Can Aktiv Kapital Do This???

Dammam

Just looking through an old demand from this company, and on the back, where it gives ways of making payments, there is this block:-

USE OF YOUR INFORMATION

We and our groups of companies may use your personal data and pass it to members of the GE Capital's group of companies, who may inform you of their products and services by telephone or by mail. Should you wish to refrain from such use of your data, please write to us at the address shown overleaf.

Surely a debt collecting agency can't just sell your details to another company for advertising purposes? I thought that you had to be given the option to opt IN not opt OUT by post.

And while we're on the subject of Aktiv - has anyone ever managed to get a full and final settlement figure from them?

ex-eastender

Strange but true, was just looking where to put my question and saw you mention aktiv kapital.
I received a letter from them today (I have never heard from them before),saying they had a debt to recover from us from 8 years ago when we used to live in london.
This was for a suite we had but paid off for before we moved.
Major problem seems to be the onus is on us to prove it. I am normally quite good at holding onto documents but in this case I have got married had 2 children and moved to Scotland since and blow me down if I havent kept receipt!!
Any ideas or info would be really appreciated from you guys out there in MSE land!!
Thanks

Thenotsowyzewun

I wouldn't worry too much, if they take you to a small claims court to settle it I doubt they'll be able to prove you owe them the money, and it was 8 years ago.

Stonk

8 years! You can't reasonably be expected to keep receipts that long. Conversely, someone to whom you (allegedly) owe money can reasonably be expected to have taken steps to retrieve it or at least tell communicate with you within 8 years. Hence I think the onus would be on them, not you. Let them sing for it.

Joe_Bloggs

I thought this thread would be about murdering the language. It is alleged that creditors sell debt for a few pence in the pound to those who think they can rake it in. I guess the details of the alleged creditors are in the price. Keep those receipts longer than your worst imagined debt collector would.
J_B.

helen21_2

I am not sure what the time span is but i know after a certain amount of years with no contact the debt can not be persued, after about 8 years or something like that, i suggest you speak to CAB

helen21

chilli_dog

if i'm not wrong,

Debts over 6 years old are statuate barred, ie they cannot be recovered AS LONG as there has been no contact from the company in relation to the debt or you have not aknowledged it, wish i could spell.

OH and as long as they have'nt got a CCJ against you for it.

Might be worth a while to get your credit file from Experian or Callcredit to check it.

if all is cushty tell them to whistle for it

ex-eastender

Thanks to all, very grateful. I did experian check and was happy to see we are so good!! No mention of them at all - and no CCJ,s so I'll let them do the phoning and chasing and will happily "See them in court"!

Many thanks again.

Dammam

Seems churlish to mention it, but my thread seems to have been hijacked somewhat.
Back to the original question - Are Aktiv legally able to sell all your details, including phone number, to GE Capital?

Kevinho_Green

Aktiv buy debts from GE, who already have you details. They may supply more up to date information but only to GE for a GE debt. In many cases these can be for consolidationlloans which you have every right to refuse. For some people this is a life line and YES they can do it.

Harassed_2

The alleged 'debt' is statute-barred, Aktiv Krapital are fond of chasing these. Don't even bother asking for copy agreements, just send them this letter (by Recorded Delivery). They are fond of denying that they've received correspondence.

Name of Creditor
Address of Creditor

WITHOUT PREJUDICE

Dear Sir/Madam

Re: Account No/Reference No:

No debt is acknowledged to you. You have contacted me regarding the account with the above reference number, which you claim 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 accrued.”.

The last correspondence/payment/acknowledgement 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 of 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.

I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I look forward to your reply.

Yours faithfully

(Your signature)

http://www.lawcom.gov.uk/docs/cp151apa.pdf