Aktiv Kapital (UK) - Who Are They?

Sandrared

Sorry should have said that I sent the letter quoting the legislation as per the advice on this forum

GeorgeUK

Sandra, you should probably have a read of this thread - it's a monster, but there is a good chart at the beginning that will let you know exactly what to do next and has all the templates you will need.
https://forums.moneysavingexpert.com/discussion/2305463

In short, after they receive the CCA request, they have 12+2 working days to comply with your legal request for a copy of the cca.
After this, you send them a reminder letter as the debt is now officially in dispute and you can stop payments.

Right now, you just let the clock tick away - and have a look at Niddy's thread

pudgina

On the note of Aktiv..... back in October last year after they sent me a letter I wrote to them with the CCA request (from the very helpful template on here) I did then forget all about it.... until today! I received a copy of my agreement, signed and a statement dated June 04. So what do I do now? I know for a fact my last payment on the debt (which was with a store card) was April 2004... I am just not sure where I go from here, do I dispute the fact they did not get back to me in a timely manner, fake a letter from Nov last year or is the 6 years up or nearly up?
Many Thanks

GeorgeUK

A debt becomes statute barred 6 years after the first missed payment - unless you have made a payment in that time or acknowledged teh debt in writing.

Last payment was April 2004
Statute barred clock starts May 2004
Debt becomes statute barred in May 2010

You did write a letter to them regarding the debt - you sent a CCA request. Although it sounds as though this was sent before the debt became statute barred, you need to check whether this would be an acknowledgement of the debt or not. At the top of the letter, does it state "I acknowledge no debt to your company" or something similar? If so, then this would not be an acknowledgement of the debt and if you have made no payment since May 2004 or written any other letter mentioning the debt, then it will probably be statute barred.

pudgina

Thanks so much for your response!
I did indeed write at the top of the letter that I do not acknowledge this debt, I will just leave it now..... This is the only letter I have sent in the years since i defaulted all those years ago. I have just moved and the letter was sent to what would now be my old address and my maiden name (which I did register at that address) Nothing was ever sent in my married name so hopefully that is the end of it!

Oh how I wish I didn't make mistakes in my youngers years!

Sandrared

I have not had a reply form my request and I have sent them a reminder letter on 1 June 2010.
They have acknowledged my reminder letter with the following:

Thank you for your letter dated 1 June 2010 concerning the above account.
I can confirm we are in the process of obtaining the documentation you requested under the Consumer Credit Act 1974 from the original creditor Egg, as we are not the original creditor and do not hold the original documents requested.
I can confirm your account remains on hold whilst we deal with your request.
I will forward further information upon receipt.

It would seem that they have ignored the contents of the reminder letter!
What do I do now?

GeorgeUK

There's not much more you can do until they start chasing you for payment again.

I'd leave it for now but as soon as they start chasing or actually find a CCA, then let us know.

gonchuk

Hi, sorry another newbie, another Aktiv Kapital victim.

Firstly can I say what a relief finding this thread (and site) has been. I have gone from feeling depressed to elated in the space of two hours - thankyou so much for exposing these chancers for what they are - bullies preying on people who have or have had debts against their names :T .
Ok, so last month I received my first of three letters from AK stating they had 'purchased'a debt from a CC company to the amount of nearly 3k. The letters have started to now take on a slightly threatening nature (they are going to send out a member of their, wait for it, Specialist Collection Team) while giving out mixed mesages (give us your money now / we're here to help). At this point I googled AK and found this thread straight away.

The debt from CC company is legitimate, but I believe it is Statute Barred as it has dissapeared from my Credit File, so the obvious thing is to send the SB letter. However, the confusing thing is is that I am sure the default date was only May 2006, which would make it only 4 years from the default (I'm in England so was assuming it would take 6 years). I won't lie - they never chased it so I was just waiting for the clock to tick down on it.

My questions are - if it has dissapeared off my credit report, can I take it as SB? If not, should I still send the SB letter or should I send the CSA letter? I'm not denying the loan, so it doesn't really make sense to send that. I don't want to pay these guys (AK) if I don't have to, but I have always said, if they (CC Comany) chase me for it, I'll pay it - I have spent nearly 3 years repairing my credit file, so was always prepared for this eventuality. As it's not the CC Company, I don't really want to pay!

Cheers in advance

GeorgeUK

Hi gonchuk, welcome to the forum.

The first thing i would do is get them to prove that the debt they are trying to collect is yours.
There is a 'prove it' letter template on the board somewhere
edit: https://forums.moneysavingexpert.com/discussion/comment/11570893#Comment_11570893
In this i would ask them to provide a copy of the original credit agreement and history of payments. Hopefully from this you could then check whether it was SB or not.

Did you have any other accounts with the credit card company?
If so, you may be able to send a general subject access request (SAR - cost £10). This allows you under the data protection act to a copy of all information they hold on you - this will include payment details and should go back at least 6 years.

If not, then you may be able to check the account you would have made payments to the CC. Would you be able to check the history of this to see what payments were made to the CC and when the last one would have been?

The SB clock starts from when your last payment was, not the default date. The default date should be within 6 months of the last payment but there are some DCA's that just put it on when they purchase the debt - this is against the Data protection act so you may be able to get that date modified if it is incorrect.

~Chameleon~

Alternatively you could just ignore their letters! This is what I've done since receiving my first letter from them exactly 2 years ago. They've sent two lots of letters now but have failed to carry out any threats. If it's what I think it is then the debt is from around 12 years ago!! I certainly haven't defaulted on payments to anyone within the last 8 years so whatever it is will be SB now anyway.