Aktiv Kapital Can anyone advise on this company please?

lydia1

Hi last week i received a letter from Aktiv Kapital stating that they had bought the interest off GE Capital for a debt that i owe them under the agreement. They are acting as collection agent on behalf and now are the legal owner of the outstanding balance on the account, showing the balance inc interest is at £552.25.

It was for a Mothercare store card that i had 6 years ago and i was silly enough to take the card when i was in the store with my daughter as a single mother at this time not realising naively how much it would cost me with interest etc.

I enterred an agreement with westcot and made regular smaller payments this was in 2002 and i thought that the debt was cleared when i later went to live in germany informing them that i was moving.

I have been back in the uk for over 3 years and have had no problem with any debts what so ever and had a clean credit rating even allowing me to get a mortgage, surely i wouldn't of been able to do this if it was outstanding?

I have sent a letter to Aktiv recorded delivery asking for a copy of the original agreement after, not hearing from them i have rung them today, i feel sick with worry over this i was very polite to the dreadful young girl on the phone at Aktiv who seemed to think it was great i was so worried! she informed me they didn't have to supply me with the original credit agreement at all because it was bought from westcot and, i do have to pay the sum as i can't find any copies showing the debt was paid. I have been advised that the length of time which has elapsed if there even was any interest outstanding that because it was over 6 years ago it wouldn't be collected under some sort of finance act? It may not seem a lot to some people but i am feeling sick over this has anyone please got any advice for me thankyou?

robpw2

send them a letter telling them to get lost and the debt is statue barred ,
1. do not acknowledge the debt
2. do not ring or contact them in any meduium other than by post,

petrafyde

Hi Lydia,

By law if they cannot provide a the CCA (credit agreement) they cannot enforce the debt, which means it unlikely they'd take you to court. This doesn't mean that you no longer owe it, just that they can't prove they have an agreement with you.

Get a copy of your credit file and look for the debt. If you remember paying it - was it by card? When you say 6 years ago if it was less you can get your bank statements for that month back from the bank to confirm a payment was made.

Don't do any more phone calling. They're full of tosh and will tell you anything to make you pay. Keep it official!

Some other DFW who really knows their stuff will be along soon to help I'm sure

bellrooster

I'm sure the debt would be statute barred.

They sent me a letter saying I owed them £3000 + but although the name that was printed on the letter was similar to mine, it wasn't me!! It think they are chancers. try not to worry.

lydia1

Thanx for replying i did mention the statute barred and the horrid girl siad it isnt but, it was in may 2002 apparently that it went into some sort of administration so she said i'm so confused...do you know how long the years r before they cannot collect and if they do have to provide me with the original documentation????

phil80

If you have not made payment or acknowledged the debt for six years it is barred now and they cannot collect it. They also cannot enforce a debt without a true signed credit agreement so do not worry they are just chancers send them a CCA request in writing dont speak to them on the phone either as they are bullies and will make all sorts of threats to intimidate you. They know they cant collect the debt legally so will harrass you until you give in and pay to get rid of them just stay strong.

fermi

lydia1 wrote: »

she informed me they didn't have to supply me with the original credit agreement at all because it was bought from westcot

That young girl is lying through her teeth. :mad:

lydia1 wrote: »

I have been advised that the length of time which has elapsed if there even was any interest outstanding that because it was over 6 years ago it wouldn't be collected under some sort of finance act?

From a previous thread:

A debt will be "Statute Barred" if there has been no acknowledgement of the debt by you making a payment or in writing within the relevant limitation period.

If you are in England/Wales then the limitation period is 6 years and you should read:

Link: Factsheet | Liability for Debts and the Limitation Act (England/Wales)

If you are in Scotland then the limitation period is 5 years and you should read:

Link: Factsheet | Liability for debts & the Prescription & Limitation (Scotland) Act 1973

If you feel the debt is "Statute Barred", then there is a letter to write at the end of each factsheet.

If you are unsure of anything, then give National Debtline a call free on 0808 808 4000 to talk your situation through with a professional advisor.

lydia1

thankyou so much to all those who replied i'm feeling a bit better! not very good on this emailing so i will wait to hear anything from them now and by the sounds of it i may be coming back for more advice off you kind people thanx!x

petrafyde

How are you getting on Lydia?

lydia1

Hello i'm back again...thankyou for asking how i am well today, i have received another letter from Aktiv Kapital saying...that the account was legally assigned to them some time ago and since that date they have been trying to contact me. It is imperative that i contact them immediately to discuss my account and, speak to one of there negotiators. Thats about it really, they haven't responded to my original letter sent asking them for details and payments of this 'debt' and whether they have the original agreement as everybody on this forum advised me to ask for. Do you think they are just trying it on so i will ring them up and be abused again, they have responded within 16 days of my letter i don't know where i stand now. Many thanx

lydia1

Hi, i've prev been on here after getting a letter from Aktiv Kapital saying that they had bought a 'debt' of mine from G E Capital from over 6 years ago...i had a lot of help from responses and followed the advice of sending a registered letter requesting a copy of the CCA and a £1 postal order for a copy of my credit file. Today i have received another letter which dosen't really reply to my requests and, i am now none the wiser what i need to do or what they need to do they are driving me mad!...pleases can anyone help? The letter says they acknowledge my request for info under the Consumer Act 1974 however, we are not the original creditor nor did we provide you with the original credit facility. We purchased your outstanding debt balance and right to collect that balance together with interest in accordance with your original credit agreement. We did not purchase your actual agreement, consequrntly we have no obligation to provide you with a copy of that agreement or statements.
However, as a matter of good practice, we have sought to obtain a copy of the original agreement and statements from the original creditor and if it is available we will forward a copy to you as soon as possible.
Please note that if the original creditor is unable to provide a copy of the agreement or statements that does not mean that we have no right to continue to request payment of the outstanding balance.

Does anyone have any idea what all this means?...this is the 4th letter from them now and i'm still no clearer as to where i stand...thanx.