Aktiv Kapital (UK) - Who Are They?

pjd34

thanks happygolucky for the reply. This has obviously been worrying me. Should i just ignore them from now on or insist that they produce the documentation required.

Ayrshire_2

Hi pjd34,

Please don't get worried ... easy to say i know but if you read back i've been saying the same to my dad ...... he was born to worry!!

I don't know all the letters, legalities etc inside out like some do here (i'm sure they'll be along soon to give you the benefit of their knowledge) but as i see it ....... whether or not you incurred the debt ....... you are legally within your rights to ask them to prove you do owe it... it wouldn't be the first time these chancers have chased the wrong person!!!

Ask them to prove the debt is yours and ask them to produce the paperwork they should have on record. As i think you did.

Whatever you do DO NOT..... i repeat .... DO NOT admit any liability to the debt.... deny it until they can produce the paperwork relating to the agreement.

Given they can't produce the paperwork then i'd be tempted to send them a letter along the lines of ... thank you for your letter of XYZ date ... as i have already stated i do not acknowledge this debt to your company.... given your failure to produce any documentation in relation to the original agreement i have no option but to consider the matter closed. This being the case i don't expect any further correspondence from you offer than to confirm this matter has indeed been closed......... ... i don't know the best way to word it but i'm sure you get the idea......being me i'd be tempted to add that should they feel the need to pursue this matter with me i'll have no hesitation in putting it in the hands of my solicitor to raise action against you for breach of this that and the next thing (i'm sure someone can add the various data protection, harrassment legal bits).

Did i say not to worry yet ? ...... PLEASE DO NOT WORRY.

Why do you think they send the countless nasty letters? ... because they know the court wouldn't entertain them... in fact they'd get into a lot of trouble if they went to court with such shocking lack of evidence/paperwork.

And to top it all .... it's probably been 6yrs which means.... even more bad news for the thugs that buy debt cheap them use any scare tactic they can think of to squeeze money out of frightened people.

I hope some of that helps..... please don't worry.... send them the letters that's been posted earlier in the thread.... and if it's easier ... just ignore them.

As i say someone better qualified than me will no doubt drop past soon with some more/better advice.... until then.. keep smiling and remember ... you are not alone.

Take care.

Craig.

birdv1

They've sent me a letter claiming I've made a nominal payment which would potentially have the effect of suggesting I've acknowledged the debt. No such payment has been made and I've written denying any payment and reiterating much of the "I do not acknowledge any debt to your company" letter.

I've also said I'm not going to enter into any further correspondence with them until such time as they fulfill their statutory obligations and that I'm going to keep any further letters etc from them to support any case I may need to take to get them off my back.

Thanks to so many of you for your earlier posts about these people. Wish me luck!

robssmith

Hi

Ive had all the letters from Debt Managers and the associated companies you mention. Very annoying, this devt is nothing to do with me. I wrote to them saying I did not acknowledge the debt but letters still keep coming. I have written back today saying I will contact the police if I receive any more. I also contacted Consumer Direct ( http://www.consumerdirect.gov.uk/ ) who put me in touch with Edinburgh Trading Standards office wo are investigating Debt managers. Im sure trading standards would welcome some more evidence against this firm.

Rob

HappyGoLucky_2

pjd34 wrote: »

thanks happygolucky for the reply. This has obviously been worrying me. Should i just ignore them from now on or insist that they produce the documentation required.

I agree with Craig. They hate being ignored as they cannot work out what you are thinking. As they have confirmed they do not hold the agreement then they know they cannot enforce via the courts. If you have had any demands for payment since and wish to write back, then mark it official complaint, after the earliest of their final reply or 8 weeks you can then take upthe matter with the FOS. The FOS will charge them around £400 whatever their findings.

HappyGoLucky_2

birdv1 wrote: »

They've sent me a letter claiming I've made a nominal payment which would potentially have the effect of suggesting I've acknowledged the debt. No such payment has been made and I've written denying any payment and reiterating much of the "I do not acknowledge any debt to your company" letter.

I've also said I'm not going to enter into any further correspondence with them until such time as they fulfill their statutory obligations and that I'm going to keep any further letters etc from them to support any case I may need to take to get them off my back.

Thanks to so many of you for your earlier posts about these people. Wish me luck!

Good luck & well done so far. It is up to them to prove everything they claim to be true.

rog2

I have found, in the past, that, when I have sent a letter, enclosing a postal order, for 'statutory fees', the Creditors/DCAs have credited this payment to the alleged debt, and have called it a 'token payment'.
In my case it was Black Horse/MacKENZIE HALL, but I have no doubt that this is a common practice with many DCAs.

tishyscash

Firstly - what an amazing site and thank you so much to those of you who have given advice on here - you are helping one heck of alot!

Just to explain my dealings with Aktiv today;

I received a telephone call out of the blue from them today, claiming I owed money from 1997 and at a previous address of mine. I was shocked that they even had my telephone number, as it was not registered in my name but my partner's, although we did transfer the number from my old address (but, we only had the number from 2003!)

I was a bit taken a-back to say the least and it didn't help that I have been off work with a severe neck problem and headaches this week either. She waffled on asking me to confirm my date of birth etc and I had to stop her and ask what it was about first of all! She stated it was a debt to Argos back in 1997 and said the amount was around £600 (can't even remember what she said) It had been passed to an agency Legal and trade (or something like that) then they took it over and they have been trying to contact me at my old address for ages, etc. I vaguely remember contacting Argos at the time, as I had been made redundant and offered payment arrangement back then, but never heard a thing (and the amount was never as much as they state!) Aktiv Kapital could not have been trying to contact me that hard, as when I moved from my previous address, I had my post redirected for a year and have not received one letter from them! She asked if I was working; stated they wanted me to pay around £55 a month but would accept £30 due to my circumstances (being on sick leave). She tried to get me to set up a direct debit, but I do not do that through my bank and then said she would send out giropayment slips and my first payment would be on 1st August! I have not signed anything to say I will pay that amount and had I not been half asleep and in pain on the telephone I would have been a bit sharper.

I have taken a copy of the letter regarding the debt being over 6 years old and will be sending it to them. Just would like to ask, because I was not really with it over the phone and before I knew it was saying thank you and goodbye, would the 'arrangement' they came to for me be binding?! I have not signed anything, so I hoping that is enough to contest it.

Thank you in anticipation for any help.

tishyscash

Firstly - what an amazing site and thank you so much to those of you who have given advice on here - you are helping one heck of alot!

Just to explain my dealings with Aktiv today;

I received a telephone call out of the blue from them today, claiming I owed money from 1997 and at a previous address of mine. I was shocked that they even had my telephone number, as it was not registered in my name but my partner's, although we did transfer the number from my old address (but, we only had the number from 2003!)

I was a bit taken a-back to say the least and it didn't help that I have been off work with a severe neck problem and headaches this week either. She waffled on asking me to confirm my date of birth etc and I had to stop her and ask what it was about first of all! She stated it was a debt to Argos back in 1997 and said the amount was around £600 (can't even remember what she said) It had been passed to an agency Legal and trade (or something like that) then they took it over and they have been trying to contact me at my old address for ages, etc. I vaguely remember contacting Argos at the time, as I had been made redundant and offered payment arrangement back then, but never heard a thing (and the amount was never as much as they state!) Aktiv Kapital could not have been trying to contact me that hard, as when I moved from my previous address, I had my post redirected for a year and have not received one letter from them! She asked if I was working; stated they wanted me to pay around £55 a month but would accept £30 due to my circumstances (being on sick leave). She tried to get me to set up a direct debit, but I do not do that through my bank and then said she would send out giropayment slips and my first payment would be on 1st August! I have not signed anything to say I will pay that amount and had I not been half asleep and in pain on the telephone I would have been a bit sharper.

I have taken a copy of the letter regarding the debt being over 6 years old and will be sending it to them. Just would like to ask, because I was not really with it over the phone and before I knew it was saying thank you and goodbye, would the 'arrangement' they came to for me be binding?! I have not signed anything, so I hoping that is enough to contest it.

Thank you in anticipation for any help.

rog2

You should be okay as any 'acknowledgement' to the debt should be in writing.
If the phone call was recorded, without you having been informed, then that would be inadmissable as evidence.