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Aktiv Kapital (UK) - Who Are They?

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  • Ayrshire_2
    Ayrshire_2 Posts: 84 Forumite
    Ayrshire wrote: »
    Hi,

    Hope i'm not stealing the thread but thought it best to keep the following in here as it relates to Aktiv Kaptial.

    Here goes...

    My father received a letter, think it was a final demand or something, from Debt Managers Ltd (Edinburgh office as we're in Scotland) some months back claiming he owed over a thousand pounds to Aktiv Kapital FI-Ilford Audio Centre.

    He doesn't keep good health (he's 66 this year) and this nearly put his recovery back no end... so i was a litte annoyed about it to say the least!!. Anyway i phoned them claiming to be him (naughty but there is no way he'd have been able to do it himself). I told them i knew nothing of this debt.. they then asked if my wife (i.e. my mum) was still alive.. maybe she'd remember it!!

    Again told them i know nothing about it, have never been to Ilford and have never bought any audio equipment on credit. The woman said she'd put on file but that i might get another letter in the future.

    Today my mum has just brought me another letter ... this time an URGENT FINAL DEMAND.....she's worried about showing it to my dad in case it effects his health/state of mind (he's a born worrier). It's from Debt Managers Ltd again claiming he owes £1,315.64 to Aktiv Kapital Fi-Ilford Audio Centre.

    Having read this thread it looks like this crowd are just chasing names ... my parents did have some moeny problems a good 7-9 years ago (mainly credit cards and late mortgage payments) but they genuinely don't know anything about this.

    My thoughts are to send the 'more details' letter with the £1 PO in it to see what they come back with. If they have anything, which i seriously doubt, then it will probably be outwith 6 years.

    I'd be grateful for any advice anyone can offer on this.

    Does the fact we're in Scotland effect the legal side re credit acts etc ?


    Thanks in advance for your time and help.

    Craig.


    Just a further update ......

    Got another letter in that my dad opened and immediately started to worry...thinking ahead i'd already printed out some of this thread and left it with my mum.... who had the sense to let him read it straight away. The result was that he immediately stopped worrying and realised this crowd are just scam artists with registered company to work under.

    Anyway he decided to ignore their letters and see what happened. Week ago he got a new one.....

    usual blurb, reference numbers etc.. then >>>

    Settlement Opportunity - up to 25% (discount available)

    Your overdue account has been identified as qualifying for a discount.

    We have negotiated a range of special settlement terms with a number of our clients.

    We are pleased to be able to offer you - without prejudice - a significant reduction.

    Call us immediately to confirm the amount and the date you expect to make payment

    A dishonoured cheque will make this offer void and the full balance becomes due immediately.

    Credit and debit card payments will secure this offer on the day of your call.

    Settlement of this overdue account may help to improve your financial status

    >>>> magic eh ..... suddenly he's got 25% off a debt that's not his!!

    I told him to ignore it...who knows it might be 50% discount next week :D

    10 days later (27th April) ... another letter.... no 50% discount sadly ... but rather >>>

    Despite our earlier correspondance relating to your debt due to Aktiv Kapital First Investment in the sum of £xxxx's in relation to Debt Managers Reference : 123456789 we have not received payment in respect of this debt.

    We therefore give notice that proceedings to recover this debt together with Solicitors fees and costs will be instigated immediately,

    Details of any warrants obtained in relation to this debt may be supplied to credit referencing organisations and may impede your ability to obtain credit in the future.

    Should you wish to avoid this action IMMEDIATE payment of the full outstanding sum of £xxxx's should be made payable to Debt Managers Limited and sent to the above address. The reference number 123456789 should be quoted in all correspondence.

    :T

    So the options now are.....

    a) phone up and offer to pay someone elses debt immediately?

    b) hang off and see what nasty letter they send next?

    c) send them one of the standard letters back denying the debt and ask them to prove it?

    d) something else?


    Any comments, thoughts or advice greatly received. Also good to hear if anyone else has received these letters and what the next one might be :mad:


    Thanks in advance.

    Craig
  • squelch123
    squelch123 Posts: 14 Forumite
    Hi Craig.

    My advice (which is what I'm doing) is to totally ignore them - I too received a letter offering a discount of 25%!!! I ignored it and have not heard anything since (that letter was dated the 17th April). Sit tight - admit nothing, ignore them and most certainly do not send them any money including a postal order for £1 - judging from some other threads they may class this £1 as you offering to pay against the debt. Pay nothing. Say nothing.

    I'll let you know how I get on.
    Sarah
    :rotfl:
  • Ayrshire_2
    Ayrshire_2 Posts: 84 Forumite
    squelch123 wrote: »
    Hi Craig.

    My advice (which is what I'm doing) is to totally ignore them - I too received a letter offering a discount of 25%!!! I ignored it and have not heard anything since (that letter was dated the 17th April). Sit tight - admit nothing, ignore them and most certainly do not send them any money including a postal order for £1 - judging from some other threads they may class this £1 as you offering to pay against the debt. Pay nothing. Say nothing.

    I'll let you know how I get on.
    Sarah
    :rotfl:

    Hi Sarah,

    Thanks for the reply. :T

    The 25% discount letter he got was the 17th as well then this court action one 10 days later.

    Will tell him to hang fire and see what they do next. Bit like you i don't see why he should spend any money (including the stamp for the letter) until these punters come good with some proof which they don't have. The debt they are chasing is for Ilford Audio Centre according to the letter..... neither of my parents have even heard of Ilford .. never mind been there.

    I wonder if anyone has ever had any success on taking these chancers to court to claim some compensation for the hassle, stress etc they cause people.

    Will watch this thread to see how you get on and i'll update the situation here if/when the next letters drop through the door.

    Well done for standing up to these crooks. :T


    Regards,

    Craig
  • squelch123
    squelch123 Posts: 14 Forumite
    Hi Craig,

    Something else to mention - I have also pointed out in another thread on here (have a read of it) that to take you to court these people have to send a default notice then apply to the courts if they wish to take things further to I guess place a county court judgement on you and therefore I guess to allow bailiffs to persue you. At this stage I think the court, if they agree with the case, will send you a letter (don't ignore this one from the courts should it reach this far) and then you will have a chance to write back and state your case. Aktiv Kapital have to play ball then ref supplying details of original contract documentation etc (which they don't have!) and if within the last 6 years of any debt if there has been no payments to it or correspondence admitting 'the debt' then I believe legally it is dead and the courts I believe won't entertain it. Read my other thread for full details of my findings and websites to explore etc.
    Also, I am just re-mortgaging and it has gone through (in last few days) fine and also have just been agreed on a new credit card deal (also in last few days) so my credit certainly has no black mark against it (some people on here have mentioned that they are blacklisted but I think these are where debts have been admitted to or been paid before or part paid). Hence don't admit anything or offer any £'s - it is up to them to prove you owe that money. Anyway - what kind of reputable company offers a 25% discount to someone who they say owes them money???? Smells like a rat to me..........:rolleyes:
    Talk soon
    Sarah
  • Ayrshire_2
    Ayrshire_2 Posts: 84 Forumite
    The latest update....... dad received another letter !!

    This time a letter from Russel + Aitken LLP Solicitors Debt Recovery, PO Box 23638, 27 Rutland Square, Edinburgh. EH1 2BU. The bottom of the letter shows the registered office as Kings Court, High Street, Falkirk. FK1 1PQ.

    Anyways... the letter is dated 8th May and goes like this......


    Dear Sir/Madam

    Creditor : AKTIV KAPITAL FI-ILFORD AUDIO CENTRE
    Client Ref : blah blah blah
    Ref : blah blah blah

    Balance Due : £1315.64

    We have received instructions from Debt Managers Ltd to proceed with immediate Court action in respect of your account. An application is shortly to be made to the Court for a Warrant to serve proceedings on you and in terms of which the Court will be asked to make an award of expenses and interest against you in addition to the balance shown.

    We are sure you will wish to avoid this action bearing in mind the extra expense and the fact that your credit rating could be seriously affected.

    We are therefore writing to you in advance of service of the proceedings to give you a final opportunity to make contact with Debt Managers Ltd if you want to avoid the action referred to above. Contact can be made by telephone on 0870 050 1041 or send your payment to Debt Managers Ltd, PO Box 168, Edinburgh. EH3 6UP

    No further intimation will be sent to you in this respect and this letter should receive your immediate and urgent attention.

    Yours faithfully

    (insert squiggle signature you can't read)


    Litigation Department


    :mad: these people really do start to annoy you don't they!!

    I reckon we've come this far, still don't see why my dad should be out of pocket or invest any energy in writing to these people and so i'm telling him to keep sitting tight. Let them go to court ... let the court decide if they have enough evidence to pursue an innocent man.... if we get any letters from the court.... and only a letter from the court then we'll respond to that.

    Why so many 'last offer letters' ? If i had a really strong case and someone owed me £1300 i'd have sent one letter... no joy ... then straight to court with it. It all smacks of send letters 1 through X each one a bit stronger than the last, move it to a legal firm etc etc.

    Anyone else had the 'solicitors' letter or are we breaking new ground here?

    Would also love to turn the tables on this shower and take them to court .... maybe one day.


    Cheers,

    Craig

    P.s. I'm not sure what good posting these updates will do but i hope that somehow it gives someone else a little bit of hope, reassurance or courage to stand up to this type of under hand behaviour from legalised thieves.
  • squelch123
    squelch123 Posts: 14 Forumite
    Hi Craig,

    Yep, I too have the same letter! From Russel and Aitken dated 8/5/07.
    Yes they really do make you mad don't they - but I would say try not to buckle under the pressure.
    I called the national debtline yesterday who were very helpful and they said that this is classed as 'harrasment' and there is a letter template that they are sending me that If I wish I can send to these !!!!!!s which I may do depending on how things go. Maybe worth you giving them a call and getting them to send you a pack also - it's completely free.
    I also asked can anyone put a default against your credit history hence blacklisting you.
    A company can only put a default on your credit file against a listed credit agreement that will already be on there. If you go online or call Equifax or Experian and get a copy of your's parent's credit file you will see that each and every piece of credit they have ever had that is either still active or settled will show against their name and address. Companies cannot simply just send a 'default' notice as they will have to attach that supposed 'default' to the supposed 'debt' in question on your file.The way the credit agencies work is to list in detail when the loan was taken out, how much for, how much o/s, how many times you paid late by 1 month, two months or three months etc. So you see, Aktiv Kapital and their cronies cannot attempt to sabotage your parent's credit file as there is no credit agreement matching theirs for them to put a default against - hope this makes sense? I suggest maybe getting a copy of your parent's credit files from Equifax, Experian and there is a smaller one Debtline told me called 'call credit' I believe so that you can monitor what is on there and if anything changes. Incidentally Debtline did say that if ever there is an incorrect entry on your account then Equifax/Experian will help you get it put wright.

    Also, debt recovery agents are not bailiffs so you do not have to talk to these people and they cannot enter your property. Only Court Bailiffs are real bailiffs.

    I agree - the fact that they are giving so many chances to pay just shows they are trying to get what they can.
    I am still ignoring them for now - if I was out of the country that's exactly what I would be doing anyway or I certainly wouldn't even know that the letters were being sent as they have no proof that I have ever received any letters anyhow.
    Keep smiling, and remind your parents that they do not owe and have never owed this debt so fact: it can never be proved by these creatures.
    I'll update you soon as judging by the tone of this last letter to me they surely must be taking court action so I expect to receive a letter from the courts now?
    Sarah :cool:
  • Ayrshire_2
    Ayrshire_2 Posts: 84 Forumite
    Hi Sarah,

    Thanks again for the reply. Looks like both you and my old boy are at the same stage in the process. Sounds like it's going to be a busy court at this rate :rotfl: Wouldn't like to have AK's legal bill either for all this work only to find out they are chasing the wrong people.

    I've told them to hang fire... wait for something 'official' from the courts requesting their payment/acceptance of the debt .. then we'll take it from there. Until then just keep passing me the letters and don't worry :cool:

    I'm just so glad i found this thread so he could read it for himself.... you know how it is ... he'd never have believed me that this crowd were a big scam unless he read it with his own eyes. Funny how people see letters from 'so-called' big companies etc and just accept that they must be right, surely!

    The sooner people like watchdog and the likes got on to this shower of chancers the better. Might even get in touch with watchdog to see if they've considered looking into them :D

    Good luck and no doubt speak again soon... i'll post the next update as and when it happens.


    Cheers,

    Craig
  • Hi Sas,

    I too have recently received a letter from Aktiv Kapital and am very grateful to this forum for making me aware of my rights.

    I sent a mish-mash of the 2 letters along with the £1 stat fee.

    I have received a letter back and can reassure you that they have not deducted the £1 from the debt. As long as you have clearly stated in your letter that you DO NOT acknowledge the debt AND that the £1 is for the sole purpose of paying the stat fee, then they do not have a legal leg to stand on.

    They HAVE NOT sent me the required documentation, but say that they are in posession of it. They want me to supply further information of myself before I do.

    Obviously they have doubts that I am the person who they are looking for.

    I am not going to oblige by giving them any personal data, and I am not going to reply back to them at this stage, as the clock is still ticking on the 30 days they have to supply the documents I have requested.

    Hope this helps and allays any fears you may have.

    Regards,

    TT
  • SAS
    SAS Posts: 2 Newbie
    Many thanks to you.

    Think i'll just sit tight and see what happens and like you i certainly won't provide them with any personal details. If they do reply i think i'll send them the statue barred letter as this debt certainly has not been acknowledged by me in the last 6 years. Will keep you posted.
  • Barracuda
    Barracuda Posts: 7 Forumite
    HI,

    Sorry really confused, I too have got a debt with Thames, but I have been paying them £10 per month, can I do anything or does it matter that I am paying it each month.


    Thanks
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