Aktiv Kapital (UK) - Who Are They?

FTW

Phinic wrote: »

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.

They're phishing.

Most likely someone else with the same name as him, and they'll have phoned round every number with the same name that's listed in the local phone book.

Ignore for now.

If they persist, post again and we'll take it from there.

Phinic

Thank you FTW. I will be back for advise if they come back again.

marwood1975

FTW wrote: »

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.

Just got a letter yesterday, been about 3 weeks, telling me of their fab purple deals offering me a reduced payment, apparently they sent me the letter as they have had trouble getting hold of me..... funny that! Now what do I do, as reported earlier this was paid a few years ago, AK say that there is no record of this debt being paid depsite it being done through credit solutions, again proof sent.
Any advice would be helpful.

gonchuk

Hi everyone, I was hoping to get a bit more advice with regards to my ongoing situation with AK. A bit of history so far:

1. In May of this year I started receiving letters from AK stating they had 'purchased' a debt from a CC company to the amount of nearly 3k. I am not going to deny the debt is not valid, it is. I defaulted on this debt in 2006, but did not hear anything so was counting down the years until it was SB. Unfortunately AK seem to have bought the debt. At the same time they purchased the debt, the default disappeared from Experian and was marked as satisfied on Equifax. Strange!

2. Nevertheless I sent them a 'prove it' letter on the 25th June, making sure I didn't acknowledge the debt. I figured that they wouldn't have the CCA

3. I received a reply on the 29th stating: Although we purchased the right to recover the outstanding 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.
It looks like they didn't have the documentation, and their grammar is terrible!

4. I meant to send a CCA 12 + 2 letter saying the account was in dispute, but life got in the way and I forgot about the situation until I checked my Credit score on the 6th October and saw that a default in their name was on Experian and Equifax with the same details as the CC (the default date was 2006). I sent off a letter, which is basically an CCA 12+2 , account in dispute letter with a little bit 'extra' (I gave them 30 days to remove my details from their internal records and credit files with credit reference agencies). The underlying tone of the letter was that they had had their time to provide the docs, anything else done after this time would be unlawful.

5. They then sent me another letter saying the account was still on hold, pretty much the same as the above letter. I was just about to reply with a threatening letter (OFT / lawyers etc) when I received (today, 28th October) a signed 2 page photocopy of the CCA dated 2002, plus the accompanying agreement small print documents. Damn. The accompanying letter went along the lines of 'your account was on hold but now we have produced the docs, it's time to pay up'.

Ok, so here are my questions:

1. Can they actually do this? They have taken nearly 3 months to produce the paperwork, surely as that's past the 12+2 days deadline and the fact that I sent a letter stating that any further actions would be unlawful, what they are doing is against the law? Am I in a position to fight this?

2. They kept saying that my account was 'on hold'. Surely if this was the case, how did they manage to put a default against my name?

I have never denied the debt, and have always maintained that if the CC caught up with me, I would repay it. I just don't want to pay these bullying guys if I can help it - looking at the length of this thread I'm not the only one who has a feeling of animosity to AK!

Any advice would be greatly appreciated, as always.

gonchuk

Further to my above post, I have noted they haven't sent a statement of account or a notice of default. Without this, surely I can dispute the debt / default still? I don't really know where I stand, so I want to make sure my next move is the right one! (It's almost like a game of chess with these guys )

FTW

marwood1975 wrote: »

Just got a letter yesterday, been about 3 weeks, telling me of their fab purple deals offering me a reduced payment, apparently they sent me the letter as they have had trouble getting hold of me..... funny that! Now what do I do, as reported earlier this was paid a few years ago, AK say that there is no record of this debt being paid depsite it being done through credit solutions, again proof sent.
Any advice would be helpful.

'The deals'? Are AK still offering that tat?

I would have thought that the ripples of laughter on online forums might have reverberated at their HQ, but obviously not.

If it's paid, nothing to worry about - ignore them completely.

It's not for you to prove it's paid - it's for them to prove it's owed.

They'd look pretty stupid if they took you to court (won't happen), and you produced proof that it was paid off.

They'd also be stupid if they registered a default on an already-paid debt - that would constitute defamation on their part, for which you can then sue them.

FTW

gonchuk wrote: »

Further to my above post, I have noted they haven't sent a statement of account or a notice of default. Without this, surely I can dispute the debt / default still? I don't really know where I stand, so I want to make sure my next move is the right one! (It's almost like a game of chess with these guys )

If you asked for all that within your CCA request, then yes.

They are also supposed to send out a statement of account with a CCA request, so technically, they have not completed the request you made.

Also, if AK have 'bought' the debt, then they should at some point have sent you a Notice of Assignment.

What you should do is :-

1) Scan up the CCA (but it's essential to remove all reference numbers, barcodes and any details that can personally identify you), using something like Photobucket.

2) Create a new thread, asking the question 'Is my CCA legally enforceable'.

3) Sit back and wait for advice.

GeorgeUK

Have you looked at the CCA to ensure all the required terms are there and it's not a copy of the application form?

Phinic

FTW wrote: »

They're phishing.

Most likely someone else with the same name as him, and they'll have phoned round every number with the same name that's listed in the local phone book.

Ignore for now.

If they persist, post again and we'll take it from there.

Hi, My husband had a letter offering a reduced payment of 35% the other day. Do we still wait for a further letter or do something now?

GeorgeUK

Phinic

Do you know if this debt is yours?
If it is, when was the last time you made a payment towards it?