Aktiv Kapital (UK) - Who Are They?

[Deleted User]

OK, heres my bit, on Saturday I got one of these letters from Aktiv saying that they have bought my debt from Barclay's for the amount of £4k. Now the name on the letter is mine BUT they used my middle name. Which is odd really as I don't use it much. Its on my NHS card, my birth certificate and on my NI card but its not anywhere else. Not on my driving licence, passport, current bank account, Barclaycard (which I will come to in a mo) and everything else.

I did have a Barclay's bank account in 1995, and I did get a CDL in 1995 but I never got a job long enough to pay it back and the bank manager closed my account. Then various things went on in my life that made me move to another city and that's that. And that's where the Barclaycard comes in. I think I did use it on the bank account (I cant honestly remember) and I have had my Barclaycard for 3 months. I have been on the electoral roll for the past 6 years, I have been at my new address for the past 2 years, my previous address for 5 years and then all of a sudden this crops up just 3 months after I get the card. Call me a cynic but these clowns and Barclay's seem to be in cahoots.

The debt is statute barred as it was over 6 yrs ago so I am not that concerned. What I am concerned about is the fact that I have not used my middle name for years is pointing to someone in Barclay's giving out my information. When I applied for the Barclaycard they asked for my payslip which has my NI number on it, the CDL application would have my NI number on it too so it wouldn't take a genius to put 2 and 2 together.

And this is where the crux of the matter is. Can Barclay's pass on information on a debt that is over 6 years old, knowing full well that it would be statute barred, to a company that may have bought my debt sometime in the past? If not is there any way that I can prove that this has happened?(long shot I know) Should I go to the Information Commissioner and the OFT? Because its far too coincidental.

Your thoughts please.

gonchuk

GeorgeUK wrote: »

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:
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.

Cheers for your advice, GeorgeUK. I sent a 'Prove It' letter rather than an SB, primarliy because although the debt had disappeared from Experian, it was still on Equifax, but had been marked as settled last month (I'm assuming this was when AK 'purchased' the debt. It did show the default date as May 2006 but didn't show the last payment date, so I have to assume the debt may still be valid, albeit with AK).

I sent the letter recorded with a £1 PO on Fri 25/6 and received this reply (letter dated 29/6):

We write further to the above matter, and your request for documenation/further information regarding your agreement with the above named Creditor under Sections 77 to 79 of the CCA.

Although we purchased the right to recover the oustanding balance due under the agreement, as we are not the original creditor we do not hold the original documentation in this matter.

In order to obtain this, we will contact the original creditor, as we do wish to provide the information that you require, in accordance with the CCA 1974, in an effort to resolve this matter.

Whilst we endeavour to obtain documents within the prescribed time scales, due to the fact that we have to try to obtain documents from the original creditor we may be unable to do so, your account is on hold and has been removed from the collection process whilst we await the requested information. (The punctuation is terrible in this last paragraph)

Now I read this as they are trying to buy some time from me as they haven't got the documents. Surely if they purchase the debt, they must have the documents? The 12+2 clock is still ticking regardless of the fact 'my account is on hold and has been removed from the collection process'?

GeorgeUK

Gonchuk, what letter did you send them?
This does not sound like the 'prove it' letter - more a CCA request. Did you put at the top of that letter "I do not acknowledge any debt to you or any company you represent" or something similar?

Mazzy, i can't see there is any way of proving that Barclays passed on information after they sold the debt. I wouldn't bother with it and just keep telling companies that try to collect on this debt that it is SB.

gonchuk

GeorgeUK wrote: »

Gonchuk, what letter did you send them?
This does not sound like the 'prove it' letter - more a CCA request. Did you put at the top of that letter "I do not acknowledge any debt to you or any company you represent" or something similar?

Mazzy, i can't see there is any way of proving that Barclays passed on information after they sold the debt. I wouldn't bother with it and just keep telling companies that try to collect on this debt that it is SB.

Ahh, it looks like I have used the CCA template (as I thought that was what 'proving it' meant). This is basically what I sent:

I do not acknowledge ANY debt to you company.

With regards to the above reference number, I would be grateful if you could send me the following documentation:

1 A true copy of the original credit agreement
2 A statement of account
3 a signed true copy of the deed of assignment

I understand that under the CCA 1974 (Sections 77-79) I am entitled to receive a copy of the documentation on request.

I enclose a PO payment of £1.00 which represents the fee payable under the CCA

I understand a copy of my credit agreement must be supplied within 12 working days.

I understand that under the CCA, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under the sections of the act.

Yours faithfully

Name typed (not signed)

Was this a mistake? I haven't admitted the debt and am asking them to prove it. Hope I haven't screwed up

GeorgeUK

No, you haven't screwed up, was just concerned that you may have acknowledged the debt. As long as you state that the letter is not an acknowledgement then you should be okay. You could have saved £1 though if you sent the letter that is shown first when you click that link.

If you defaulted in May 2006, the debt will become statute barred in May 2012. The default date on your credit file is not always accurate though (and should be to comply with the Data Protection Act). If you can find out when you last made a payment towards the debt, that would be great, otherwise you may need to sit it out until May 2012. If they do not produce a properly executed CCA before then, the debt will become statute barred.

To be properly executed, the CCA must have certain terms in it for it to be legally enforcable. There are a few banks that have issued CCA's that are not legally enforcable even though they produced the original signed agreement. Courts are instructed by the legislation not to enforce these agreements so although the debt would exist (like it would if statute barred), they cannot take you to court or do any more than ask you to make payments.

I guess we'll see what the come up with, but nothing wrong with what you have done.

I would have sent the prove it letter, hoping they provide a copy of a statement so i could see when the last payment was - and then hit them with a CCA request. You've just skipped ahead a little - i would have preferred to waste a little more time first, but it's no biggie.

Let us know what happens.

gonchuk

Cheers GeorgeUK, that's a bit of a relief - I really appreciate your advise. I had the Standard Template letters thread bookmarked so I assumed I knew the correct template - should have clicked the link !

I've looked on Equifax and the last payment was May 2006 and they defaulted me in June 2006 (I had a history of missed payments back in the 'bad' days, so they defaulted me quite quickly) so it looks like the SB won't come into effect May / June 2012.

So just to make sure I'm right on this..

1 If they don't provide the data after 12+2 days, the debt is no longer enforcable anyway, so I hit them with an account in dispute letter (CCA 12 + 2 days letter I believe) and just sit it out until the debt is SB.

2 If they provide a CCA, but it is not legally enforcable the above applies.

3 If they provide a valid CCA, it looks like I bite the bullet and pay up whatever they offer. Question is can they still put a default against me, now they own the debt and if it is proven valid?

Sorry to keep pestering you, I just want to make sure I know exactly where I stand!

GeorgeUK

Gonchuk, if you were being a pest, i wouldn't reply

But since you asked...

1 - Correct.

2 - Correct.

3 - If they provide a valid CCA, they need to get you to pay before the debt becomes SB. If you don't make a payment and they don't get a CCJ before the SB date, then the debt becomes SB, even though the CCA may have been properly executed.

There can only be one default per debt. If the default is listed as June 2006 then this is the best possible scenario (other than not having a default). The default date they put on your credit file can be up to 6 months after you actually defaulted and stopped paying. This date is the first month you missed a payment.

gonchuk

Wait till I've asked you 50 questions before you decide if I'm a pest or not

Seriously though, thanks for the advice, my heads in a much better place now

I will keep the thread updated to let you know how I get on..fingers crossed!

[Deleted User]

Thanks for the reply GeorgeUK, just feels a bit fishy that's all.

Anyway I got a new letter from AK, saying if I pay they will knock 35% off. Wow. Generous. Smacks a bit of desperation. Also it had some flannel about it may harm my credit rating if I don't pay.

Should I write to them with the SB letter? I have not contacted anyone for any debts since 2000 so there's no problem there.

Its not that I am concerned too much about it but as I am flat sharing my flat mate may be none too impressed if some gorilla from a DCA comes a knocking.

unholyangel

I've recently just been contacted by them. I had a "debt" of a credit agreement that was written off as part of an agreement with a company after they breached DPA and discussed my personal account details with family, friends and even my neighbours. The understanding was that i wouldnt persue the matter further and they would clear off the remaining balance.

That was that, never heard from them again after receiving confirmation of the "settlement".

Now Aktiv Kapital are contacting me regarding monies i apparently owe to this company. I asked them to provide proof and all they have provided me with are dates the account was passed to them, the last payment made and the date the account was opened. What i noticed immediately is that the dates are not the same.

Although i no longer have the original paperwork myself (as nearly 8 years has passed, i actually threw it all out at the start of this year - sods law) i know i opened the account in 2002. The last payment i made was 2004.

They have the account opening 2004 and last payment February 2005. I assume i can either a) declare it as statute barred (i'm in scotland) or b)ask them to provide a copy of the original CCA?

I dont have the letter confirming settlement (as i said i stupidly thought it was no longer needed and threw it out along with everything else) and Aktiv Kapital have said i have to communicate with them only, that i cannot contact the original provider regarding this matter (and possibly get settlement confirmation) because they are now the legal owners of this "debt".

I've also asked them only to contact me via snail mail and since then they have called my mobile (dont know where they got the number) several times.

While i have said in email that the account was settled, why it was settled and as far as i am concerned, there is no debt...........could they take that as acknowledging i owe the debt or is it irrelevant seeing as more than 5 years has passed from the last payment?