Aktiv Kapital (UK) - Who Are They?

gogetum

HI and thanks!

The last payment was made in March 2004(Sorry Error) so it is still uner the 6 year SB. AK placed the Default on it in March 2007. NEVER sending me any notice letter.

The letter i recieved from them on asking for this notice was an introductory letter...Addressed to a location i had left over 4 years ago.

Hell has no fury etc the money was completely drained and the account has been closed for over 5 years now.

Looking on Equifax now, the last payment was received and marked as S(settled) march 04. Subsequently passed on to collectors without my knowing...

just looking in on the whole case, my only hope here is that they issued the Default wrongly??? But getting them to admit it is another thing..

Best

gogetum

George,

On thing that i was unaware of is that the account is marked as Settled with M&S on March 04.....so if that is the case, would March 2010 be the actual time it would dissapear off of the Credit ref? I know it wont just happen but not sure who the H i have to contact to make them aware of breaches as they havent even replied to a simple request for the original Default letter.

mmmm

GeorgeUK

Not sure why the credit file would say settled March 04 - they sometimes mark a file as settled once it gets sold on to a 3rd party. Where did you get the information that the last payment made was March 2006?

gogetum

On my Equifax and Experian file -

M&S

Last payment recieved and settled (S) March 2004

New account created by Olympia Capital/thames credit Ltd (trading under AK i guess) the ref number is the same -

March 2007 D
April 2007 S

To me, the dates dont add up!! Why would they place it on there??

GeorgeUK

If this is all you have to go on as to when the last payment made was, i would definately send a SAR to M&S. This will show you all the transactions and when the actual default took place (when you stopped paying).

Once you have this information, you can force AK to amend your credit file and also contact the credit reference agency to put a note on your credit file that the date for the default is incorrect (which i think it will be).

If the actual default date was March 2004, then the default should have dropped off your file in March 2010.

GeorgeUK

There are some things that don't add up here so it would definately be worth getting the actual figures and dates.

Are you sure that the debt you paid to AK was yours or could it have been someone elses? Did they supply proof that this was a debt you owed?

Could it have been a mix-up by M&S where they didn't take your debt off their system and sold it after full payment had been made by ex?

Either way those dates definately need sorted out and AK should amend their records and notify all the CRA's of the actual date of default.

gogetum

It doesnt make sence as i never recieved any Default notice from M&S neither AK!!

At the time, my biggest priority was to clear it as the mortgage criteria was(and think still is) 3 years from default settled...

Which looking at it, i settled in February this year.

Status - Settled
Date Updated - 24/02/2009
Start date - 05/04/2004
Date last delinquent - 04/07
date satisfied - 07/05/2007
Default/Deliquent balance - £3,027

I paid BCW £3216.63.......As demanded.

Urrrgghh

GeorgeUK

First you need to see what happened to the debt when it was with M&S.
The SAR will provide you with the transaction details and also any documentation - this should let you see if there was anything in the T&C that allowed a 3rd party to apply interest or charges. If there isn't something specifically stating this then your agreement was soley with M&S so only they could have applied charges.

You may be able to claim back any penalty charges applied by M&S, but if anyone else has added their own charges, you have probably never signed anything to agree to this so you should not have had to pay and i would reclaim.

Bella198421

I need to write a letter to this company asking for the balance of an account because we can't phone them (debt is in dad's name but he doesn't know about it and they won't speak to anyone else on the phone). What should I write? We have been paying it off at £20.35 a month but are coming to the end of it but want to be sure of the balance and not keep paying them the money. They sent a letter at the start giving us a discount but after they sent another letter and the discount hadn't been applied to the balance so we've been paying off the original balance. I don't want to give this company anymore money than I have to.

GeorgeUK

What was the debt for? If it was something covered by the Consumer Credit Act, you should get an annual statement.

Personally, i would write to them requesting a note of the outstanding balance and statement of account.

If they won't give it to you, you could send a subject access request (SAR - cost £10) which under the Data Protection Act allows you to a copy of all the data they hold on you - including all transactions.