Aktiv Kapital (UK) - Who Are They?

dorothyjoan

hi

I've read through all the info on Aktiv Kapital and want your advice.

I first received a letter from them on 24th March 2006.

It started 'as you have been previously advised on 9th November 2001, the debt accrued by you, has now been legally assigned to Aktiv Kapital.', and referred to an original creditor that I did not recognise alongside an amount for £3877.

I had not received any notification previously!

I have to say that at this point I had managed to eradicate from my mind the fact that I still have two outstanding ccj's from 1996. I had a breakdown- from debt ,and had just 'come to arrangements' with advice from a debt counsellor before returning home to another part of the country and walking away from it.

Quite honestly, I had foolishly struggled for three years to pay exhorbitant interest on these accounts at the cost of my savings and more, despite advise and pleas from my family. So much so that at the end I felt that I owed them nothing.

After four or five years of desperate struggling I have now put myself onto a 'debt-free' path, effectively blocking out the ccj's. I suppose that was foolish but nevertheless I do resent the debt companies benefitting from me.

To date I have received twelve letters from them, threatening everything stated on previous pages. I have in reply sent them denials, demands with £1 fee and then another letter re-iterating the £1 fee letter and suggesting that I would take legal action against them if they persued me any further without proving just cause.

They have eventually replied with a copy of a signed credit agreement form which shows no amount or anything else. Another letter came last week stating that they will pass the account to 'one of our doorstep agents on 21st June 2007 if we do not hear from you'.

Please advise me what I can do or should do?

HappyGoLucky_2

Hi DorothyJoan

Firstly have you got a copy of your credit reports from all 3 credit reference agencies (Experian, Equifax & Callcredit)? The statutory report you can request to receive via post is £2 each.

Is there any chance the Aktiv Kapital letter refers to one of the CCJ's?

If the last payment/acknowledgement from you was over 6 years ago (5 in Scotland) then there is no legal avenue for them to use (ie they cannot take you to court) so they will bombard you with letters hoping to scare you into paying. The only exception is if you had been extremely devious by making it impossible to be traced (no utility bills, not on electoral roll, no other credit repayments etc for 6 years).

If you are certain the debt is not yours then again there is nothing they can do.

The "doorstep agent" threat is usually just that, a threat that they do not carry out. In the unlikely event they do visit, you are legally entitled to tell them to go away and report them to the police if they do not. Do not under any circumstances let them in, tell them what to do through a window or letterbox if you prefer.

Does the "agreement" include a proper copy of your signature? Even if it does it is legally unenforceable without certain other details present.

yonkie

hi Sarah,
thanks for your reply but,unbelievably,i have now received a letter from(can you guess?)...yes,its callserve!!! It is word for word the same as yours,as in your reply to Craig.I am so looking forward to someone knocking on my door but judging by the replies in this forum it seems that they are not too keen on that.keep us informed of your progress and we will see who gets a knock on the door first,me or you!! keep fighting
yonkie.

rog2

yonkie wrote: »

hi Sarah,
thanks for your reply but,unbelievably,i have now received a letter from(can you guess?)...yes,its callserve!!! It is word for word the same as yours,as in your reply to Craig.I am so looking forward to someone knocking on my door but judging by the replies in this forum it seems that they are not too keen on that.keep us informed of your progress and we will see who gets a knock on the door first,me or you!! keep fighting
yonkie.

Have a look at the OFT guidelines, on the following link, on just how Debt Collection Agencies SHOULD conduct their affairs, in particular Section 2.11 and 2.12, which deal specifically with Debt Collection Visits:

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

I would reccomend that EVERYONE who has to deal with a DCA downloads a copy of this publication.

dorothyjoan

HappyGoLucky wrote: »

Hi DorothyJoan

Firstly have you got a copy of your credit reports from all 3 credit reference agencies (Experian, Equifax & Callcredit)? The statutory report you can request to receive via post is £2 each.

Is there any chance the Aktiv Kapital letter refers to one of the CCJ's?

If the last payment/acknowledgement from you was over 6 years ago (5 in Scotland) then there is no legal avenue for them to use (ie they cannot take you to court) so they will bombard you with letters hoping to scare you into paying. The only exception is if you had been extremely devious by making it impossible to be traced (no utility bills, not on electoral roll, no other credit repayments etc for 6 years).

If you are certain the debt is not yours then again there is nothing they can do.

The "doorstep agent" threat is usually just that, a threat that they do not carry out. In the unlikely event they do visit, you are legally entitled to tell them to go away and report them to the police if they do not. Do not under any circumstances let them in, tell them what to do through a window or letterbox if you prefer.

Does the "agreement" include a proper copy of your signature? Even if it does it is legally unenforceable without certain other details present.

hi, HappyGoLucky

Thanks for your reply.

I only have an Experian credit report, but it does not have any reference to anything negative.

The debt referred to is connected to a ccj issued in 1996. A debt counsellor came to an arrangement and I made one payment in 1996, before moving out of the area. I continued to be on the electoral roll at my new address, as well as having utility in my own name so never avoided anyone or hid.

Re Activ Kapital-

After sending the '6 year' expiry thing to them, they replied to me in May 2006 saying that it was not applicable in the case of a ccj. Another letter in July, then 2 in August, a FINAL NOTICE OF PROPOSED LEGAL PROCEEDINGS in September after which I sent the letter quoted on this website asking for written proof with my £1. Reply 15 September 'Please bear with us while we investigate the matter further. We will write to you with our findings in due course.'

26th April 2007 letter received 'We are writing to confirm that we are now in receipt of a copy of the original agreement. In order for us to investigate this matter further, please provide us with a copy of your identification i.e. Driving Licence or a Passport. In addition please advise us of your previous addresses for the past 15 years. We await your urgent response.'

Why would I supply any of this information to them if they are already armed with the appropriate documentation?

11th May 2007 I received letter ' tried to urge you on a number of occasions etc. but we have not received a firm commitment to pay. If you choose to ignore this letter, in 14 DAYS we intend to pass your account to a field agent who will call at your home to confirm residence and discuss your reasons for non-payment face to face prior to any possible legal developments, please note once this process has begun it is extremely difficult and expensive to be stopped.

By agreeing to a payment arrangement you are protecting yourself against any further action, avoiding any large legal fees of charges and will be helping yourself by repairing the damage already done to your personal credit file. You don't even have to make a call, for ease you can fill in the attached Direct Debit form ensuring all details where requested are completed to aid in processing the application.' Then beneath is a direct debit mandate form to Activ Kapital.

17th May I then replied 'Please note

Re attached correspondence and underlined area in particular. (I enclosed another copy of the £1 letter, having underlined I require you to supply the following etc.'

22nd May they replied: 'We refer to your communication in respect of the above account and enclose a copy of the agreement made between yourself and the original creditor.' Enclosed is the/a credit agreement between 'the company' and myself. It has my personal details completed, with address and d.o.b., but no signature just (I/D) filled in, and for the amount £500 is ticked.

This was not what I expected. It did not show any amount due to anyone.

14th June 2007

NEXT STAGE - DOORSTEP COLLECTION

Activ Kapital (UK) Ltd attempt in all cases to reach an amicable solution for repayment of unpaid debts. In your case this has not been possible.

Due to your apparent lack of concern for the implications of leaving a debt such as this outstanding, we have no option but to adopt alternative strategies which may incur additional costs that will be passed on to you.

We utilise the services of several companies who specialise in making personal visits throughout the UK

It is now our intention to instruct one of them to visit you in person in order to assess your current circumstances and to negotiate re-payment terms with you.

Should you wish to avoid this, please contact one of our specialist advisors on 08701 609543 within the next 10 working days

REMEMBER WE ARE HERE TO HELP YOU
IT IS STILL POSSIBLE TO DISCUSS RE-PAYMENT WITH US

YOUR ACCOUNT WILL BE PASSED TO ONE OF OUR DOORSTEP AGENTS
ON 21 June 2007 IF WE DO NOT HEAR FROM YOU

CONTACT US IMMEDIATELY ON 08701 609543
Calls may be recorded for training purposes'

To date nothing has happened, but even writing it out for you makes me feel sick to my stomache.

My house is on a busy road, and I have to open my front door to visitors, so how will I know if a bailiff or collector comes until it is too late. After this time I am sort of sure that they will not send anyone, but I am still quite frightened. These tactics really are effective in scaring people.

I await your advice, and very much appreciate that I am not the only one!

dorothyjoan

uncle_pablo

squelch123 wrote: »

Hi Craig,

Yep, I too have the same letter! From Russel and Aitken dated 8/5/07.
Yes they really do make you mad don't they - but I would say try not to buckle under the pressure.
I called the national debtline yesterday who were very helpful and they said that this is classed as 'harrasment' and there is a letter template that they are sending me that If I wish I can send to these !!!!!!s which I may do depending on how things go. Maybe worth you giving them a call and getting them to send you a pack also - it's completely free.
I also asked can anyone put a default against your credit history hence blacklisting you.
A company can only put a default on your credit file against a listed credit agreement that will already be on there. If you go online or call Equifax or Experian and get a copy of your's parent's credit file you will see that each and every piece of credit they have ever had that is either still active or settled will show against their name and address. Companies cannot simply just send a 'default' notice as they will have to attach that supposed 'default' to the supposed 'debt' in question on your file.The way the credit agencies work is to list in detail when the loan was taken out, how much for, how much o/s, how many times you paid late by 1 month, two months or three months etc. So you see, Aktiv Kapital and their cronies cannot attempt to sabotage your parent's credit file as there is no credit agreement matching theirs for them to put a default against - hope this makes sense? I suggest maybe getting a copy of your parent's credit files from Equifax, Experian and there is a smaller one Debtline told me called 'call credit' I believe so that you can monitor what is on there and if anything changes. Incidentally Debtline did say that if ever there is an incorrect entry on your account then Equifax/Experian will help you get it put wright.

Also, debt recovery agents are not bailiffs so you do not have to talk to these people and they cannot enter your property. Only Court Bailiffs are real bailiffs.

I agree - the fact that they are giving so many chances to pay just shows they are trying to get what they can.
I am still ignoring them for now - if I was out of the country that's exactly what I would be doing anyway or I certainly wouldn't even know that the letters were being sent as they have no proof that I have ever received any letters anyhow.
Keep smiling, and remind your parents that they do not owe and have never owed this debt so fact: it can never be proved by these creatures.
I'll update you soon as judging by the tone of this last letter to me they surely must be taking court action so I expect to receive a letter from the courts now?
Sarah :cool:

I have had a letter from Thames asking me to confirm if I am the person they are writing too. There is now way they are getting a penny out of me for any debt! The only thing I am worried about is the part highlighted red above. I know that currently my credit file is clean as I have just been able to open a savings account, get credit for some electrical equipment etc. I am about to remortgage in two months time - is there any way Thames can put a default on my credit file for this without me knowing about it???

One other question : has anyone ever receieved the original credit agreement from these jokers???

Pablo

HappyGoLucky_2

Hi Dorothyjoan

Ok, I will start by examining the facts as they claim to be true. They have a CCJ which can be enforced at any time. If that is so, why would they go to all the trouble of issuing so many letters and passing your file to a field agent and then a doorstep collector? Surely if there really was a legal avenue for them to use they would use that immediately!

Now for the legal side, the Limitation Act states:

“Section 24 Time limits for actions to enforce judgements
(1) An action shall not be brought upon any judgement after the expiration of six years from the date on which the judgement became enforceable.”
As the judgement was in 1996, the time limit expired in 2002, some 5 years ago! However, there is a little aid they can use to extend:

“Section 32 Postponement of limitation period in case of fraud, concealment or mistake
(1)(b) any fact relevant to the plaintiff’s right of action has been deliberately concealed from him by the defendant”

The above allows the court to extend the 6 year time limit where they can prove they were unaware of an address change. Do not worry, it is not that easy for them though as section 32 (1) continues:

“The period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it.”

Yes they want you to believe that the 6 years begins from when they contacted you. That is not true as the judge decides the date upon which they could have reasonably located you. As you have not hidden in any way, you have left a trail allowing them to find you much earlier than they did. It is therefore likely that a judge would assess the date to be less than a year after judgement date, the maths means the judgement would have expired back in 2003. Obviously if they believed section 32 was a possibility they would have gone to court a long time ago as their delaying by using letters etc is eating into the Limitation Act time-limits.

Then of course, Aktiv Kapital have 2 additional problems:
1) They would have to produce the actual CCJ
2) The CCJ would clearly show they are not the plaintiff

I mentioned your credit files because I was unsure if they were chasing a CCJ you knew of or a new one you may not of known about. It is not necessary to obtain all 3 credit reports as all the agencies record CCJ data anyway. A CCJ only stays on your file for 6 years after the judgement date so of course it as long since disappeared.

On a technicality their letter from May 2006 was correct. As you had written quoting section 5 of the Limitation Act they can say that a CCJ over-rules section 5, what you should have sent is the same letter quoting section 24.

The CCA should be an exact copy of the original to prove a debt, however, a CCJ effectively proves the debt so the CCA is to some extent irrelevant. The CCA does need to be retained though as it is the only document that proves whether or not the contract can be assigned to a new party.

The latest letter is just another threat and will be followed by more like those in the previous few pages. It is highly unlikely they will go to the expense of sending anyone round because at the end of the day it really does look like they have no case whatsoever to make any recovery from you by any methods other than you actually volunteering to pay.

These companies do tend to run away from actual solicitors letters, although that option would cost you perhaps up to £50.

You were right not to give them any proof of identity.

dorothyjoan

:j :j :j :j :j :j :j

hi Happy Go Lucky

Thankyou so much for your informative reply.

I had originally sought advice from a legal helpline and was told about the 6 year rule. When A.K. replied that a CCJ was not covered the helpline said that was right and that I could not really do anything!!

Even though it had crossed my mind that Activ Kapital seemed to be making hard work of a 'sure thing' by sending continuous threatening letters etc., I obviously was becoming quite scared and was very reassured by your reply.

I always kept my same bank account, from which my only payment was paid. As I also informed you I almost immediately registered on the electoral role from my new address and still maintained utility bills from the same companies, so was never 'missing'. As you suggest, the latest date would have to be 2004.

Would it be wiser to enrol the services of a solicitor to send a letter on my behalf and would I have to disclose my situation, or should I just ignore them from now on?

yours very gratefully

Dorothyjoan

pjd34

Can anyone help me please. I recieved a letter from Activ Kapital claiming I owed them £2628,36. I had no idea what this was for so i sent them a letter requesting a copy of the alleged agreement. I have recieved a letter stating they have requested a copy of the original application form from the originator but they are unablr to retrieve this from their archives as this is an aged debt. Can anyone tell me what i should do now. Thankyou

HappyGoLucky_2

Hi DorothyJoan. Sorry for the delay. Personally I would ignore them, they are not worth any expense.

Hi pjd34
Looks like yours is probably statute barred too. By law they must keep the CCA for 6 years after the account is paid up. In order to stand any chance of success in court they would have to produce the CCA, as they have not got it then it is tough for them. You can complain to Trading Standards and the OFT if (or rather when) they continue to harrass you for payment, also you can report them for failing to produce the CCA in accordance with the 1974 Act.

I do wonder if Aktiv Kapital actually buy any enforceable debts!