please help - Aktiv Kapital

who_r_they

I have been asked by my mother to help go through her bank statements and finances as she has a condition that affects her memory and doesn't know who or what she is paying money too and I came across a direct debit she has been paying to Aktiv Kapital. I asked her about what this was for and she said that she received a letter a few years ago saying she owed money and rang them as she was confused as to what this debt was relating to gave them the reference number. She was told that she had to make a payment otherwise it would go to court and offered to pay £5 per month as that was all she could afford but was told this was not good enough and they set up some sort of agreement for her to pay £10 a month, which has since been increased to double this and some. She recently received a letter from them stating the period covered and the closing balance which is for ten and a half grand. It has according to the letter, an original agreement number and the credit agreement date which is going back to 1983. She does not remember them mentioning any of this when she rang them just that she owed them money and couldn't afford to pay it and then that was when the £10 was agreed.
I think that there is something wrong with this and having read the various information on here am very concerned that my mum has been taken advantage of.
I want to tell her to stop the direct debit and to ask for a copy of this credit agreement but do not know where she stands as she has contacted them and has been making payments, therefore pretty much acknowledging the debt as she didn't know what she was doing and didn't get help at the time and in light of the recently received letter, has no knowledge of ever taking out a loan of this amount especially back in 1983.
Can anyone help/advise me please as I feel a little out of my depth.

fermi

OK. Sounds like she has no idea what this debt was for, is that right?

The fact that when has been bullied into making payments is unlikely to have any affect on the debt.

You can certainly ask for a copy of the agreement. However, for agreements made before 1985, they don't have to provide a copy if it has been lost or destroyed.

You certainly can require then to provide proper details of the debt though, and provide evidence of what it is owed for and how it got to that amount.

Even if the debt should be hers and legitimate, then I suspect there has been a period of 6 years where it was neither acknowledged in writing or had a payment made. If that is so, then the debt is legally statute barred and Aktiv can do nothing to recover it through the courts. Do you think that is likely to be the case?

handyman123_2

fermi is right you need to get more details before you can take the correct action. If this was for something as far back as 83 it's been going on a long time. You say your Mother has memory problems, is she able to act on her own or are you in a position to get power of attourny. If you contact them saying you are acting on her behalf they may (most likely ) hide behind the Data Protection Act and refuse to talk to you.

At the minimum I would have a letter drawn up saying that she gives you permission to deal with the matter on her behalf and get it witnessed by a solicitor for Oaths. Should only cost @ £10 if memory serves me right.

Sometimes DCA's fish for people with the same name in an area, It would not be the first time that someone elderly or vunerable has been frightened into paying a debt that wasn't theirs when threaten'd with court action.

So dig up what info you can, keep us posted and maybe in the meantime someone more knowledgeable than myself will offer advise.

I know how you feel, I never wanted my Mother to have to go in a home, but until that happened for the last 4 years she was a target for every scam and petty con trick going.

Regards, Handy.

who_r_they

Fermi, she has told me that she has no idea what the debt is and all she can remember apart from the above is that the man she spoke to left her quite upset and that she wouldnt have taken any loans out without my fathers knowledge and he is non the wiser as she asked me to check with him. If this is genuine then she has had nothing to do with it until 2009 when she first received a letter from them. So I do believe it to be well over 6 years.

Handyman123, I think going and getting a letter drawn up giving me permission would make things a lot easier for us both and will discuss with mum tomorrow as better to do it now than later. Will also get digging and send off a few letters.

Thank you both for advice, wish mum had come to me sooner but better late than never. Will keep you posted

fermi

Sounding more and more as if this debt had nothing to do with her, and the little 'oik' on the phone has conned her.

So...

1) Get permission in writing to deal with this. You will need to send a copy with any first letter you send them.
2) Dispute the debt.

(a) due to no knowledge of the debt, and demanding to see prove. See: http://forums.moneysavingexpert.com/showpost.php?p=11570893&postcount=2 That doesn't rely on an agreement request, which as said, as it is that old they have a legal "get out".
(b) The agreement request if you feel the need: http://www.nationaldebtline.co.uk/england_wales/page.php?page=getting_a_copy_of_your_credit_agreement_and_account_details
(c) Perhaps also by telling them that regardless of the above points, the debt would be statute barred anyway. So they can "bog off". See: https://forums.moneysavingexpert.com/discussion/2606811

There are two 'hybrid' letters in the links below that have proved useful in the past:

This one disputes the debt entirely, demanding proof, but also goes on to make the point that it would be statute barred anyway.

http://forums.moneysavingexpert.com/showpost.php?p=37829646&postcount=16

This one makes the point that any recent payment does not stop the debt being statute barred if the 6 years had already passed.

http://forums.moneysavingexpert.com/showpost.php?p=37911022&postcount=5

fermi

Makes 'illuminating' and useful reading.

BBC News - Debt collector firm censured for targeting wrong people

OFT takes action against unfair debt recovery practice - Aktiv Kapital

requirements imposed on Aktiv Kapital

BBC NEWS | Mistaken identity debt case payout

who_r_they

Hi Fermi,
Thanks again. Meeting my mum to get these sent today and have been asked to pass on her thanks to both yourself and Handyman123 for your help.
Will keep you posted.