Help/advice re Aktiv Kapital?

jb26

Apologies for my late reply, long week at work culminated in a very hectic bhol weekend!

I took your advice again fermi and didn't respond. No reply so far from AK, I'm awaiting letter number 3 though. They seem to be following a very specific pattern according to my previous research. I have to admit I'm worried they're going to turn nasty though

I'm glad I found MSE, and now I realise I'm not alone.

jb26

Hi everyone,

Sorry to rehash this old post, but I received another letter from AK saying that the next step they are looking at may involve passing it to one of their field agents for a home visit. They later list some incentive programme called 'New Deal' or I can pay a reduced amount.

Alternatively you can pay only £755.23. We will accept this as full payment.

I'm pretty worried tbh, the last thing I want is DCA knocking down my door.

Any advice, as I'm thinking about just contacting them just to get them to stop sending letters?

Thanks

fermi

That is the idea. They want you to panic and contact them.

Don't let their daft tactics succeed.

I've never heard of Aktiv sending anyone out.

Even if they did, so what?

You just tell them to "naff off". If they try to hassle you, then you call the police and have them removed. They have no rights to do anything.

fermi

Have they actually identified what the debt is yet?

These are still "fishing" letters, and honestly don't deserve a response.

jb26

No, they haven't identified any further as to what it is, just the vague debt as detailed in the previous posts.

Should I send them the prove it letter? Or the sod off its not enforceable letter? Or just ignore again?

I can see how these tactics do work, its hard to stay strong and not give in! Especially when they use things like field agents etc, but I guess that's kind of the idea?

markl1980

Send this letter to them with your reference number on it

WITHOUT PREJUDICE

Dear Sir/Madam

Account No: ??????????

You have contacted me regarding the account with the above reference number, which you claimed is owed by myself.

I would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action occurred”.

I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

The last payment of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence if payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (l) of the Administration of Justice Act 1970”.

[FONT=&quot]
[/FONT] I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

fermi

Since they haven't even identified what debt they are chasing, then the letter in this link would be more appropriate.

http://forums.moneysavingexpert.com/showpost.php?p=34906257&postcount=5

Although honestly at this stage it's still just fishing.

Responding to them lets them see you have bitten, and if the debt isn't statute barred quite yet, then you could cause yourself problems.

Once you are 100% it would be statute barred, then you have the luxury of responding telling them to "bog off".

jb26

Both of those seem to be stat barred letters. I have a feeling that once I respond, they will somehow use it against me, having researched ak from this forum alone. That being the case, should I just wait and see if they send out yet another letter? (think of all the trees, care they nothing for the environment? )

If it is mine and still enforceable then by all means I will pay, believe me I've worked hard to repay all my debts and have had pull myself by my bootstraps. It's just frustrating when there's companies like this that exist solely to make money off harassing people and playing on peoples lack of knowledge.

Once you are 100% it would be statute barred, then you have the luxury of responding telling them to "bog off".

Hopefully soon!

fermi

jb26 wrote: »

Both of those seem to be stat barred letters.

The 2nd also makes the point that as far as you are concerned you are not aware of owing Aktiv Kapital anything.

In other words, they (a) have to prove that it is your debt in the first place, and even if they can do that then (b) they have to prove it's not statute barred.

The thing is.....

If they were sure that:

(1) They were writing to the correct person.
(2) The debt isn't statute barred

Then surely they would have commenced legal action, rather than sending daft fishing letters time after time after time?

The letters really do speak of shear last ditch desperation on their part.

Sounds to me, that in perhaps just a short while that you will be able to be confident that the debt is barred if it's yours?

king100

Why would they offer a 35% discount if they knew they could take you for the full amount, just send SB letter or prove it letter.