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Aktiv Kapital (UK) - Who Are They?
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# 1
Vagabond_UK
Old 07-09-2005, 7:59 PM
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Default Aktiv Kapital (UK) - Who Are They?

This morning i received a letter from Wescot informing me that they are acting on behalf of Aktiv Kapital (UK) and that i owe them £2042.

As far as i am aware all my debts are currently being paid off as i have agreements with my creditors and pay accordingly. As far as i know i don't have any debts remotely near this account balance.

I've lived at my current address since 1998 and this is the first i've ever heard of or from this company Aktiv Capital and a Google search has turned up that they buy delinquent debts.

I've heard a lot of scary tales about Wescot, so I'd appreciate it if you guys could give me some advice as to how to handle this.

Cheers!
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# 2
Thefunkygibbons
Old 07-09-2005, 8:50 PM
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As noted before, these people often send letters to people of the same name hoping to find old debts

Do not acknowledge the debt, but instead write to them asking them to prove that you owe the money and to send you a signed credit agreement

State in the letter that you are not acknowledging the debt etc
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# 3
Harassed
Old 07-09-2005, 9:29 PM
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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.

Quote:
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.
Aktiv Kapital (UK) Ltd.,
Merchants House,
Hamilton Place,
CHESTER
CH1 2BE
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# 4
loobyloo1980
Old 07-09-2005, 10:44 PM
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I have never heard of the company you refer to but I have had dealings with Wescot. I currently have an agreement in place with them for a debt that I do acknowledge, but a couple of years ago they wrote to me about £18 I owed a book company which I had paid in full. I had to get copies of cheques from the bank and allsorts to get them off my back. Never heard from them again once I supplied them.

hope you get this sorted as quickly. good luck
[SIZE="2"][FONT="Arial Narrow"]Official DFW Nerd #148
[FONT="Arial Narrow"][COLOR="Blue"]Debt level @ highest (May 2004): £15000 Debt level @ August 2006: £9591.53
Lightbulb moment May 2006
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# 5
AGB863
Old 07-09-2005, 11:46 PM
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[QUOTE=Harassed]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.
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# 6
Vagabond_UK
Old 03-10-2005, 9:10 PM
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Ok, i've fired off copies of this letter to both Aktiv Kapital and Wescot.

How long do they have in which to reply? I've had a final demand from Wescot in the meantime, but i've checked my Equifax credit report and this debt isn't listed. Is the Equifax report definitive or should i also check my Experian/Call Credit reports as well?

Last edited by Vagabond_UK; 03-10-2005 at 9:23 PM.
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# 7
Harassed
Old 03-10-2005, 10:14 PM
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Wescot are trying it on. But the response has to come from the creditor, Aktiv Kapital. They have 12 days to supply, if they don't supply within 30 days - they commit a criminal offence.

This is a direct quote from Halsbury's Laws of England, and gives the time scales (and the remedies if not complied with.)

Quote:
"....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
If they don't supply report them to your local Trading Standards office.
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# 8
file_wizzard
Old 03-10-2005, 10:42 PM
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Quote:
Originally Posted by Vagabond_UK
This morning i received a letter from Wescot informing me that they are acting on behalf of Aktiv Kapital (UK) and that i owe them £2042.

Cheers!
Aktiv Kapital = Thames Credit, just do a google on these guys and see what you are dealing with!!!…………complete chancers,

as Harassed has said, send the letter, they wont respond, or if they do they will tell you that YOU need to go back and check your records!!!! Obviously you don’t ! ,

They are chasing you, the duty is upon them to prove that the debt is owed, not for you to prove it isn’t !!

Until they do prove to you that the debt is yours ( bet they cant! ) then just sit back and let them do the leg work, if they send you anymore silly harassing letters feel free to post back here and I’m sure you will receive all the help you need !
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# 9
Vagabond_UK
Old 24-10-2005, 7:15 PM
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Hi folks...

This morning i got a letter back fro Wescot re: this debt. Here's what it says...

With reference to your recent enquiry.

Having contacted our client they have advised your balance relates to unpaid charges from an account opened with Byte Computer Stores on 14/11/1996.


The letter then explains my options oto pay and blah-blah, ending with...

We trust the above clarifies the situation and we await your response within the next 7 days.

I remember this account. I bought a computer from Byte (who shortly after went into liquidation) on a Buy Now - Pay 12 month deal and the finance company was Lombard Tricity. However, no repayments were ever made even though i had a direct debit set up with them. The agreement was due to start in Nov. 1997. When i moved house in 1998, they were notified of the change and since then i have heard nothing.


So, on advice from members of this board, i penned the following letter to Aktiv Kapital...

Recently i have received a letter from Wescot Credit Services, operating on your behalf to collect the above mentioned debt. Please be advised that I do not acknowledge ANY debt to your company and 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 1587-712887.

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.


along with a copy of the above and the following to Wescot...

have today received a letter from yourselves regarding the above mentioned account. Please be advised that I do not acknowledge ANY debt to this company. Please find enclosed a copy of the letter that i have sent to your client.

Non-compliance with my request by your client 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.

Please also be advised that I have viewed a copy of my credit file as held by Equifax and there is no entry of any such debt pertaining to your client.

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


Both these letters were dated 3/10/05 and as of today, I have heard nothing re: signed credit agreement from Aktiv Kapital.

So guys & girls, what is my next move?

Last edited by Vagabond_UK; 24-10-2005 at 7:30 PM.
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# 10
maka
Old 24-10-2005, 7:25 PM
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Smile I Have Just Had Dealings

I myself had just had dealings with these people,
i had a letter stating i owed them £15.99 for an aol account i now this is not a mass about but when i still have the account and i am paying aol £15.99 the last thing i want to be doing is paying them also.
after alot of phones calls to aktiv ( very rude i found them, i took matters in to my own hands i called aol a then aktiv and had a 3 way conversation with them.
it all got sorted in the end aol said they had never passed over any debt as there is none and they also wanted to know how aktiv got my details they are taking this further i letting me known the out come.
got 2 months free aol for all the trouble as well.
as stateed before this company are complete chancers.
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# 11
helen21
Old 24-10-2005, 7:29 PM
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Paid this company 1500 2 years ago for a debt to time, now me starting to flap
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# 12
file_wizzard
Old 24-10-2005, 7:30 PM
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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)
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# 13
TAZ
Old 25-10-2005, 3:17 PM
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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
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# 14
Sparklemonkey
Old 25-10-2005, 3:41 PM
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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!

:confused:
Debt at highest-£30,000 (2001)

Debt now-£0

Debt free in January 2007!!!!! wooooo hooooooooooooooo!!!!!!
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# 15
Harassed
Old 25-10-2005, 5:41 PM
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Quote:
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).

Quote:
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.
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# 16
Sparklemonkey
Old 25-10-2005, 5:46 PM
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Quote:
Originally Posted by Harassed
Or the cynical might think you work for them.

Hey, that's totally uncalled for!
Debt at highest-£30,000 (2001)

Debt now-£0

Debt free in January 2007!!!!! wooooo hooooooooooooooo!!!!!!
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# 17
Pressssurized
Old 25-10-2005, 6:53 PM
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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?
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# 18
Vagabond_UK
Old 25-10-2005, 7:19 PM
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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!
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# 19
Harassed
Old 25-10-2005, 7:26 PM
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[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).
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# 20
Pressssurized
Old 25-10-2005, 7:32 PM
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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?

Last edited by Pressssurized; 25-10-2005 at 7:33 PM. Reason: accuracy
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