Aktiv Kapital

grappleapple

very interested in this thread as I've just received a letter from Aktiv and I had no idea what it was for!

They are saying its for my very old store card account from a previous address which I am certain I settled back in 2007.

I wish I had read this forum first (newbie!) as even though I didn't pay it I called them which I guess classes as acknowledging the debt? Even though I said I had no idea what it was for. I have asked them to email me something with the account details it refers to as the letter contained nothing to do with the original account, only their account number and amount to pay. You can see how they would easily scare people into paying.

As yet I still haven't received an email with these details. Could I still request them to prove my identity? As their letter states "we believe that you are our customer"

Thanks

Jesthar

If calling them was classified as acknowledging a debt, then you can guarantee they'd be spamming the mailboxes of Britain with their con-o-grams even more than they already do! You'd have to acknowledge the debt in writing for it to mean anything, and they know this - they may try and convince you otherwise, though

Their letters, by the way, are usually a heady mix of mangled facts, outright fiction and overblown threats, so don't take them too seriously - they are designed to frighten you into calling them and paying them without thinking.

So yes, you can still send the 'prove it' letter (if they actually bother to send you any account details, that is) - if/when you do, remember NOT to sign the letter, just print your name, and also send it recorded delivery so they can't claim they never received it.

And also remember - the onus is on THEM to provide enough facts to prove YOU owe them money, not on you to prove you don't. So if you get any letters asking 'please fill in these forms for us, and/or also provide us with any paperwork you have for the account to help us help you', ignore those requests, as they roughly translate as 'oops, we don't have any valid paperwork to enforce this debt - would you mind providing it for us so we can make you pay?' :rotfl:

~Jes

grappleapple

SUPER help!!!

thanks so much, this is all new territory for me and can be a minefield once you start looking into it.

As yet I still haven't received an email which in itself is a bit dubious considering all I asked for was the original account details.

Thanks again!!

Just_Plain_Jane

To read more about AK and their antics, have a look at this: https://forums.moneysavingexpert.com/discussion/89287

Prove-it letter is here: http://forums.moneysavingexpert.com/showpost.html?p=11570893&postcount=2

Only deal with DCAs in writing. See this thread: https://forums.moneysavingexpert.com/discussion/2719675

king100

grappleapple wrote: »

very interested in this thread as I've just received a letter from Aktiv and I had no idea what it was for!

They are saying its for my very old store card account from a previous address which I am certain I settled back in 2007.

I wish I had read this forum first (newbie!) as even though I didn't pay it I called them which I guess classes as acknowledging the debt? Even though I said I had no idea what it was for. I have asked them to email me something with the account details it refers to as the letter contained nothing to do with the original account, only their account number and amount to pay. You can see how they would easily scare people into paying.

As yet I still haven't received an email with these details. Could I still request them to prove my identity? As their letter states "we believe that you are our customer"

Thanks

Only 2 ways to acknowledge a debt.

1. In writing
2. By paying something towards that debt.

Telephone as stated does not constitute acknowledgement.

grappleapple

Great! time to get clued up on all of this.

Thanks so much.

weight off shoulders :A

king100

grappleapple wrote: »

Great! time to get clued up on all of this.

Thanks so much.

weight off shoulders :A

If you want to see more posts head over to Consumer Action Group - AKA CAG - they have specific forumes for some DCAs.

grappleapple

Me again!

After initial contact letters from Aktiv Kapital saying they are still looking into this, I finally received a letter from them today. (3 months later)

Bear in mind the last letter I sent them was the one stating I don't acknowledge the debt, they sent me a letter saying that the original creditor registered a CCJ. Due to this Aktiv Kapital say they are under no obligation to provide the documents I have requested.

However, the letter goes on to say:

The matter needs to be taken up with the Courts in order to have the Judgement set aside before any dispute can be investigated by Aktiv Kapital.


Does this mean they actually have no legal standing to chase this debt in the first place? As yet they are still to prove the owner of the account.

king100

OK seems by the letter you have a CCJ against you for the debt.

You need to search at http://www.trustonline.org.uk/ it will cost you £8 but is uptodate. Just to double check as wll check your credit reports experian and equifax.

Did you receive any court papers for this debt?
Didi you know that they were taking you to court?

If answers come back as

Yes you have a CCJ, No you didnt receive court papers and no you didnt know that they were taking you to court then you need to do the following

Go to your local court and have them sign

WRONG LETTER - Ta Fermi

Or something similiar this will need to be signed by a witness, most courts know about them and its very easy. Even I have had one done.

I would then speak to the original creditor and find out what the f*** has happened.

fermi

Hi King.

I think you've posted the wrong letter?

This is a CCJ. Nothing at all to do with the magistrates court or fines.

Statutory declarations play no part in County Court procedures.

Instead the OP would need to look to get the CCJ "set aside" by the court.

See: How to set aside a judgment in the county court