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letter from Aktiv Kapital
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# 1
Rubensblue
Old 08-03-2011, 12:49 PM
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Default letter from Aktiv Kapital

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...
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# 2
Silvafox
Old 08-03-2011, 12:59 PM
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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.
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# 3
king100
Old 08-03-2011, 1:07 PM
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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
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# 4
Jesthar
Old 08-03-2011, 1:08 PM
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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...

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# 5
fermi
Old 08-03-2011, 1:09 PM
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Quote:
Originally Posted by Silvafox View Post
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.

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.
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# 6
fermi
Old 08-03-2011, 1:13 PM
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Quote:
Originally Posted by Jesthar View Post
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.
I'm a Board Guide on the Debt-Free Wannabe, Bankruptcy, Credit Cards, Loans, and Benefits boards. I'm a volunteer to help the boards run smoothly, and I can move and merge threads there. Any views are mine and not the official line of moneysavingexpert.com. Board guides are not moderators. If you spot an inappropriate or illegal post then please report it to forumteam@moneysavingexpert.com | > New to Forum? Click for Guide <

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# 7
Jesthar
Old 08-03-2011, 1:26 PM
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Quote:
Originally Posted by fermi View Post
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
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# 8
Silvafox
Old 08-03-2011, 2:24 PM
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Quote:
Originally Posted by fermi View Post
You are wrong.

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...
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# 9
FTW
Old 08-03-2011, 6:51 PM
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Quote:
Originally Posted by Jesthar View Post
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.
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# 10
Rubensblue
Old 09-03-2011, 2:16 PM
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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!
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# 11
king100
Old 09-03-2011, 3:47 PM
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Quote:
Originally Posted by Rubensblue View Post
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!
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.
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# 12
abdn1216
Old 12-03-2011, 3:31 PM
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Joined the forum specifically topost a big thank you for the advice I found on here I recieved a letter from them asking me for 3800 for a debt with Halifax it was certainly not me. I used the template letters on here and yesterday recieved aletter from them confirming they would not be pursuing the debt.
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# 13
DVardysShadow
Old 12-03-2011, 4:56 PM
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Quote:
Originally Posted by Jesthar View Post
... 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...
I suppose the last thing they would want then is that the real debtor pays it off. The debts that lay the Golden Eggs eh?
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# 14
Jesthar
Old 12-03-2011, 5:20 PM
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Quote:
Originally Posted by DVardysShadow View Post
I suppose the last thing they would want then is that the real debtor pays it off. The debts that lay the Golden Eggs eh?
Indeed, yes - as far as they would be concerned, the only thing better than someone paying back an unenforceable debt would be more than one person paying back the same unenforceable debt! Although considering some of tactics of these companies, I don't see why such a minor inconvenience as the original debtor having paid up should prove an insurmountable challenge...
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# 15
ex manager
Old 15-04-2011, 9:34 AM
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Default i can help

i worked at Aktiv Kapital for 8 years, i was 'fired' not long ago due to not being a yes man.
i was the kind of person that had ideas!!!!!!!!!

i can tell you the in's and out's of how credit works.

defaults... 6 years from the default date.. no one can do anything thing to collect on the debt. if you get calls or letters, tell them you will report them to Ofcom or the OFT. trust me they will stop.

discounts.... are you being offered a discount?. stop and ask yourself, why are they giving so much of. they can go up to 90% off if they wish. this is because the debt is so old. there hoping you dont have a clue about state barred that they can rip you off.

auto trace letters.... are you getting letters saying you owe money. what we do is send letters to 'everyone' with the same name and date of birth as you. we hope you ring up and pay. however this puts a bad mark on your credit. SORT IT, tell them you with contact the OFT NOW..... NOW..... NOW. or they will just leave it and keep sending more letters to you.

phone calls.... are you being called at work? tel them to stop.... they HAVE to. if they dont. contact OFCOM. these guys can take there trading lic away from them.. dont sit back and do nothing. DO IT.

offer a payment?.... if you are willing to pay (dont ask me why lol) they what ever offer you gave, they HAVE TO take it. if they push you into more. DONT DO IT. we hate the CAB as they will tell you to pay 1 a month to all creditors. THEY HAVE TO TAKE THIS.

iv admitted to the debt?.... so what if you have said the debt is yours, if its stats barred there is nothing they can do about it. if they say the 6 years starts from when you admit it.... thats a LIE. its a loop hole we use to try and scare you into paying.

any more help, please let me know. Pete
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# 16
ex manager
Old 15-04-2011, 9:37 AM
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Default dont do it. i was a manager there. read my post :)

Quote:
Originally Posted by Rubensblue View Post
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...
please read my post. your account is stat barred. there is nothing they can do and it WONT affect your credit, regardles what they say. i was a manager there for 8 years before we were taken over and i was fired for nothing. i can help you.... easy
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# 17
DVardysShadow
Old 04-10-2011, 6:51 PM
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Quote:
Originally Posted by carole s View Post
Hi,
Really need your Help. I had letter from Aktiv Kapital saying i owed them 9,798, and offering me to pay 1.987 in total. i ignored the letter, as i did not think i owed them the debt.. I then applied for a car loan, and was declined.. So i assumed it must be this that had stopped me.. so i paid the 1.987 on my credit card, as i was going into hospital for a major opp, (so was very stressed ).. when i came out of hospital, and had time on my hands i checked out this site (wish i had before i paid the money ). So then checked my credit report, and there is nothing on there from this company or for that amount. (dont know if the debt is mine, if it was it would have been from 1997 ?, so that would mean it was staute barred ? .. I am getting approx 12 calls per day and letters from them saying i still owe them over 10.000 grand, as i didnt pay the org 1.987 in time, which is not what they said on the phone, and the wedsite said account settled..
I want to know how to stop them phoning me, and can i claim the money back from them or my credit card ?
Any help you can offer please, as this is making me ill

Thank you
Please start a fresh new thread of your own. Go to the page with all the threads on http://forums.moneysavingexpert.com/...splay.php?f=76 and use the new thread button. This will save people having to read through a load of stuff which is irrelevant to your problem.
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# 18
fermi
Old 04-10-2011, 7:22 PM
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Quote:
Originally Posted by DVardysShadow View Post
Please start a fresh new thread of your own. Go to the page with all the threads on http://forums.moneysavingexpert.com/...splay.php?f=76 and use the new thread button. This will save people having to read through a load of stuff which is irrelevant to your problem.
Moved to a new thread.

--> http://forums.moneysavingexpert.com/....php?t=3527959
I'm a Board Guide on the Debt-Free Wannabe, Bankruptcy, Credit Cards, Loans, and Benefits boards. I'm a volunteer to help the boards run smoothly, and I can move and merge threads there. Any views are mine and not the official line of moneysavingexpert.com. Board guides are not moderators. If you spot an inappropriate or illegal post then please report it to forumteam@moneysavingexpert.com | > New to Forum? Click for Guide <

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# 19
Hotlipspamsy
Old 29-11-2012, 9:59 AM
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Default Help needed

Quote:
Originally Posted by ex manager View Post
i worked at Aktiv Kapital for 8 years, i was 'fired' not long ago due to not being a yes man.
i was the kind of person that had ideas!!!!!!!!!

i can tell you the in's and out's of how credit works.

defaults... 6 years from the default date.. no one can do anything thing to collect on the debt. if you get calls or letters, tell them you will report them to Ofcom or the OFT. trust me they will stop.

discounts.... are you being offered a discount?. stop and ask yourself, why are they giving so much of. they can go up to 90% off if they wish. this is because the debt is so old. there hoping you dont have a clue about state barred that they can rip you off.

auto trace letters.... are you getting letters saying you owe money. what we do is send letters to 'everyone' with the same name and date of birth as you. we hope you ring up and pay. however this puts a bad mark on your credit. SORT IT, tell them you with contact the OFT NOW..... NOW..... NOW. or they will just leave it and keep sending more letters to you.

phone calls.... are you being called at work? tel them to stop.... they HAVE to. if they dont. contact OFCOM. these guys can take there trading lic away from them.. dont sit back and do nothing. DO IT.

offer a payment?.... if you are willing to pay (dont ask me why lol) they what ever offer you gave, they HAVE TO take it. if they push you into more. DONT DO IT. we hate the CAB as they will tell you to pay 1 a month to all creditors. THEY HAVE TO TAKE THIS.

iv admitted to the debt?.... so what if you have said the debt is yours, if its stats barred there is nothing they can do about it. if they say the 6 years starts from when you admit it.... thats a LIE. its a loop hole we use to try and scare you into paying.

any more help, please let me know. Pete
Have just read this and wondered if you could help me know where I'm a legally.

Had been paying 5 per month to a company since 2006 - I foolishly fell victim to after initial threatening letters back then and succumbed without even asking for evidence of the original debt (I was in a bad place) After a couple of rock bottm years 2002/3 I did have a couple of debts but thought they were resolved so when I started receiving threatening letters from Aktiv Kapital/call serve I just agreed to pay the small amount to get them off my backs. After paying them since 2006 and being slightly wiser I stopped the DD to find out who this company are and why I am still paying after 6 years. The threatening letters started up again and said I had defaulted on our agreement and unless I paid the 1269.00 in full they would send out a debt collector to my address. I replied in writing stating that I wanted and needed clarification of the original debt as although I have been paying for 6 years I have no idea what I'm paying for. They replied with a list of my 5 payments dating back to 2006 and that the original debt was for a comet account in 2003. They also said I need to send a1 to get the original agreement. I replied with a 1 standing order asking for this agreement and that's where I'm at now. Could you advise where I stand with this company and as I was foolish and scared enough to start paying them back in 2006 does that mean even if this debt is not mine I'm still liable? I feel so stupid!
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# 20
fatbelly
Old 29-11-2012, 6:29 PM
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Quote:
Originally Posted by Hotlipspamsy View Post
Have just read this and wondered if you could help me know where I'm a legally.

Had been paying 5 per month to a company since 2006 - I foolishly fell victim to after initial threatening letters back then and succumbed without even asking for evidence of the original debt (I was in a bad place) After a couple of rock bottm years 2002/3 I did have a couple of debts but thought they were resolved so when I started receiving threatening letters from Aktiv Kapital/call serve I just agreed to pay the small amount to get them off my backs. After paying them since 2006 and being slightly wiser I stopped the DD to find out who this company are and why I am still paying after 6 years. The threatening letters started up again and said I had defaulted on our agreement and unless I paid the 1269.00 in full they would send out a debt collector to my address. I replied in writing stating that I wanted and needed clarification of the original debt as although I have been paying for 6 years I have no idea what I'm paying for. They replied with a list of my 5 payments dating back to 2006 and that the original debt was for a comet account in 2003. They also said I need to send a1 to get the original agreement. I replied with a 1 standing order asking for this agreement and that's where I'm at now. Could you advise where I stand with this company and as I was foolish and scared enough to start paying them back in 2006 does that mean even if this debt is not mine I'm still liable? I feel so stupid!
Have you actually sent the letter at the end of this factsheet and made a request under the Consumer Credit Act?

Factsheet | Getting information about your credit agreement

If so, and they haven't sent you the original agreement, then any legal action can be 'stayed'. It is relatively easy for them to reconstitute an agreement but it would still potentially be unenforceable (under s127 of the Act) as it is a pre- April 2007 account.

There are other sites that specialise in this a bit more than mse and they are mentioned at the end of this article, which I think is well written.
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