Aktiv Kapital

kp30

Hiya, I recived a letter from Aktiv Kapital on the 24/08/10 stating that I owed them £392. I phoned them to ask what the debt was relating to and if i could have a copy of the original credit agreement. There response was to say that i needed to write a letter asking for the credit agreement, which i did. I recived a letter of recipt saying that they needed to obtain the original agreement and they may not be able to do this in the time stated in the consumer credit act. I also recived a letter offering me a 35% discount if i paid that day. Ive recived no further letter and i am wondering what the next step is

thank you kp30

PNPSUKNET

If you owe it take the discount, once they get the agreement they can get the full bal.

kp30

I agree but if I owe money then it should show on my credit score. And there is no record of any outstanding debt.

PNPSUKNET

have you checked all 3? if not maybe stat barred

deposit

Firstly don't agree anything with them on the phone - I wouldn't even bother calling them - everything needs to be in writing because you won't have a leg to stand on should they change their mind.

Secondly, without the Original Credit Agreement it will make it almost impossible to force them to get you to pay via court etc so I would IGNORE PNPSUKNET's advise and don't pay anything yet. You will still be able to haggle a discount later (should they find the agreement), remember they probably bought the debt for less than 20% of what is actually owed.

Good Luck :money:

sutton111

kp30 wrote: »

Hiya, I recived a letter from Aktiv Kapital on the 24/08/10 stating that I owed them £392. I phoned them to ask what the debt was relating to and if i could have a copy of the original credit agreement. There response was to say that i needed to write a letter asking for the credit agreement, which i did. I recived a letter of recipt saying that they needed to obtain the original agreement and they may not be able to do this in the time stated in the consumer credit act. I also recived a letter offering me a 35% discount if i paid that day. Ive recived no further letter and i am wondering what the next step is

thank you kp30

If it's Activ Kapital it's more than likely it's Statute Barred. If they're offering discount the likely hood it's definitely SB, put this together with nothing being on your credit files then I would say it's Statute Barred.

I'd send them the Statute Barred letter. You probably won't here anything from them after that.

dingledangledongle

Don't pay them anything, they have to prove what it relates to and how much is outstanding. This is typical of debt purchase organisations.

The debts often don't show on credit files because it can be for virtually anything. I got one fo £18 because I didn't serve notice on my broadband, that's not on my credit file because the original account never appeared on there. Likewise utilities - they only really started to appear on credit files a couple of years ago so if you defaulted before that, it won't be on there.

PNPSUKNET

deposit wrote: »

Firstly don't agree anything with them on the phone - I wouldn't even bother calling them - everything needs to be in writing because you won't have a leg to stand on should they change their mind.

Secondly, without the Original Credit Agreement it will make it almost impossible to force them to get you to pay via court etc so I would IGNORE PNPSUKNET's advise and don't pay anything yet. You will still be able to haggle a discount later (should they find the agreement), remember they probably bought the debt for less than 20% of what is actually owed.

Good Luck :money:

read my posts idiot, it says it maybe stat barred. The op hasnt checked all 3 or even said how old the debt is.

deposit

PNPSUKNET wrote: »

read my posts idiot

DON'T CALL ME AN IDIOT.
(If you bothered to look at the time we both replied at the same time 9.13pm.)

CHECK YOUR ORIGINAL REPLY PNPSUKNET you told him first to pay even though Aktiv Kapital admitted they may not be able to provide his original agreement within the timeframe required. :rotfl:

You gave him really bad advice and left it for hours! He could have rang them up and paid on your advice. And then you have the cheek to call me an Idiot :rotfl: you should be ashamed of yourself

onlypaddy

Agreed PNP - you've been on here long enough to know that you never pay a debt collector until they've shown you die hard proof that you owe anything and that it's enforcable.

OP, the responsibility is with them - they must prove that you owe the debt and that it is enforcable before you even think about paying them anything. They will have bought this debt for peanuts from a larger lender, and chase anyone and everyone who even has a similar name to the original debtor.

Don't give them a penny until they prove it.

kp30

Thank you for the advice. Where do I stand legally if they take longer that the 12 working days to send the agreement. It's been well over the 12 days and I've had nothing through the post as of yet.