Aktiv Kapital (UK) - Who Are They?

enraged1986

Could you tell me what I should do to get my bad credit rating (Aktiv Kapital) removed from Experian as I cannot get a bank account because of this. I have just left university and need a bank account.

fermi

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/credit_explained_leaflet_2005.pdf

Page 19 onwards deals with what to do if there is incorrect info on your credit report.

enraged1986

At last some help to deal with Aktiv Kapital. What can I do to have my bad credit rating (Experian) changed as a result of this company.

gonchuk

GeorgeUK wrote: »

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.

Hi GeorgeUK, hope you don't mind pestering you again on this - it had all gone quiet so I assumed they had left me alone! Wrong!

I have just checked my credit report and they have put a default against me (as Aktiv Kapital) for the satisfied credit card. It does show the default date as June 2006 so it's not the end of the world, but can they actually do this if they haven't been able to produce a valid CCA etc?

I am no worse than I was before they 'purchased' the debt of the CC company but is there anything I can do to get it removed? Surely they can't do this?

Sorry to ressurect an old conversation, but you really were a help to me before

GeorgeUK

Gonchuk, unfortunately getting a default removed is extremely difficult. Right now, there is no incentive for the company to remove it so unless you were able to force their hand, they probably wouldn't do so.

The only way i can see you being able to get the default removed is if they have not complied with the legislation. They should have issued you with a default notice before putting the default on your credit file. This is a legal document which they are required to issue you with which gives you 14 days in which to "remedy the breach". Sometimes this letter is not sent or they do not allow for the 14 days - it is 14 days from receipt of the letter that they should give you but sometimes they only give 14 days from the date the letter was issued.

You can try to fight it, but as i said, it can be very difficult to get anywhere with these. You may need to prove that the default is inaccurate and you may also need to take them to court to get it removed. They may remove it if you send threatening letters (as they would) but you need to check sections 88 & 89 of the CCA74

gonchuk

GeorgeUK wrote: »

Gonchuk, unfortunately getting a default removed is extremely difficult. Right now, there is no incentive for the company to remove it so unless you were able to force their hand, they probably wouldn't do so.

The only way i can see you being able to get the default removed is if they have not complied with the legislation. They should have issued you with a default notice before putting the default on your credit file. This is a legal document which they are required to issue you with which gives you 14 days in which to "remedy the breach". Sometimes this letter is not sent or they do not allow for the 14 days - it is 14 days from receipt of the letter that they should give you but sometimes they only give 14 days from the date the letter was issued.

You can try to fight it, but as i said, it can be very difficult to get anywhere with these. You may need to prove that the default is inaccurate and you may also need to take them to court to get it removed. They may remove it if you send threatening letters (as they would) but you need to check sections 88 & 89 of the CCA74

Cheers GeorgeUK, I think I'm going to go at them all guns blazing. After all they haven't been able to provide a CCA despite my requests. This is what I am going to send (I've borrowed from various templates). Do you think this is OTT?


Formal Notice – Account In Dispute

Dear Sir / Madam

RE:- Customer Reference Number <REF NUMBER>

On 25th June 2010 I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. This was signed for as delivered on the 28th June 2010.

You responded with a letter dated 29th June stating the ‘account was on hold and has been removed from the collection process whilst we await the requested information’.Unfortunately you failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account. It is to my further dismay that I notice you have placed a default notice against the alleged account without notifying me first - this contravenes Sections 88 and 89 of CCA (1974)

The document that you were obliged to send me was a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA (1974) and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you were also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore, you should be aware that the Consumer Credit Act allowed 12 (+2) working days for a request for a true copy of a credit agreement to be carried out before you enter into a default situation. This limit expired on 15th July 2010 and as such, as you are no doubt aware, section 77 (6) of the Consumer Credit Act state:
“If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement. Therefore this account has become unenforceable at law”

As you have failed to comply with a lawful request for a true copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested, any legal action you pursue will be averred as both unlawful and vexatious. Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

You may also consider this letter as a statutory notice under Section 10 of the Data Protection Act (1998) to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your internal records and, most importantly, from my records with any credit reference agencies.

Should you refuse to comply, you must, within 30 days, provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state you have a ‘legal right; you must outline your reasoning on this matter and state upon which legislation this reasoning depends. Should you not respond within 30 days I will assume this means you agree to remove all such data.

You should also be aware of the OFT guidelines on debt collection which state under the title Deceptive and/or unfair methods:
2.8 Examples of unfair practices are as follows:
(i) - 'Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued'
(k) - 'Not ceasing collection activity whilst investigating a reasonable queried or disputed debt'

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 30 days from receiving this letter to contact me, in writing, with your intentions to resolve this matter which is now a formal complaint. I would appreciate your due diligence in this matter.

I look forward to hearing from you, in writing.


Yours faithfully


<DIGITAL NAME>

marwood1975

fermi wrote: »

So you paid this off in 1999?

When did you last make a payment towards this or acknowledge the debt in writing? Has there been a period of six years or over during which you haven't done that?

I paid this off in 2007 via Credit Solutions after they contacted me in '03 and informed Aktiv Kapital of this and sent them a copy of the proof from them it was now paid. However, they still say that they have no record of it being paid to the original creditors and I'm at a loss as to what to do know. Shall I request they copies of the original loan or now leave it and let them to the leg work?

FTW

enraged1986 wrote: »

Could you tell me what I should do to get my bad credit rating (Aktiv Kapital) removed from Experian as I cannot get a bank account because of this. I have just left university and need a bank account.

If the data they've logged is incorrect, you could have a case for defamation.

Whoever refuses to remove that information, tell them that if the information isn't rectified, then you'll be seeking legal advice with a view to damages.

There are cases of people doing this, and winning. Ask Lowell.

FTW

marwood1975 wrote: »

I paid this off in 2007 via Credit Solutions after they contacted me in '03 and informed Aktiv Kapital of this and sent them a copy of the proof from them it was now paid. However, they still say that they have no record of it being paid to the original creditors and I'm at a loss as to what to do know. Shall I request they copies of the original loan or now leave it and let them to the leg work?

If AK have no record of this, then that's their problem. You've done more than enough - forwarding them proof of anything was more than you needed to do.

It's paid - end of.

If they were to take you to court, and you have proof that this was already paid, they'd look very, very stupid.

Phinic

My husband has today recieved a letter from aktiv kapital for a debt from lloyds tsb for £10,277 of which he knows nothing about!

We think he had one a few months back and he called them telling him he knew nothing about it, didnt know when the debt from and had never had any debts this size. They told him the address it was taken out at and he had never lived there but had lived in the area and they said they would ammend their records. From reading some of the posts calling them (if he it was this company) was definatly the wrong thing to do.

So can you guys please tell me what he should do?? This is not the first time my husband has had letters like this but it is really starting to get to us both now.