Aktiv Kapital

yelsel3

Can anyone help - just googled aktiv kapital and sent to this site but all info from 2005. The above claim to have bought my debt from sainsbury's bank. I have not paid any of this debt for 3 years due to extreme ill health, which I told sainsbury's about. Thing is am not working and still have no money to repay. Thames Credit ringing constantly extreemly stressed what should I do?

Kevicho

The first thing to do is to tell them the next time they ring, that you will only correspond in writing.

The usual letters you will then be able to send and links will be posted shortly

Dont let them get you down.

Kev

Snaggles

Hiya, here's a letter you can send asking them to only contact you in writing:

Dear Sir/Madam

I am writing to express my serious concerns regarding the telephone calls that I have received from your company.

I am now formally requesting that all further correspondence be made in writing only.

I demand that these phone calls stop immediately. I am familiar with the terms of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1970 and I believe your harassment places you in breach of these acts.

If you continue to call, you will also be in breach of the Wireless Telegraphy Act (1949) and, as such, I will report you to both Trading Standards and The Office of Fair Trading.

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

You will be deemed to have been served notice of my request and I will deem it served by (FULL DATE), I am advising you that any calls received after this date will be recorded with the intention of them being used as evidence.


Yours faithfully

Snaggles

You could also send this letter asking them to provide you with the signed credit agreement, as if they don't have this, the debt is unenforceable I believe (The last paragraph is only if they have been threatening you with doorstep collectors - obviously delete it if they haven't):

Dear Sirs

Re:−
Your Ref:

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose £1 in payment of the statutory fee.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities, therefore if I do not receive evidence that I owe your company any monies by (enter date) , I will have no hesitation in passing your details to the Office of Fair Trading.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Regarding your threat that a Doorstep Collector will call the owner of this property is denying you or anybody working on your behalf access onto their estate or grounds in relation to this disputed debt, should you or any agent acting for you attempt to gain access to the estate or its grounds, then you will be ignoring your denial of access and the owner of (enter address) will take legal steps to sue both you and or your agents for trespass, please also note that having a letterbox on the property gives you or anyone working on your behalf neither implied nor expressed rights to enter the properties boundaries, again any instances of trespass WILL lead the property owner to sue both yourselves or any agents working on your behalf.


Yours faithfully

yelsel3

Thankyou so much for replying to me. I feel a bit less desperate and alone now. I'm new to the forum and just working out how to use it! I like the idea of fighting back as the last three years have been a nightmare - had heart surgery - and all this is really getting me down, it's not that I don't want to repay my debt but if they would leave me alone to get better I might stand a chance to.