Aktiv Kapital (UK) - Who Are They?

GeorgeUK

Deleted_User, probably worth sending them the SB letter. They won't be allowed to pursue you after you notify them so the sooner they're gone the better. At least you'll be sure they won't contact you again so no friction with the flatmate.

GeorgeUK

Unholyangel, if you were not in Scotland, then they may have been able to say that you acknowledged the debt was yours but considered it settled. As you are in Scotland this is not an issue thankfully, but the DCA's can be sneaky like that.

You may be able to send a SAR (cost £10) to the original creditor for a copy of all information they hold on you. They are supposed to hold the information for 6 years, but often it is held for longer. So yes, you can contact the original creditor.

Personally, i wouldn't send a SB letter to AK - purely on principal. The original creditor made an agreement with you and have now reneged on that agreement. I would send the SAR to get the information and then send a formal complaint to their head office along with copies of the AK data and the supposed agreement. Inform them they were in breach of the DPA and have now passed this settled debt on to a DCA in breach of your agreement - as they have incorrect data on your this is another breach of the DPA. I would inform them of your intention to report them to the FSA, FOS and ICO. (Hopefully they'd try to compensate you for this 2nd breach)

The only snag would be if they no longer hold your data. If it was one of the large high street banks, their financial records can stretch back 20 years or more but not sure about the correspondence. I guess it depends on whether you are willing to let them get away with it or not. I'd be getting my erse kicking boots laced up and ready for action.

unholyangel

Thanks George. It was Brighthouse UK i made the purchase from - the one and only time i've ever bought something on credit and due to the problems i had with them, i avoid credit like the plague! I must be the only person i know who has never had a credit card lol.

Basically what happened originally was my fault. I forgot to pay it up in advance of me going on holiday long enough to cover until i got home. When i got home i discovered they'd been to my door and spoke with my neighbours, called my friends who had given me references and called my parents.

With all of them they discussed that i was 3 weeks in arrears by x amount, that i gotten x item off them under credit agreement for x amount.

I was absolutely livid. I would understand them passing my details on to other financial bodies if relevant but what possible cause did they have of informing people who know me on a personal basis only? For all they knew my neighbours could have been criminals and they'd just informed them there was something of huge value in my house.

I assume if brighthouse no longer hold the details (apparently Aktiv have "owned" my account since 2007 although this is the first i have heard from them? and no, i havent moved house) then SB would be my 2nd choice?

Seems like i'll have to letter AK anyway as they continue to call me even though i have sent a request - in writing - requesting they contact me only by writing.

GeorgeUK

If brighthouse no longer hold the details, then yes, informing AK of SB status is the best thing to do. When they call, i hope you refuse to answer any security questions.

unholyangel

GeorgeUK wrote: »

If brighthouse no longer hold the details, then yes, informing AK of SB status is the best thing to do. When they call, i hope you refuse to answer any security questions.

I do. I told them as i have no idea who their company are and have not had any dealings with their company, i'm not about to give out or confirm any details what so ever.

milla69

HELP! I've had numerous letters from this company too, for a debt that was paid in full, but it was 8 years ago and I no longer have the reciepts for the payments made. They have been threatening me with court action etc. I must say, I've just put my head in the sand and hoped it would go away, but now I think I should do something. What letter should I send? Would also like to add that the letter is from a solicitor on behalf of AK.
Thanks so much!

GeorgeUK

It is up to them to prove that a debt is owed in the first place.

If you have made no payment towards a debt (if it still exists) or acknowledged it in writing, then the debt will be statute barred. I would write to these 'solicitors' and advise them of this. There are templates on the board for the statute barred letter and also on the national debtline website.

itsnever2lateisit?

Milla

Be careful what you say, and keep it to the minimum facts as george says.Ask them for dates see what they come back with. You are right to write, NEVER phone them, and I hope you get the AK monkey off your back asap

milla69

Thank you, thank you, thank you so much for your help. I will let you know how I get on!
x

Sonny247

Hi guys this is my first post, so here goes.

I had a debt with Time Retail finance LTd which was brought by Aktiv Kapital. I have paid the full balance a few years ago (2008).
I recently checked my credit file and it stated that I had defualted at some point to them. So I was concerned and stated wrote a letter to Aktiv Kapital requesting they remove my default or send me the documents to confrim this. I sent the satuatory £1 fee and folowed the advive on these forums.
I recived a reply from them stating that :
Subsection (3) of section 77 states "subsection (1) does not apply to - (a) an aggreement under which no sum is, or will or may become payable by debtor..."

In other words if I dont owe them anything any more they have no obligation to send me any thing. Also they kept my pound

Question is what can i do to get them to send me documents or remove my default as i cannot remember them sending ot to me.

Many thanks in advance and apologies for any spelling and grammer mistakes.

Sonny247