Aktiv Kapital (UK) - Who Are They?

rog2

defib wrote: »

Got a letter from A K 2days ago saying " Account is Statute Barred and No further action to be taken" and statement of account showing ZERO...

It pays to be persistent when standing up for your rights - great result. :T :T

Bella198421

For the past year I have been paying £20.35 a month to Aktiv Kapital for a debt.
We received a letter today from this company saying they have arranged a payment plan with us and the monthly payment of £20.35 is to be received by 30/12/10 . The balance on the account is £53.89 but the letter was dated 22/12/09 and I have made a £20.35 payment since then so it should now be £33.54. I don't get why it says that it is due by the end of 2010, could that be an error. I'll be paying the remainder well before then anyway. The sooner I'm done with this company the better.

Bella198421

I've now cleared the balance on the account :j. I saw that there was a web password on the letter and signed up online and saw the balance was £33.54 and there was an option to pay in full and you get a discount of £6.71 so I paid about £26 and cleared it off. I'm so glad to be rid of this debt and company. The balance is now £0 .

Delusion

Sorry to necro a nearly 6 month old thread, but found this on google and figured its probably better to quickly scribble a post and ask for advice than not. Needless to say i am trawling through the rest of the thread to get some ideas.

Anyhoo's, it never rains but it pours. Its bearly 4 days since I found out from my employer that my job might be at risk of becoming redundant, I got some lovely news from my mother over the phone tonight. Apparently I'm also being chased by Aktiv Kapital First Investment Ltd, or someone working on their behalf.

The letter was recieved at my mothers address (where I havent lived for almost 3 years) and was addressed both to her address, and my previous address before that.

The earlier address I'd moved into in Nov '04 after being homeless for 3 months (long boring story involving a psychotic ex) and i moved from there to my mums after being made redundant before moving again to where I live now.

All the debts I picked up whilst in that earlier address where cleared within 6 months of moving to my mums, despite some incredible stress and nasty close calls.

Since then I've been registered to check my credit rating online to make sure nothing pops up out of the blue, and to help protect myself from ID theft. For the past 4 years at least, in fact, I thought I was completely debt free, and happily managing to keep on top of my one single direct debit for my mobile phone. The fact that you can count the number of checks my credit record has had in that time on one hand (and all instigated by me anyway) probably goes some way to show how careful ive been to avoid getting any place close to a credit agreement of any kind.

Needless to say then I was kind of suprised to hear Id been sent a letter from DWF (www[dot]dwf[dot]co[dot]uk - sorry, spam filter wouldnt let me post the link) regarding my account with Aktiv Kapital for almost £1200.

They've given me a reference number with a 3rd company, CCS ( www [dot] ccscollect [dot] co [dot] uk ) and a contact number to call to make full and final payment by 12/05/10 "or else".

Helpfully, the number provided doesnt work.

My big concern at the moment is that I dont want debt collectors turning up at my mums when ive not lived there in so long.

To my knowledge I don't owe any money anywhere, and havent for a long time now, and all debts post 2004 have been sorted so I dont believe theres any debts I owe which could be claimed legally anyway. The addresses they've got are correct, and my name is unusual enough that they're unlikely to have gotten my details mixed up.

Obviously I am kinda worried that I've been ID thefted by someone at my earlier address as it wasn't the nicest place in the world by any means

Whilst I want to get this thing sorted, at least to the extent that my mother doesnt have to worry about who is knocking at the door, I really dont want to have to give these people any current contact information for myself, just so that they can harrass me over some money I don't even owe :S

Needless to say, my bad week keeps on getting worse, so any advice or idea's are more than welcome.

Sorry for the marathon post...

GeorgeUK

First you need to find out if the debt is yours and when the last payment you made towards it was.

If you have made no payment towards the debt for 6 years (5 in Scotland), then the debt may be statute barred. If this is the case, there are template letters on the board stating that the debt is statute barred and is therefore unenforcable.

Right now though, i would send the 'prove it' letter. They are required to prove that you owe the debt and should do so before you arrange any payment plan. Also only deal with them in writing - do not phone them (or at least make sure your number is withheld).
https://forums.moneysavingexpert.com/discussion/comment/11570893#Comment_11570893

old_yin_2

i am in the same situation as you weegie, i firstly recieved my letters from thames credit of a debt from time finance(comet store card) about 2 years ago now, i did remember the debt, and i think i stupidly admited it was mine on the phone when i made arrangments for payments. the account was passed onto aktiv about a year ago, the debt was for around £1500 and i agreed to pay thames £20 per month. 6 months after they it got moved to aktiv they increased the payments to £25 without my consent. i had just noticed this site when i was goin to try and check the status of my account with aktiv. reading all of these comments and such have made me think twice about making anymore payments! the debt was over 6 years old, i live in scotland, can anybody give me advice about what i should do? im sure i did ask them for some proff of original agrement but i got nothing. if anyone can help that would be great im in two minds, would stopping payments effect my credit score?

GeorgeUK

When did you stop paying originally?
If 5 years passed without you making payment towards the debt, then it is probably statute barred. Acknowledging the debt on the phone doesn't matter - only in writing.

As the debt has been sold on to a DCA, you probably already have a default against this account. By all means you vcould send the 'prove it' letter to make sure this is your debt and that they have proof of this. You could also try to see if the credit agreement is enforcable (if the account was taken out before 6th April 2007).

old_yin_2

between 2002 and 2003 must have been the last payment made to the original account, i have just checked my credit report for the first time ever there and there is nothing outstanding on it! the only thing that i dont reconize is under the credit search section, were a group called wescott services, made two searches in 2009 for somthing! ive have no memory of applying for anything at that time!

ps what does it mean if the debt was taken out before april 2007(does that mean if 5 year period of statue barred finished or like when it comes off my credit report?

you must forgive me, this is the first time i have actaully started looking any of this gargon up, im a bit clueless to any loopholes or legal acts etc

cheers

GeorgeUK

Sorry old yin, looks like i might be confusing you a little - i've got a habit of doing that.

If there was a period of 5 years where no payment was made and you did not acknowledge the debt in writing, then the debt is probably statute barred.

example:
Feb 2003 last payment made
Feb 2008 debt becomes statute barred
If any payment is made after this date, the status of the debt does not change - it is still statute barred
March 2008 payment made - debt is statute barred.

BUT

Feb 2003 last payment made
Jan 2008 payment made
Debt is not statute barred as 5 years have not passed
(5 years in Scotland, 6 in England)

The April 2007 thing is something different and you don't need to worry about that right now. It was to see if the credit agreement was properly executed, but going down this road usually damages your credit score. (That said, the account is no longer on your credit file so couldn't do any damage).

Right now you need to find out when the last payment you made towards the account originally was and then when you started making payments again. If the difference between these 2 dates is more than 5 years then you should be claiming that the debt is statute barred.

old_yin_2

Thanks for the reply george

my first contact letter from the company was in dec of 07, witch does not make me 100% sure of the 5 year gap! With looking over other blogs on this forum, mostly your replys to other people! im considering sending the proof it letter, witch asks for a copy of the original agreement to be sent out to see were that takes me!. i have also just started paying an agreement with the macenziehall group( who i now no that they are on the bogus debt collecter list with aktiv) sending them one to! would u recomend that? is that my next path to follow? and should i stop my d/debits with them asap(changing my bank account at the same time so that they cannot attempt to take anymore out?) or wait on a reply for proof of agreement from them first?

thanks again for any help this forum has opened my very sleepy eyes to these con artists!!!