Aktiv Kapital (UK) - Who Are They?

wannafreeze

Hi, we received a letter on the 09/07/10 by akitiv kapital stating that, they have an account for mr. X with an outstanding balance of 13,577 and have found our address through public database and therefore they belive that we are their customer and the address is the correct address. But if we do not belive we are the account holder then I need to tell them.
Do I even need to bother getting in touch with these people as they haven't even been able to confirm an identity?

GeorgeUK

Sonny, if you had a debt and missed payments, then they were entitled to put a default on your credit file - even if you later paid the full amount off. This will stay on your file for 6 years. You should have received a default notice which gives you some time to pay off the debt before the default goes on your file, but it is very difficult to get these removed.

I don't know much about defaults, but if you really want to try to get a copy of any default notice, then i suppose you could send a subject access request (cost £10). Under the Data Protection Act, you are entitled to see a copy of all the data an organisation holds on you. They have 40 days to supply this. If a default notice is not included in what they send then that may mean one was never sent. Getting the default removed though will still be very difficult.

wannafreeze, you do not need to inform them - there is no legal obligation or anything like that. If you ever do contact them by phone, make sure you withhold your number or they may keep calling you.

wannafreeze

Thanx George, as you said I'm not going to contact them, just going to wait and see what else they're going to come up with.

furryfeet1690

wannafreeze wrote: »

Hi, we received a letter on the 09/07/10 by akitiv kapital stating that, they have an account for mr. X with an outstanding balance of 13,577 and have found our address through public database and therefore they belive that we are their customer and the address is the correct address. But if we do not belive we are the account holder then I need to tell them.
Do I even need to bother getting in touch with these people as they haven't even been able to confirm an identity?

wannafreeze, i received exactly the same letter from them stating that i owe £700. The debt could possibly be from when i lived with my ex girlfriend over 8 years ago. It was that long ago i cant remember. However, I had contact from them about 2 years ago chasing for the same amount so i called them (number withheld) and told them that i have no idea where they got their information from but they were chasing the wrong person for the money. They said they would go back and check their records......that was 2 years ago.

I think they are chancing their arm.

GeHe

In 2002, I changed address and cancelled a direct debit on the same day. Lloyd's didn't do either and carried on charging me for going over my o/d limit and the unsatisfied DD payments sending letters to my old address. NB: this wasn't my current account and was simply being used to pay a few things off with the odd transfer of funds.

Several months later they got in-touch with me via my mobile informing me of the debt. I told them I was disgusted, upset and horrifed all melo-dramatic and basically accsuing them of doing this deliberately. We agreed that I'd settle by card and I paid £120 to close the whole matter. I've always assumed it was written off after my payment, I receievd no further correspondence, calls etc... .

This morning a letter from Aktiv Kapital arrived telling me the outstanding balance was a shade over £1,750.

Do I simply send off the template letter informing them it was over 6 years ago and it is statute barred?

Bit of a shock to put it lightly!

Thanks in advance for any help

GeorgeUK

GeHe - yes. If you have made no payment towards the debt for 6 years and not made any WRITTEN acknowledgement of the debt in that time, it will be statute barred. You can just send that letter.

The debt will still exist, but it cannot be enforced. This means that if anyone tried to take you to court, your defence would be that it is statute barred. Once you notify them you do not intend to pay, they no longer have a right to pursue you, but may sell the debt on. Just keep sending the statute barred letter.

GeHe

GeorgeUK, thank you very much. That's a big relief, bit of a shocker opening that letter but am a lot calmer now thanks to the advice

jase1971_2

GeHe wrote: »

In 2002, I changed address and cancelled a direct debit on the same day. Lloyd's didn't do either and carried on charging me for going over my o/d limit and the unsatisfied DD payments sending letters to my old address. NB: this wasn't my current account and was simply being used to pay a few things off with the odd transfer of funds.

Several months later they got in-touch with me via my mobile informing me of the debt. I told them I was disgusted, upset and horrifed all melo-dramatic and basically accsuing them of doing this deliberately. We agreed that I'd settle by card and I paid £120 to close the whole matter. I've always assumed it was written off after my payment, I receievd no further correspondence, calls etc... .

This morning a letter from Aktiv Kapital arrived telling me the outstanding balance was a shade over £1,750.

Do I simply send off the template letter informing them it was over 6 years ago and it is statute barred?

Bit of a shock to put it lightly!

Thanks in advance for any help

Yes just a template letter stating it is statue barred, I did it and i worked for me, I found national debt line helpful as the sent me a template letter tel: 0808 808 4000 nationadebtline .co.uk
although they do not have to write the debt off, they cannot chase you for it, nor can they take any court action against you. make sure they have not already issued you with a ccj, as they are then able to still chase the debt. Good luck. Jason

FTW

GeHe wrote: »

In 2002, I changed address and cancelled a direct debit on the same day. Lloyd's didn't do either and carried on charging me for going over my o/d limit and the unsatisfied DD payments sending letters to my old address. NB: this wasn't my current account and was simply being used to pay a few things off with the odd transfer of funds.

Several months later they got in-touch with me via my mobile informing me of the debt. I told them I was disgusted, upset and horrifed all melo-dramatic and basically accsuing them of doing this deliberately. We agreed that I'd settle by card and I paid £120 to close the whole matter. I've always assumed it was written off after my payment, I receievd no further correspondence, calls etc... .

This morning a letter from Aktiv Kapital arrived telling me the outstanding balance was a shade over £1,750.

Do I simply send off the template letter informing them it was over 6 years ago and it is statute barred?

Bit of a shock to put it lightly!

Thanks in advance for any help

Yes, it's definitely statute barred going by what you've said, so the statute barred letter is the way to go.

Then, it's up to whoever's collecting to prove that it's not SB -never let anyone tell you that it's up to you to prove that it is SB.

However, it's possible that collection activity continues after you send that letter and you have confirmation that they got it (send it recorded delivery, WITHOUT you signing the letter).

If that happens, then report whoever it is AND Lloyds to the Office of Fair Trading and Consumer Direct.

mr.ton

wannafreeze wrote: »

Hi, we received a letter on the 09/07/10 by akitiv kapital stating that, they have an account for mr. X with an outstanding balance of 13,577 and have found our address through public database and therefore they belive that we are their customer and the address is the correct address. But if we do not belive we are the account holder then I need to tell them.
Do I even need to bother getting in touch with these people as they haven't even been able to confirm an identity?

You dont need to tell these clowns anything other than to get lost.
They have no legal power whatsoever to any money off you, only a county court does.