Debt Managers & Aktiv Kapital

urbangirl

HELP! I've been devoted to looking at all these forums in the past and the information has been invaluable and put my mind at rest on so many things, but this time I really need some specific advice as I'm going out of my mind.

I have just received an Urgent Final Demand letter for £250 from Debt Managers Ltd for a debt with reference to Atkiv Kapital for an old chargecard I had from Arcadia which I thought was paid off 4 years ago (this card is slightly different as it was through my old employment). I have done the standard and sent a recorded letter in return to Debt Managers not acknowledging the debt and asking for a copy of the original credit agreement and details of the account, etc for them to prove that I owe money.

In the meantime I have checked the three credit files and found defaults on only one - detailing Atkiv Kapital and a date for March 2007. Does this mean the debt has been sold on? Can they just put this on my file? Is there anyway of removing it?

The chargecard was taken out at an old address and I moved out when I finished that employment. I haven't kept any paperwork as it was 4 years ago, however I have managed to find a copy of the old credit agreement, which states in the customer consent that when I sign they then have the right to deduct anything left outstanding from my last wage (this is what I probably thought had happened) - do I have any leg to stand on?

I'm going on holiday soon for a few weeks and am worried that more demand letters will be sent to me whilst I am away. Has anyone had this sort of experience before? What can I expect to hear back from Debt Managers? And if passed back to Aktive Kapital, what would I likely hear from them?

Is it worth contacting my employer at that time for a copy of my last wage slip or contacting GE Capital who is the Credit company for the chargecard?

It is not so much the amount of money, it's more the principal of why I still owe it or if I do why it's taken so long to track me down (as I've not exactly been living underground)!

Any advice will be much appreciated!

HappyGoLucky_2

This thread has an interesting trail of their threatening letters.
http://forums.moneysavingexpert.com/showthread.html?t=89287&highlight=aktiv

To register a default they must have issued you with a default notice and in a timely manner, appears it is a good 4 years late at best. You can complain to the Information Commissioner. At a guess they have incorrectly used your £1 fee against the account, another for the IC. You can send a SAR to the credit reference agency to see if it shows exactly who is telling them to display what and when, it should show what was on your file prior to March 07 against this supposed outstanding debt.

It is up to them to prove the debt exists and payments outstanding, not you to prove you paid.

birdv1

Hi Urbangirl, check out thread Aktiv Kapital (UK) - Who They? There's lots of people in the same boat and some excellent advice, not just from amateurs either. Don't acknowledge the debt to them and send the standard letters. If they don't respond report them to Trading Standards.

YOU ARE NOT ALONE!!!