

~Jes

Yep. Beryl Brazier for one.

Rubensblue · 9 March 2011 at 3:16PM

First of all a big THANK YOU to all that have taken the trouble to reply, you certainly helped dissipate my anxieties!
I certainly didn't acknowledge the debt, I merely said I'll contact GE Capital regarding the debt, which I don't think I'll even bother doing now. Come to think of it, GE never contacted me about this debt (if ever there was one) in the first place!
Anyway, I certainly won't be sending the £80 they requested. I'll be sending the Limitations Act letter instead. Or shall I request for proof first? Fingers crossed that'll be the last of it. If it isn't I'll go straight to the OFT.
Thanks again everyone!:o

king100 · 9 March 2011 at 4:47PM

Rubensblue wrote: »

First of all a big THANK YOU to all that have taken the trouble to reply, you certainly helped dissipate my anxieties!
I certainly didn't acknowledge the debt, I merely said I'll contact GE Capital regarding the debt, which I don't think I'll even bother doing now. Come to think of it, GE never contacted me about this debt (if ever there was one) in the first place!
Anyway, I certainly won't be sending the £80 they requested. I'll be sending the Limitations Act letter instead. Or shall I request for proof first? Fingers crossed that'll be the last of it. If it isn't I'll go straight to the OFT.
Thanks again everyone!:o

As long as you are aware and 100 % positive that you havent paid the debt or written accepting it within the last 6 years just send the Sod off letter.

letter from Aktiv Kapital

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