Aktiv Kapital (UK) - Who Are They?

GeorgeUK

benson61 wrote: »

Hi George
I have already replied to your question above but have remembered they actually last sent me a statement of account on the 15th of january 2007 for the previous 12months (no statement before and non since) but i am a bit puzzled by it as this debt as always been paid by standing order yet it shows that one of the payments recieved was for cash?. Are they legally required to send a statement every 12mths or not.

In accordance with the Consumer Credit Act Amendments 2006, any debt that falls under the CCA regulations must have a statement supplied at least once a year (from 1st October 2008).
http://www.opsi.gov.uk/acts/acts2006/pdf/ukpga_20060014_en.pdf

6 Statements to be provided in relation to fixed-sum credit agreements
After section 77 of the 1974 Act insert—
“77A Statements to be provided in relation to fixed-sum credit agreements
(1) The creditor under a regulated agreement for fixed-sum credit—
(a) shall, within the period of one year beginning with the day after
the day on which the agreement is made, give the debtor a
statement under this section; and
(b) after the giving of that statement, shall give the debtor further
statements under this section at intervals of not more than one
year.
(2) Regulations may make provision about the form and content of
statements under this section.
Consumer Credit Act 2006 (c. 14) 5
(3) The debtor shall have no liability to pay any sum in connection with the
preparation or the giving to him of a statement under this section.
(4) The creditor is not required to give the debtor any statement under this
section once the following conditions are satisfied—
(a) that there is no sum payable under the agreement by the debtor;
and
(b) that there is no sum which will or may become so payable.
(5) Subsection (6) applies if at a time before the conditions mentioned in
subsection (4) are satisfied the creditor fails to give the debtor—
(a) a statement under this section within the period mentioned in
subsection (1)(a); or
(b) such a statement within the period of one year beginning with
the day after the day on which such a statement was last given
to him.
(6) Where this subsection applies in relation to a failure to give a statement
under this section to the debtor—
(a) the creditor shall not be entitled to enforce the agreement
during the period of non-compliance;
(b) the debtor shall have no liability to pay any sum of interest to
the extent calculated by reference to the period of noncompliance
or to any part of it; and
(c) the debtor shall have no liability to pay any default sum which
(apart from this paragraph)—
(i) would have become payable during the period of noncompliance;
or
(ii) would have become payable after the end of that period
in connection with a breach of the agreement which
occurs during that period (whether or not the breach
continues after the end of that period).
(7) In this section ‘the period of non-compliance’ means, in relation to a
failure to give a statement under this section to the debtor, the period
which—
(a) begins immediately after the end of the period mentioned in
paragraph (a) or (as the case may be) paragraph (b) of
subsection (5); and
(b) ends at the end of the day on which the statement is given to the
debtor or on which the conditions mentioned in subsection (4)
are satisfied, whichever is earlier.
(8) This section does not apply in relation to a non-commercial agreement
or to a small agreement.”

benson61_2

thanks george

So on the face of what you have quoted should i continue to pay these people or stop paying them and report them to some governing body

GeorgeUK

If the DCA is the one that you are paying the money to, as they haven't fulfilled the requirements of the CCA74, they are not entitled to enforce the agreement - which includes taking payment. If you are making payment to MBNA however, you weren't paying to the DCA anway so the question is do MBNA have the right to enforce the agreement?

If you have made a CCA request and not received anything, if they still pursue you for payment, then you can report them to Trading Standards etc. If they are no longer requestig payment then they aren't doing anything wrong (other than not providing the document) because they aren't asking for anything.

benson61_2

GeorgeUK wrote: »

If the DCA is the one that you are paying the money to, as they haven't fulfilled the requirements of the CCA74, they are not entitled to enforce the agreement - which includes taking payment. If you are making payment to MBNA however, you weren't paying to the DCA anway so the question is do MBNA have the right to enforce the agreement?

If you have made a CCA request and not received anything, if they still pursue you for payment, then you can report them to Trading Standards etc. If they are no longer requestig payment then they aren't doing anything wrong (other than not providing the document) because they aren't asking for anything.

Hi george
I sent a CCA request to TBI by recorded delivery on the 27th august have just tracked the letter on line it would appear the letter has not been delivered yet, if they simply ignore the letter by not signing for it what options are open to me and does the 12 working days rule still apply, as surely they will just say they have not had any request from me (very confused)

~Chameleon~

benson61 wrote: »

Hi george
I sent a CCA request to TBI by recorded delivery on the 27th august have just tracked the letter on line it would appear the letter has not been delivered yet, if they simply ignore the letter by not signing for it what options are open to me and does the 12 working days rule still apply, as surely they will just say they have not had any request from me (very confused)

That was only 4 days ago and it is a Bank Holiday weekend!!! The earliest they could possibly receive it is Tuesday (tomorrow) so be patient!

GeorgeUK

If they don't sign for it they shouldn't get the letter - if you don't hear anything after the 12+2 working days, contact royal mail to make sure it has been delivered. It may be delayed due to the mail strikes right now.

1madmum

Hi I have recently recieved 2 letters from this company looking for me! As I have changed my name (by marriage) they are looking for me under my maiden name. They are asking in the letter if I am the person they are looking for. So far I've just ignored the letters as I was sure it was a debt recovery company. Can i just carry on ignoring them as they aren't stating what it is about they are just fishing for information to the whereabouts of me!
Thanks for any advice
Kay

GeorgeUK

When was the last time you made a payment towards the debt or acknowledged it in writing?

If 6 years have passed (5 in Scotland), then the debt may be statute barred.

rabbit80

I got another letter from these jokers today!

Dear Sir/Madam

Do we have the right address?

We have written to you previously.

We are attempting to contact Mr Rabbit80 and have reason to believe that this is the current address for Mr Rabbit80.

Please call us on 0800 028 0773 straight away

We would like you to telephone us on the freephone number shown at the top of this letter, so we can validate the details we are holding.

We need to speak to you as soon as possible, so please call 0800 028 0773.

Yours faithfully,

Aktiv Kapital (UK) Limited

They never called me back last time - so dutifully I called them again and left another message on their answering machine quoting the reference number, my mobile number and that "I have been handed a letter" saying that they wished to contact me.

Obviously, if they do contact me by phone - I will be unable to confirm any details with them, such as address, date of birth etc (due to this being a likely phishing scam) - until such time that they can provide evidence that I have an outstanding debt to them (I'm thinking they will have to send a representative with the signed CCA, proof that the debt has been transferred to them - and some ID to meet me in a public place... such as one of the quaint little villages in the middle of the north york moors )

Once again - I advise no-one to do the same as me - it is probably better not to respond at all! I just like to waste their time and money as much as possible!

A quick question - is it legal for me to record any phone conversations I may have with them?

Something else I just noticed which has made me even more "suspicious" that this is a phishing scam.... The two letters I have received are on different headed paper.. Lack of consistency with things like headed paper are a common phishing mistake (Or so I have been told )

jammydodgers_2

Hi All, Ive had another letter from these people via Buchanan Clark and Wells. As I have moved from my previous address I havent responded. They say they will be taking legal action but as I havent had any contact with them and I have moved can they really do this?
Cheers.