Aktiv Kapital trying it on

Just_Plain_Jane

Aktiv Kapital wrote to OH last month claiming he owes £1500 to Barclaycard / Littlewoods. The letter gave no dates for the debt so we weren't sure what it related to. I have seen from the very long thread on this board about AK that they are complete con artists.

OH did have a Littlewoods debt years ago, but the account was settled. He no longer has the letter confirming this though. He thinks the last payment was about three years ago. He remembers paying by direct debit.

We sent them a 'prove it' letter saying we have no knowledge of the debt and require proof that he owes it.

They wrote back requesting dates he left an address he lived at in 2004. We don't want to provide them with personal details. Should we ignore the letter, or write back?

I have drafted a letter, basically saying we won't disclose personal information to them and that they can either prove the debt or f*** off (although in more polite terms), but I wanted some other opinions before I send anything.

fermi

Just_Plain_Jane wrote: »

I have drafted a letter, basically saying we won't disclose personal information to them and that they can either prove the debt or f*** off (although in more polite terms), but I wanted some other opinions before I send anything.

Sounds fair enough if you feel you need to respond.

Might also be worth CCAing them at a later stage (Littlewoods etc often didn't get proper agreements), but for now the onus is on them to prove that he is even the person they are after. Knowing Aktiv, they could quite likely be chasing the wrong person.

Just_Plain_Jane

I did wonder about sending them a CCA request, but others seem to have had the same response even to that and AK kept the pound!

Do you think this letter is OK?


Dear Sirs,

Reference: **************

I am in receipt of your letter dated ******

As you are aware from my previous correspondence, I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

I have no wish to discuss any personal information with you and I am under no obligation to do so. I am familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question. Clearly you are unsure as to my liability for this debt, or you would already have all the information you require to pursue the matter.

I would point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable and in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive and unfair methods. Furthermore, ignoring and disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical & psychological harassment.

Your position in this matter is therefore very clear. Either you provide evidence as to my liability for the debt in question, or you cease all contact with me and remove my details from your database.

I await your written confirmation that this matter is now closed. I am preparing a complaint to Trading Standards and also intend to inform the Office of Fair Trading of your actions.

Yours faithfully

(digital signature)

fermi

Looks OK to me. Keeping the CCA request in reserve.

It makes the most important point; if they aren't even sure that they are chasing the right person, what on earth are they doing sending demands?

Just_Plain_Jane

Thanks Fermi. I think I will send it. Their response will be entertaining no doubt.

fermi

Good. If they try anything else without proving the debt, then make sure you report them to the OFT.

See: OFT takes action against Aktiv Kapital

Aktiv are already being closely watched.

Just_Plain_Jane

Oh yes, we will report them.

It's obvious they haven't a clue whether we owe this money or not and they've revealed so little about this alleged debt, we don't know either! There's no way they'll be getting a penny out of us until they come up with some evidence.

More people need to report the underhand tactics, then maybe shysters like these can be stopped.

Marlowvian

I've just reported them as they are harassing me for a debt that was included in a bankruptcy over 2 years ago and they even detailed the debt on the phone without taking a security check with me first. Letter to OFT in the post

FTW

Marlowvian wrote: »

I've just reported them as they are harassing me for a debt that was included in a bankruptcy over 2 years ago and they even detailed the debt on the phone without taking a security check with me first. Letter to OFT in the post

May be worth complaining also to Consumer Direct and the Financial Ombudsman Service. The latter, because it incurs cost to AK if you do.

decemberboy

When they requested your OH's old address did they make clear in the letter that you are under no obligation to provide it?

If not, they may have breached the requirements the OFT imposed on them in October:

3. Aktiv Kapital (UK) Limited, where there is a dispute relating to the identity of the debtor, shall not oblige an individual to supply high-level ID (e.g. driving licenses, passports, full name, date of birth, signatures) to prove that they are not the debtor in question. A request for such information may be made where it is reasonable and proportionate to do so but where such a request is made it must be made clear to the individual at the time of the request that there is no obligation on them to prove that they are not the debtor.

I may be wrong and asking for an address may not constitute high level ID. I'm sure someone will confirm.

Just_Plain_Jane

decemberboy wrote: »

When they requested your OH's old address did they make clear in the letter that you are under no obligation to provide it?

What they did was quote an old address of his and asked him to provide the date he left the property. Even if we told them, it still doesn't prove they are chasing the right person. They forgot to mention that we don't have to tell them anything.

We are 99.9% certain that this is either a debt that has been paid or isn't his at all. Even if it was a genuine outstanding debt, it would be statute barred by now as OH hasn't run up any new debt in years. They're not forthcoming with any more information about the debt or when it was accrued and we won't divulge personal info to them when we're not sure what it relates to.

I sent them the letter on 7th March. Today OH received one from them dated 26th Feb(!?) that basically said we think this is your debt, we want you to pay it and if you do so in the next 10 days we will reduce it by 30%.

They are clutching at straws and they know it. They won't be getting a brass farthing out of us any time soon. :rotfl: