Aktiv Kapital (UK) - Who Are They?

GeorgeUK

It is possible for them to try to get a CCJ for the debt even if they don't have your current address. Whether they will try to or not is another matter.

rabbit80

GeorgeUK wrote: »

It is possible for them to try to get a CCJ for the debt even if they don't have your current address. Whether they will try to or not is another matter.

The thing is - despite me leaving several phone messages, they have not tried to contact me.

The only debts I can think of that they could have purchased were a dispute with British Gas in 2001 - they never got any money from me (and I always argued that I didn't owe them the money, it was for a 12 month period after I had left the property)

Also a dispute with Barclays from 1996 which was partially paid (the last payment or acknowledgement being around 1998, I had opened a new account with the same branch and they refused to take payments from it automatically ie direct debit / standing order. Letters from a debt collection agency turned up at previous addresses even though the bank had and still has my current address!)

All other debts such as credit cards and loans I pay by direct debit each month. I have not missed any payments in at least 4 years - except when I changed banks and the loan company mistakenly tried to take the money from my old account.

GeorgeUK

Sorry Rabbit, was replying to JD there.

From what you say though, all these debts (unless you already have a CCJ against them) will be statute barred. 6 years after no acknowledgement or last payment was made (5 in Scotland). Even if there was a CCJ, if they have not enforced it within 6 years, they would need to go back to court for permission to enforce it.

jammydodgers_2

GeorgeUK wrote: »

It is possible for them to try to get a CCJ for the debt even if they don't have your current address. Whether they will try to or not is another matter.

Thanks for that George. I just dont know what to do for the best. The debt is 6 years old, should I send them a letter, which one? I paid the outstanding balance to the original creditors in cash. I did speak to them years ago and told them I had paid. They said if the cashier entered my customer number incorrectly, there was no way of tracing it and as it was so long ago, I have no recept or anything.

Has anyone else on the forum had a CCJ from these people if they had had no contact with them and no current address?

How long does a CCJ stay on your credit record?

Thanks folks.

fermi

Just posted this as a separate thread, but worth repeating here.

Link: Aktiv Kapital complaints - OFT targets Aktiv Kapital

More important to complain about their practices than ever it seems.

QUOTE:

The Office of Fair Trading (OFT) has told disgruntled consumers that it is considering taking action against debt buyer Aktiv Kapital over collections practices.

A consumer who wrote to the OFT following a Channel four Dispatches programme on debt collection has posted the regulator’s written response on a consumer forum. The letter said: "As I am sure you can appreciate there are restrictions imposed on the OFT which prohibit us from disclosing details of any action we may take against a licensed trader (Part 9 of the Enterprise Act). This means that we are unable to inform members of the public whether we are taking any direct action against particular traders."

However, the letter went on to detail enforcement action already taken against companies in the sector and said: "More recently the OFT has issued a notice that it is minded to impose requirements on Aktiv Kapital (UK) Limited and associated company Thames Credit Limited. This action is subject to the independent adjudication process."

Industry commentators have expressed concern that the OFT has written to a consumer about actions that have not yet been taken. If the OFT does decide to impose requirements on Aktiv it would still have the right to appeal the decision.

Aktiv’s UK country manager David Sheridan confirmed that the company is going through a review process. ‘‘The OFT has sought assurances around some of our historic policies and procedures. We believe in a customer-centric approach and take pride in meeting or exceeding all regulatory, compliance and industry guidance for the sector we work in. We believe that this should be confirmed through this review.’’

GeorgeUK

JD, a CCJ can stay on your credit file for a minimum of 6 years - longer if requested by the other party which would be until it was paid off.

Who told you that the transaction couldn't be traced? The original creditor?

When you posted previously, you said that it wasn't quite 6 years. Do you know when the last payment you made was? Exactly?

If you are unsure, you could send a subject access request to the original creditor to see the data they hold. This should tell you when the last payment was. If you are going to send any letter to the DCA chasing you, i think for now you should send the "prove it" letter until you know the dates etc

jammydodgers_2

GeorgeUK wrote: »

JD, a CCJ can stay on your credit file for a minimum of 6 years - longer if requested by the other party which would be until it was paid off.

Who told you that the transaction couldn't be traced? The original creditor?

When you posted previously, you said that it wasn't quite 6 years. Do you know when the last payment you made was? Exactly?

If you are unsure, you could send a subject access request to the original creditor to see the data they hold. This should tell you when the last payment was. If you are going to send any letter to the DCA chasing you, i think for now you should send the "prove it" letter until you know the dates etc

Hi George,
Yes, it was the original creditor that said it couldn't be traced, although I know I definately paid it all off.
I think the last payment I made was 6 years ago but I know that a shop assistant from the store I bought from, rang the creditor for me to try and sort it out. Does this count as 'last contact' because that was less than 6 years ago (also wasn't me that spoke to them), or does it have to be written 'contact'?
Thanks so much George....

insideinfo

The Office of Fair Trading (OFT) has told disgruntled consumers that it is considering taking action against debt buyer Aktiv Kapital over collections practices.

A consumer who wrote to the OFT following a Channel four Dispatches programme on debt collection has posted the regulator’s written response on a consumer forum. The letter said: "As I am sure you can appreciate there are restrictions imposed on the OFT which prohibit us from disclosing details of any action we may take against a licensed trader (Part 9 of the Enterprise Act). This means that we are unable to inform members of the public whether we are taking any direct action against particular traders."

However, the letter went on to detail enforcement action already taken against companies in the sector and said: "More recently the OFT has issued a notice that it is minded to impose requirements on Aktiv Kapital (UK) Limited and associated company Thames Credit Limited. This action is subject to the independent adjudication process."

Industry commentators have expressed concern that the OFT has written to a consumer about actions that have not yet been taken. If the OFT does decide to impose requirements on Aktiv it would still have the right to appeal the decision.

Aktiv’s UK country manager David Sheridan confirmed that the company is going through a review process. ‘‘The OFT has sought assurances around some of our historic policies and procedures. We believe in a customer-centric approach and take pride in meeting or exceeding all regulatory, compliance and industry guidance for the sector we work in. We believe that this should be confirmed through this review.’’

GeorgeUK

JD, as the contract is in your name, it is you who must have made contact with them - in writing. If you have not written to them acknowedging the debt for 6 years or made a payment to them in that time, then the debt will be statute barred.

The original creditor would probably be required to keep a note of all transactions for tax purposes. I would have written a letter of complaint at the time. It probably is too late now, but if you are sure that the debt was paid off and that no payment has been made to anyone for this debt in the last 6 years, then you could send the statute barred letter.

If they call again it is probably worth mentioning the fact that the debt is statute barred and see if they give you any other information.

suecurnow

Hi, all I have been reading these threads and I have a problem with Aktiv Kapital. I followed the advice and sent them a letter to say that the debt they were referring to was statute barred as no contact had been made in the last 6 years.

However, they have now replied to me saying that there was a CCJ already registered against me dated 19/11/2003. And asking for my "payment proposals"

I don't know what to do now, as I know I do not owe the money.

I moved abroad in Aug 2002 after selling my house and paid off all store/credit cards etc then. I obviously did not tell the store of my new address as I had cleared my debt and had no need for further contact.

I also arranged, and paid the post office to redirect my mail for 1 year, and did not receive any contact during that time.

Unfortunately I do not have any receipts or proof of payment now as it was all so long ago.

What should I do now?