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Aktiv Kapital (UK) - Who Are They?

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  • FTW
    FTW Posts: 8,682 Forumite
    babyboono1 wrote: »
    I've recently had dealings with these people and sent them out the stautute barred letter 4 times and no response form them today i recieved a letter from CCS stating they were going to send someone round to discuss the debt or take me to court i found the email addy for Aktiv and stated i had sent the letter numerous times and they had failed to reply why were they now getting ccs to threaten me? i also attached the letter to the email that i had sent in the post. within 3 hours i had the following back
    Thank you for your email.

    We refer to your recent letter regarding the above referenced account.

    We have investigated the issues raised in your letter, and can confirm that legal action on this account would be statute barred under the Limitations Period. We have therefore taken the decision not to pursue this matter any further.

    We can confirm that the account is now closed and you should receive no further contact from us with regards to this matter.

    Please contact us if you have any further queries.

    Regards,
    Joleigh Penniall
    Customer Services Department
    Aktiv Kapital (UK) Ltd.

    Joleigh.Penniall@Aktiv-Kapital.co.uk

    Hopefully that is the end of all this now x definatley write to them but i reckon emailing is best as you will get a response.


    Report them to the OFT for continued pursuit of a debt they knew to be statute barred. Possibly to the FOS as well for the same reason - just to cost AK money, if nothing else.
  • Just had yet another letter from Aktiv Kapital about this supposed debt, now offering me a 35% reduction if I phone up and pay within 10 days. Should I still ignore this or send them a statute barred letter?? Don't want the heavies turning up at the door!!
  • GeorgeUK
    GeorgeUK Posts: 7,737 Forumite
    Pcat - if you haven't made any payment towards the debt or acknowledged it in writing for 6 years, then it is definately statute barred. IF they were to send anyone to try to colelct the debt, they would have the same legal authority as the paper boy - none. You could just ask them to leave and if they refused, then they are trespassing.

    If they were to try to take you to court, then you would submit a defence - that the debt is statute barred. That's as far as they would get.

    If you are still concerned about it, then yes, you could send a letter to them stating that the debt was statute barred - but do you even recognise this as being your debt? It would not be the first time a DCA has gone after someone with the smae or even similar name.

    By all means send a letter if it is bothering you, but i personally would ignore it.
    There are template letters on the board and on the nationaldebtline website if you need them.
    After falling off the gambling wagon (twice): £33,600 (24,000+ 9,600) - Original CC Debt: £7,885.91

    Dad Gift 6k ¦ Savings & Inv Tst: £2,500
    Loan 10k: £0 ¦ Dad 5.5k: £2,270 ¦ LTSB: £0 ¦ RBS: £0 ¦ Virgin £0 ¦ Egg £0

    Total Owed: £2,270 (+6k) 11/08/2011
  • FTW
    FTW Posts: 8,682 Forumite
    pidsleycat wrote: »
    Just had yet another letter from Aktiv Kapital about this supposed debt, now offering me a 35% reduction if I phone up and pay within 10 days. Should I still ignore this or send them a statute barred letter?? Don't want the heavies turning up at the door!!


    As GeorgeUK says, it's not worth a response. They're offering you a substantial reduction because they know it's a dead duck - that's the only reason such companies ever offer discounts.
  • Hey All, This is my very first post as a newbie to this amazing website, but wanted to share our story on this Aktiv Kapital saga.........We've never heard of them (my partner and I) but today got our very first letter with what seems to be a new twist on previous comments from people.
    Apparently my partners debt is £1389.39 and they are writing to tell us about a new incentive programme called "New Deal" whereby they help us to manager our account !! They offer different coloured options - Purple = pay £277.88 by 30th November and they will pay £111.51 to clear the account (how marvellous is that !!) The other options (only mentioned as colours) Green / Blue / Orange & Red is that we arrange a monthly payment plant & benefit from their incentive programme !
    Suffice it to say, it's going straight in the bin :o) however, wanted to provide you with new contact details as they appear to no longer be in Ayrshire or Herts I think someone posted ?
    PO Box 3424, Chester. CH1 9BS - Freephone: 0800 542 7316. Registered: Aktive Kapital (UK) Ltd is part of the Aktiv Kapital ASA (Norway) Group of Companies (Co: No: 04267803) CCA Licence 510166 at: Wells House, 15-17 Elmfield Road, Bromley, Kent. BR1 1LT.
    I have a good mind to call up this FREEPHONE NO and leave my phone connected whilst I carry on with something more productive, like recycling their "Waste of Paper" !!
    Many thanks for all your posts and putting my mind at rest to ignore it :o)
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    From: http://www.oft.gov.uk/news-and-updates/press/today?prid=755221
    OFT takes action against unfair debt recovery practices

    122/10 23 November 2010

    The OFT has imposed requirements on debt recovery company Aktiv Kapital to secure improvements to its debt collection and communication practices.

    An OFT investigation found that Aktiv Kapital had been chasing people for disputed debts without properly investigating the issues in dispute, in breach of the OFT's debt collection guidance. The investigation also found that those being chased felt unreasonably pressurised by Aktiv Kapital.

    Although Aktiv Kapital has taken action to address the practices that concerned the OFT, requirements have been imposed to ensure that future conduct of the same or a similar kind does not occur.

    The wrong person being pursued for a debt is a common theme in complaints about the debt collection industry received by the OFT. This is often rooted in inaccurate or incomplete data being passed on by the owner of the debt when a debt is sold or its collection is sub-contracted.

    The requirements imposed set out that Aktiv Kapital must:
    • not pursue debts where it has been notified in writing that the debt is disputed until the dispute has been properly investigated - this includes cases where the person being chased for payment says that they are not the debtor in question
    • ensure that its communications are not, or do not appear to be, threatening or to constitute unreasonable pressure
    • deal sensitively with particularly vulnerable customers.
    Ray Watson, Director of the OFT's Consumer Credit Group, said:

    'We have taken action against Aktiv Kapital to address unsatisfactory practices and protect vulnerable consumers. Requirements have been imposed to ensure that these practices are not repeated'.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • I have now got another letter saying
    "it's imperative that you contact this office without delay, .....to resolve your debt"
    Shall I now request the copies of this apparent debt or just ignore this letter, I don't know how else to show that I have paid of this debt, I mean if the original credit company who took my payments say it's paid, what do they want?!

    FTW wrote: »
    '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.
  • I've even checked my credit report and there is no outstanding debt on my record... go figure
  • FTW
    FTW Posts: 8,682 Forumite
    I have now got another letter saying
    "it's imperative that you contact this office without delay, .....to resolve your debt"
    Shall I now request the copies of this apparent debt or just ignore this letter, I don't know how else to show that I have paid of this debt, I mean if the original credit company who took my payments say it's paid, what do they want?!


    Ignore AK, pass go, and report them directly to the OFT. And also the Financial Ombudsman Service - for which, if they investigate, will charge AK £500 for the privilege of investigating it.

    If you have it in writing to say that it's been paid, then the FOS may ask to see a copy of it.

    But don't send a copy of that proof of payment to AK or any other DCA - that's none of their concern.
  • I have had no letters from them for about 5 months and then one of those rainbow option letters from them on Saturday. Suffice to say it ended up in the bin. I couldnt care less, they aint getting anything from me. The debt is very SB (1995). I just find it incredible that they buy these unenforceable debts and the only way they get payment is through intimidation, pure and simple. And whats even more annoying is that FSA/OFT/Trading Standards/FOS/Government ALLOWS this. Why? The company with the debt can only sell it for a fraction of the debt, but then they would say "its better than nothing". They know full well that the debt is SB'd and the only way anyone can recover the debt is by dubious means. I think that the OFT/FSA/whoever should kick the lenders in the backside and tell them that if the debt is SB'd then its dead and can not be sold on.

    On a slightly seperate note, I have checked my credit rating, I dont owe anyone anything and I cant get anything. No loans or credit cards from my current bank (I am a bad risk apparently) but they would have happily extended my overdraft to £2000 (which I declined). I do have a BarclayCard with an eyewatering rate. Who are crap. So no change from 1995. They said to call them in 6 months to try to change the interest rate. So I did. And they said "apply for a new card.".... Utter, utter cowboys. Time to pay the card off and f**k BarclayCard right off.
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