Aktiv Kapital - help needed!

escapekey

Aktiv kapital sent me a letter 6 months ago demanding payment of a debt that isn't mine but fraud. I discovered the debt relates to a new credit card sent to a previous address I'd left some years back, the card was stolen at this address and used. The previous card I'd paid off in 05 and forgotten about.
Aktiv kapital offered to reduce the debt substantially, even though it was fraud - I thought that was dodgy and why would I pay a debt that wasn't mine?... so I dispute the debt. Sinc then they have been stalling, keep saying they are waiting for the card company to provide them with information about my old account. But really I think they are anglling for me to pay them, the longer they leave it the more problems for me and my credit rating. Although I haven't found 'default' on my credit report, Aktiv Kapital have done a credit search and labelled it 'outstanding debt' which is almost as bad!!! What can I do? This could go on for ever.. which letter should I send them? Am I liable for this debt?
Thanks for any advice
escapekey

GeorgeUK

Who is the creditor?
Did you report the fraud to them?
Did they request a police incident number or anything?

If the debt is not yours, you should definately not be paying it. You may need to get in touch with the original creditor to clear this up before you can get rid of Aktiv though.

LeeSouthEast

Send them a "prove it" letter and then forget about it (and check your credit reports).

escapekey

GeorgeUK wrote: »

Who is the creditor?
Did you report the fraud to them?
Did they request a police incident number or anything?

If the debt is not yours, you should definately not be paying it. You may need to get in touch with the original creditor to clear this up before you can get rid of Aktiv though.

I only found out about card fraud in April this year when Aktiv wrote to me. I contacted and wrote to Barclaycard as soon as I learnt of what happened from Aktiv. They passed the debt on to aktiv though, so it wasn't their concern anymore - although they did take note I never received the new card on the phone, they never replied to my letter. I have now got a crime reference no. (only realised recently I needed to get one, thanks to the citizens advice bureau) but the police say they won't investigate unless Barclaycard tell them to. Barclaycard never asked me to get a crime reference no. I thought they'd washed their hands of it all once they sold it on - or is that the case? I wonder now if I should hassle them more about it? Its not a huge debt but I can't afford to pay it (and why should I?) and my worry is its messing up my credit report.

escapekey

Have read the 'prove it' letter but does it apply to my situation? The new barclaycard was in my name, BUT I never received it. So the debt is in my name but card was stolen. They can prove the new card was in my name and presumably, the credit agreement I had with my old card. I can prove I never received the new card and Aktiv know I didn't receive it cos they looked my credit report which states where I lived and when. That information has been on my credit report since 2007 which predates Barclaycard sending out the new card.
Sorry if I'm being a bit thick but am a complete novice with all this legal stuff.

GeorgeUK

Hang on a minute, you told a bank that you had been the victim of fraud and they said it wasn't their problem?

Write an official letter of complaint to the head office and insist that they deal with this or you will have no choice but to inform the Information Commissioners office that they are in breach of the Data Protect Act for putting incorrect information on your credit file and will also inform Trading Standards, the office of fair trading and the Financial Crimes Branch at Her Majesty’s Treasury.

(Not sure if that last one can help but i do know the kick some serious booty)

Make sure to send the letter by recorded delivery so that you have proof that they received it.

escapekey

Thanks for advice. Have written to barclaycard as you suggested and await their reply... will update if I hear from them.

escapekey

GeorgeUK wrote: »

Hang on a minute, you told a bank that you had been the victim of fraud and they said it wasn't their problem?

Write an official letter of complaint to the head office and insist that they deal with this or you will have no choice but to inform the Information Commissioners office that they are in breach of the Data Protect Act for putting incorrect information on your credit file and will also inform Trading Standards, the office of fair trading and the Financial Crimes Branch at Her Majesty’s Treasury.

(Not sure if that last one can help but i do know the kick some serious booty)

Make sure to send the letter by recorded delivery so that you have proof that they received it.

Hi,
Sent letters to Barclaycard early October threatening them with OFT etc. as advised. No reply from barclaycard, ever. However I just received a letter from Aktiv Kapital out of the blue, saying they have passed my account to their 'specialist relations team' (what does that mean?!!) and will 'cease any collection acitivity while my account is with this team'. Unreadable signature at the end of the letter. Reckon Barclaycard have been on to them. This is sort of good news except they have still got false information on my credit record when they know it is fraud. So am going to CAB legal adviser to get letter sent from them too. Will also complain to OFT anyway as AK have knowingly placed false information on my credit record for the last 6 months.
Thanks for you advice George, it spurred me into action with this one! Will update if any news.

fermi

escapekey wrote: »

However I just received a letter from Aktiv Kapital out of the blue, saying they have passed my account to their 'specialist relations team' (what does that mean?!!) and will 'cease any collection acitivity while my account is with this team'.

It means the are a bit concerned about you making a complaint, since the OFT already has them in their "sights".

Read this: Aktiv Kapital complaints - OFT targets Aktiv Kapital

escapekey

escapekey wrote: »

Thanks for advice. Have written to barclaycard as you suggested and await their reply... will update if I hear from them.

Hi, escapekey here and many thanks to those of you who gave good advice, especially George.
I wrote to barclaycard, who, it turned out, had been writing to my previous address for the last year despite being informed many times of my current address. Barclaycard were very apologetic, cleared my credit files and offered me £50 for my 'invonvenience' !!! ( I refused it) 8 months of false information on my credit files and they offered me £50...!. Am taking them to the financial ombudsman for rubbish service and seriously affecting my credit rating. Aktiv Kapital, after not replying to any of my letters for the last 9 months, suddenly are very keen to write to me and apologise... Have got them in my sights too. Had very good advice from the CCS on this site and also got the local CAB to ring up Barclaycard for me, this definitely got them moving! Nothing like someone who knows consumer rights to put the wind up these big companies. I recommend the CAB too.
My message to everyone is fight them all!!! Barclaycard was seriously in the wrong with me, their admin incompetence is truly unbelievable so do fight back.
Will update to let you know if I get awarded compensation via the financial ombudsman.
many many thanks to everyone

escapekey

GeorgeUK wrote: »

Who is the creditor?
Did you report the fraud to them?
Did they request a police incident number or anything?

If the debt is not yours, you should definately not be paying it. You may need to get in touch with the original creditor to clear this up before you can get rid of Aktiv though.

Many thanks for your advice George. really helpful. see my update below

escapekey