Aktiv Kapital (UK) - Who Are They?

RAS

Spider

This may well be statute barred, if you have not paid or acknowledged the debt for more than 6 years. If this lot are involved it is likely that this is the case, or that it will be in a few weeks.

In that case they can whistle for it.

Do you have any old correspondence showing when you last paid, or is it showing on your credit check?

There are letters but we need a bit more info on the dates.

As for the final demand, this contravenes OFT rules but then this lot are not bother by these minor inconveniences.

ladypinkof66

i too had a letter from Aktiv Kapital back last year when i contacted Wescot who was collecting the money they were unable to advise me as to what the account was for i phoned and wrote but never received a reply i then paid the sum of £356 in full wanting to get them off my back even though i believed i did not owe the amount, i then followed up with numerous phone calls and letters yet never got a response from Wescot they said they were unable to confirm to me who was chasing the debt as it had been passed onto Aktiv Kapital, i still believe that i did not owe this money, has anyone any advice whether i can still follow it up and who i need to contact.
Many thanks

john_bhoy

Hi guys,

Just spent the morning reading through your posts,funny think was I googled Aktiv Kapital,to find their number and set up payments when i stumbled across this forum.

My situation seems different to most,so seeking some advice,and give a bit of advice to those who are worried.

I have just finished uni,when i was in first year,i was offered a £1500 interest free over-draught by TSB,which i gladly accepted wide eyed!this is 2000,only just turned18,the next year i took out a loan to go travelling.

Eventually i couldnt afford to pay the repayments and my over draught went over,and i was in trouble!

Had letters etc from TSB,then from some debt company and another,eventuallly Aktiv Kapital was on my case.At first i got letter after letter,I was clueless and too scared to reply,I was only young and had these animals on at me,then the phone calls came,I was a student and had no job,I was petrified,it affected everything I did,I got about3/4 letters a week and a phone call nearly everyday,which I kidded on I wasnt in or told my mum to say I wasnt in,I payed around£60 a month for 2 or 3 onths then stopped,after the first month without paying letters and phone calls again,then they would stop for a good length of time,then out of the blue start again.This was terrible my whole life was consumed,worry every minute of the day,it was constantly on my mind.One day one of the women spoke to my dad and told him the situation,that was my worst nightmare!Is she allowed to do that?I thought It couldnt get any worse!Eventually it stoppped mybe for a year or two.

Then last year,I got a call wanting to set up payments,financially better off and alot more wiser I set up£60 every 4 weeks,payed that for a while,even after paying it every month they would still phone every few months asking if i can pay more money.

I cancelled the standing order because I was sick of them just before christmas,had a few phone calls from them and i said i would set it up again,but still havnt but i have been phoned everyday for the last two months,i ignore my mobile ones,but their fly b*turds phone my house so my mum will answer and in a way are harrassing her,:mad: .

I have paid roughtly3 to 500 pound but my debt is basically the same,I have also asked for statements to no avail?

As it is my debt,and I have paid in the last5 years(Live in scotland)is there anything I can do?I am totally black listed and it affected my brother geting a mortgage also?Is it worth asking for a copy of the original signed document,as they haven't really done anything to me in 7 years?Only threatened this and that,and when I ignored it I'd get a discount?

My advice to others who are struck with worry is,DONT.It is something that will tear you apart,I was only a young boy when they started on me,I was worried I'd be in jail by time i was23!As time went on I realised every threat they made was an empty one and I was in control and take my time,I have been treatened by court,lost count of how many of their goons where going to come to my door,URGENT this FINAL DEMAND that,but never anything legally binding,I even had one of their call centre monkeys on the phone saying i wouldnt get a job when I finished uni because of this,they are pathetic,and they undermine you on the phone,I had to describe everything I spent money on so THEY could work out a spending budget for me!and even if you do pay they try and squeeze more out of you!

So even if it is your debt,the main thing to remember is relax:beer: ,you do have time to sort yourself out and dont let them bully you,you decide when your ready,even if you get an official court document,you still have time to sort it with the company.And to those who have no recollection of any debt,happy days,give them a kick in b*lls for us and the other folk who are being bullied by these animals.

Cheers in advance for any help guys,and good luck to everyone,I know how your feeling.

(sorry for such a large post):o

rog2

Hi jb - you are ENTITLED to full statements, and AK are OBLIGED BY LAW to give you these when asked.
I would have a word with Scottish Debtline (The Scottish Branch of CCCS) or a Debt Adviser at CAB.
Some, if not ALL, of the charges that may have been applied to your 'alleged debt' may be unlawfull and could be claimed back.

Don't contact AK until you have contacted one of the Debt Counselling Charities for advice.

john_bhoy

Cheers Rog,I'll give them a try.

I wont call them,I'll be looking forward to the next time they call me tho,I'll have a few things to say.

I realise its more than likely i'll need to pay,which in the end up is fair enough as it is my debt,but i'd like to get at them some way as the are a bunch of b*turds.

Is there any surcumstance my credit rating can be changed? as now i've finished uni and got a job,i'm going to need credit for mortages,cars etc,cant even get a mobile phone contract just now!

little_old_ady

I hope this can help any one in what to expect from aktiv kapital.

1st letters is from Buchanan clark + wells ... FINAL NOTICE
2nd letter is from Buchanan clark + wells ... LEGAL NOTIFICATION
3rd letter is from Geoffrey parker bourne solicitors ... NOTICE OF PENDING LEGAL ACTION
4th letter is from Debt managers ltd ... URGENT FINAL DEMAND
5th letter is from Debt managers ltd ... NOTICE OF LEGAL ACTION ( again )
''By now i am getting pst off with all there letters so i send them the consumer credit act 1974 letter with the £1 and wait and wait''
6th letter is from Debt managers ltd ... WE HAVE REQUESTED COPY OF SIGNED AGREEMENT FROM CLIENT WILL REVERT TO YOU ONCE THIS IS TO HAND. ''that will be a miracle''
7th letter is from Debt managers ltd ... SETTLEMENT OPPORTUNITY UP TO 25% DISSOUNT IF PAYMENT IMMEDIATELY. ''but still no signed evidence that i ow them any money''.
8th letter is from DEBT MANAGERS LTD ... notice of county court proceedings
9th letter is from Russel + aitken solicitors debt recovery ... COURT ACTION PROEEDING
10th letter is from Parkgate investigation bureau ... INVESTIGATIGATION ENQUIRIES INTO TO MY FINANCIAL POSITION AND DOORSTEP COLLECTOR. ''no doorstep colletor turned up yet''.

what happend to the court case ???? what happend to the info i paid them for that i never got ???.

rog2

little_old_ady wrote: »

what happend to the court case ???? what happend to the info i paid them for that i never got ???.

It's all bullsh1te, little_old_lady - designed to detract your attention away from the fact that they were unable to supply a true copy of the original signed cca, and the fact that they have, now, committed a criminal offence.

In the absence of the cca the 'agreement' is now 'irrideemably unenforceable' - they KNOW that if they take you to court the judge will find against them.
Even at this stage, should the cca miraculously appear, they will be unable to enforce it without a Court Order, which again the Court is unlikely to give.

SAS

Hi guys,

I've been getting letters from these clowns since May, chasing a debt thats over 10years old. I sent them the CCA request on 17th May, received a reply saying that they would send it when they located it, then got another letter asking me to provide DOB copy of driving license or passport and details of previous addresses ( as if i would do that). I've had letters every other week threatening one last last before they pass it on to their soliciters to comence legal proceeding. I've not had a copy of the credit aggreement and have just ignored all their letters, but got another last chance letter today and decided to reply with this response.

I DO NOT ACKNOWLEDGE ANY DEBT

Request under the Consumer Credit Act 1974


In response to your many previous letters may I refer to my letter dated *******2007 which was delivered via Recorded Delivery to your offices on ****** May 2007.

You have failed to acknowledge this request by not supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect this account.

In my letter of the **** May I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. You are reminded 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.

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 commits an offence. These time limits expired on **** June 2007 and ****July 2007 respectively and the matter has been reported the Office of Fair Trading for non compliance on the advice of the Citizens Advice Bureau as you are in breach of your legal duties under CCA s78.

Furthermore any information about me or this account must not be shared with any third party; this in itself is an offence under the CCA act 1974.

I will not enter into any further correspondence with yourselves regarding this matter and any legal action you may contemplate will be both vigorously defended and contested.

I also require that you remove all my data from your files within the next 7 days and look forward to receiving a letter from you within 10 days confirming that you have complied with this request.
*********************************************************************

Hope this helps someone, and don't let them get to you.

Good luck everyone.

rog2

SAS wrote: »

I've been getting letters from these clowns since May, chasing a debt thats over 10years old.

Hi SAS - if the debt was over 10 years old, and provided that it was not property related or subject of a CCJ, then the likelihood is that it is covered by the Limitation Act, 1980 and would be statute barred. This means that, quite simply, provided you had made no payment towards, nor acknowledged the debt in writing, then once you have informed them that you are not going to make any payment, because the 'debt' is statute barred (the ONLY reason you need give) then these clowns can no longer pursue you, through the courts, and should, according to OFT Debt Collection Guidelines, cease all further attempts to coerce you into paying.
I appreciate that you went down the cca route, which is equally viable, but the 'statute barred' route does not cost anything and places all onus on to the creditor/dca to 'prove' that the 'debt' is enforceable.

For more information, and a template letter, go to:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

Nevertheless - very well done on your result - by NOT supplying you with a true copy of the original signed cca within the allowed time frame, AK ar now guilty of committing a criminal offence.

HappyGoLucky_2

I fully concur with rog2. The less effort on our part to educate Aktiv the better. Why should we pay postage to reply to a company who cannot even create a proper english letter?