Aktiv Kapital (UK) - Who Are They?

Haydoor

Thank you Handy

The "Alleged" loan was taken back in 2006

The account had no payments made nor correpondance for almost 3 years, for some reason they decided wake up last year and remember that there is a loan account or something, I started questioning them since then with many letters, notices, demands for fully signed-agreements, they failed to provide any, in other words, join the club (lost originals and try to scare me off).

technically speaking, the default was entered (after the 28 days notice) back in the beginning of Feb 2011, another 28 days notice given, and finally the 12+2 days given to them, they where supposed to come back by 40-days ago, they failed to respond. yesterday I received a letter (posted 5 days ago, with letter-contents back-dated to a month before!), I am about to send them the final letter which says (based on my letters dated xyz... the account is now statue barred), and already entered default 2 months ago, and it's unforseeable.

I will attach my doc into this now to show you what I am about to send them now...

Please let me know if you think there is any problems with the text below. Thanks!



Dear Sir / Madam
I have received a letter from you dated the XXXXXXXXX, however, the envelope you sent the letter with was stamped (XXXXXXXXX, with reference XXXXXXXXX), which indicates that you have sent me a 1-month-back-dated letter as if you wrote it to me earlier and I did not respond to it, which clearly isn’t the case. I attach a copy of the scanned envelope with all references for your further information, please ensure that your letters are dated correctly and sent on time for the future as this is very important as you might already know.
For the record; please note the following:
1) Referring to my earlier letter sent to you on the XXXXXXXXX; Barclays was given more than 28 days to comply with s77/78 of the CCA 1974, you have failed to produce the executed signed agreement document as such that the account entered default on the XXXXXXXXX.
2) Referring to the same letter above, the Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further 30 calendar days, your company commit an offence. I have given you 14 days to comply with this request which is a reasonable time. These time limits expired on the XXXXXXXXX and the XXXXXXXXX respectively.
3) You have been sent another reminder on the XXXXXXXXX and you have still failed to send me the executed signed agreement along with other documents requested.
4) I refer to previous letters sent to you via 1st class recorded delivery dated XXXXXXXXX, XXXXXXXXX, XXXXXXXXX, XXXXXXXXX, ... (delivery receipts are available on demand) that all letters were reminders for you (and your client) to send me the true-copy of the executed signed agreement. You have still failed to acknowledge this request by not supplying these documents which should be readily available as proof of your legal right to collect the alleged account if there is any.
5) Also for the record, I explained the importance in all previous letters of sending me the original true copy of the executed signed agreement, and that you were reminded on many occasions that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.
Therefore based on all reminders and correspondence mentioned above, as of the XXXXXXXXX this alleged account has become STATUE BARRED, as you have failed to comply with my requests for a true signed copy of the alleged agreement, and other relevant documents mentioned in it. You have also failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment, under the relevant sections of the Consumer Credit Act 1974. Further, I do not acknowledge any debts made to you or Barclays.
Furthermore; to comply with the law, I am giving you a final notice to provide me with the true-copy of the executed signed agreement, I must stress this request is NOT made pursuant to section 78 Consumer Credit Act 1974 but is made pursuant to the Civil Procedure Rules (Pre action protocols and Part 31.16) and therefore unsigned copy will not suffice, only a copy of the original contract in its unaltered form will suffice in these circumstances.
I do not view this as an unreasonable request given that by supplying the documents I asked for will allow to resolve matters possibly without the need to involve the court and will undoubtedly save costs on both sides
I look forward to your reply and would ask to send these documents to me by XXXXXXXXX.
If you fail to produce these documents by the XXXXXXXXX, and still demand payment on the alleged account; it would result in an application for a court-order for such documents to be released.
Your backdated-letter received above also states that Barclays cannot send me the true signed copy of the agreement as this is their policy. I believe this is very unreasonable and unprofessional, and causing extra time and money being wasted from both ends, I am demanding a true copy of these documents to avoid going into court and also avoid any related costs which is quite reasonable and logical at the end. In other words, if you believe that I have anything to do with the alleged account, then please send me the proof/evidence to show that it’s myself who signed for such account and not anyone else
Please note, unless you produce the requested documents I have asked for in my previous letter dated XXXXXXXXX (in particular; true signed copy of the executed agreement with my name, date and signature on it), this would be my final response to you on this matter. If you still refuse to send these documents, and still demand any payments, then you will leave no choice but to go into court, starting with a request for a court-order to disclose such documents (if such documents ever existed).
To my knowledge I have made every possible effort to resolve the matter internally and avoid going into court, I have given you and your client more than the legal time to comply with my requests by sending me the original true copy of the document with my signatures on it along with the other related items, you and your client have failed to produce these documents so far. In the event of any legal action, these letters will be presented to court.
For the record; currently, the account remains unforeseeable, and the alleged debt has became statue barred. I do not acknowledge any debts to you or your client.

Haydoor

In other words Handy, they are hiding behind sections 77/78 of CCA 1974 by sending "copies" and not originals.

Haydoor

Hi Handy, I think after googling up, it seems that statue-barred means that it must have 6 years elapsed, which isn't the case, so I will re-word the letter now, and take it from there.

I also re-read what you said, I will no longer post to this thread

It would be nice if you could give your expert opinion on what you think about my letter above.

Thank you for your help.

cloud09_2

fermi wrote: »

Court is exceptionally unlikely.

Aktiv are chancers, but they aren't daft enough to try that for a statute bared debt.

Whether to reply or not is always a judgement call.

Depends on whether a few letters with silly threats bothers you?

If it doesn't, then just ignore.

If you would rather get rid of these idiots, for example if they are hassling you with phone calls as well, or you just want to put a stop to this sooner rather than later, then use the appropriate letter.

Up to you.

Hi Fermi,
I did ignore their letters in the end! Now I have a third inviting me to join 'New Deal' that will apparently help me access benefits that reduce the amount 'I owe'. It also states I may be entitled to their loyalty scheme called Aktiv Kapital Plus which apparently enables me to accrue additional money from payments I make to them to then put towards teh amount 'I owe'..

I received this letter on Wednesday and haven't responded yet. In your experience, should I ignore this one too?

Thanks so much )

fermi

cloud09 wrote: »

It also states I may be entitled to their loyalty scheme called Aktiv Kapital Plus which apparently enables me to accrue additional money from payments I make to them to then put towards teh amount 'I owe'..

:rotfl::rotfl::rotfl::rotfl:

That is quite possibly one of the most desperate letters I've ever seen from a DCA.

Loyalty scheme? :rotfl:

ceejaydee23

Has anyone else any ideas, as to what we do next? Id really like some info here?

fermi

ceejaydee23 wrote: »

Has anyone else any ideas, as to what we do next? Id really like some info here?

I haven't been following what you are doing.

It may be better to put your posts into a new thread. I'll have a look and do that if that seems better.

fermi

ceejaydee23 wrote: »

Hello again! Just an update, We have recieved a letter from Activ, with what looks like a doctored document, as almost all of the hand written form is readable apart from the date the form was signed, the day and month are visible, but not the year! its been soooo darkened its almost unreadable.

The letter we sent not only asked for a signed agreement, but also a full statement of account, which is still not been supplied, are we right to still dispute this? As they are now starting to harrass for payments to be set up again!

Normally we would need to see a scan of what they have sent. Personal details blocked out of course.

cloud09_2

fermi wrote: »

:rotfl::rotfl::rotfl::rotfl:

That is quite possibly one of the most desperate letters I've ever seen from a DCA.

Loyalty scheme? :rotfl:

My thoughts exactly Fermi!

Today I have received a fourth letter from Aktiv Kapital stating I should reply to them if I want to avoid a home visit from one of their field agents. Again they have offered an 'alternative option' of a monthly payment arrangement and their incentive programme called New Deal. The emphasis was very much on a home visit which has me deeply worried at the thought of someone knocking my door down for an aged debt that I'm not 100% sure exists.

Any suggestions before I cave in?!?!

Many thanks!:(

~Chameleon~

cloud09 wrote: »

My thoughts exactly Fermi!

Today I have received a fourth letter from Aktiv Kapital stating I should reply to them if I want to avoid a home visit from one of their field agents. Again they have offered an 'alternative option' of a monthly payment arrangement and their incentive programme called New Deal. The emphasis was very much on a home visit which has me deeply worried at the thought of someone knocking my door down for an aged debt that I'm not 100% sure exists.

Any suggestions before I cave in?!?!

Many thanks!:(

If it's of any comfort to you I've previously ignored letters threatening visits from field agents but no one has ever turned up at my home. If you read the letters carefully, they all say they may send somebody, not that they will, it's all in the detail