Aktiv Kapital (UK) - Who Are They?

WEEGIE

Vinnie1978 wrote: »

Cheers for the advice Rog2.
Just don't understand how and why First direct would register that address with the credit agencies when they knew i didn't live there and it was for correspondence only...strange.?

Hi there, the reason they did that is because it is a linked address.

rog2

Vinnie1978 wrote: »

Cheers for the advice Rog2.
Just don't understand how and why First direct would register that address with the credit agencies when they knew i didn't live there and it was for correspondence only...strange.?

It is strange, but they will argue that this is the way 'the system works'.
I'm not 100% sure, but I believe that you may be able to request that first direct remove this information, under the Data Protection Act, as it could cause your Sister-in Law unwarranted stress.

Stutwo

Just thought I'd add my experience with Aktiv Kapital. They started hassling me in 2004 for a debt to Toys R Us for £1005. I strongly denied owing the debt and eventually after admitting they couldn't do anything to prove it was me or force me to pay up, they gave up.

Earlier this year they started it again, for the same debt. I again rang them and told them to prove it. This went on, I received over 6 letters in October 2007 now pointing out there was a CCJ on the debt in 1997. I asked for documentary proof, they denied and kept hassling me. It came to a head two weeks ago with a phone call to them. This is the summary I wrote immediately afterwards and forwarded to my solicitor (names blanked out):

I called Aktiv Kapital on Thursday 8th November at approx 6.35pm, the call was answered by a Mr ******. I quoted my reference number and Mr ****** confirmed my details.

I began by asking Mr ****** for the date of the Judgment they have on record, he supplied the date as being in 1997. I then requested proof of the Judgment or the original debt as evidence on which I could make a decision regarding the issue. He refused to do so, and advised that the debt was bought by Aktiv Kapital from a reputable firm, and that "they wouldn't sell them an incorrect debt." I pointed out that this wasn't exactly helpful in convincing me of the outstanding amount, and that they would then have to take any legal action they saw fit. Mr ****** then said that legal action would not be taken but the debt would be pursued.
I asked if the lack of legal action was due to the judgment on record being in 1997, he replied that the statute of limitations was not the reason for this, as it did not apply. When I asked why that would be, he answered that it was because I had responded to a letter from them both in 1994 and this year. I strongly advised Mr ****** that I had at no time on either occasion admitted any liability to the debt - he told me that as I had called in response to the letters that in itself was an admission of liability. I asked if he would pay money to anyone who asked for it without providing any kind of proof of debt, he advised that was irrelevant and he wasn't prepared to discuss that route any further.
I then asked if the letters were actually prompting me to make a moral decision on the debt rather than enforcing a legal obligation. He answered that yes, that was indeed the case. I then queried the legal threats on the letters received, to which he replied that Aktiv Kapital could pursue the debt in court ultimately but would not clarify the details on this. I asked Mr ****** to then record that if the letters continued I would take legal advice on whether the letters would constitute harassment. At this point Mr ****** then said that "if they wanted to, they could legally contact me up to four times a day." I asked if he was now threatening to harass me over the debt. He said that no, he hadn't said that Aktiv Kapital would contact me in that manner, only that they could. I pointed out that we were now talking semantics. Mr ****** seemed to become a little annoyed and talked over me at this point, and said that as I was now being uncooperative in resolving the issue, the letters would continue and "he would send me another letter out."
I thanked him for his time and terminated the call.

My solicitor then fired off a letter questioning the basis in law on which they base the above answers, and demanding documentary evidence within 7 days. Needless to say, it has not arrived.

The answer in sorting out these bullies is to stand your ground. They make a living by intimidation and threats with no law to back them up usually, as the debts they buy are ones every reputable company wouldn't touch with a bargepole. I can provide wording of the solicitors letter if anyone would find it useful.

GeorgeUK

That's why i would never advice phoning a DCA. Get everything in writing.
If they are unable to produce a copy of the CCA within 14 days, the debt becomes unenforcable unless they go to court. If after another 30 days it isn't produced, any further chasing of this debt by them is a CRIMINAL offence. Hope you also contacted Trading Standards Stu.

One thing to note though - you don't get a CCA with an overdraft so if this is what the debt was for and it is not yet statute barred, be careful.

phatlad

I received a letter from thames credit saying they were acting on behalf of aktiv kapital chasing an old credit card debt. I sent a letter to aktiv in chester asking for original contract with £1 postal order [they received it on 16th nov] and a copy of the letter to thames in kent . thames have just replied saying they received my letter on 21st nov and that are not the original creditor they did not provide me withthe original credit facility. they purchased my outstanding debt balance and right to collect that balance, together with right to apply intrest in accordance with my original credit agreement.we did not purchase your actual agreement,consequently we have no obligation to provide you with a copy of that agreement. they have however enclosed the assignment letter saying the account was sold to olympia capital ASA. can someone please tell me of these various companies who exactly thinks i owe tem money and have i written to the right people i am getting very confused

rog2

phatlad wrote: »

Thames have just replied saying they received my letter on 21st nov and that are not the original creditor they did not provide me withthe original credit facility. they purchased my outstanding debt balance and right to collect that balance, together with right to apply intrest in accordance with my original credit agreement.we did not purchase your actual agreement,consequently we have no obligation to provide you with a copy of that agreement.

Under the terms of the Consumer Credit Act it does NOT matter whether or not Thames were the original Lender. They MUST send you a copy of the original signed cca within 12 working days of your request, otherwise the agreement is 'irideemably unenforceable'.

phatlad

does that mean i should have sent the postal order to thames and not aktiv

rog2

phatlad wrote: »

does that mean i should have sent the postal order to thames and not aktiv

Send it, with the cca request, to the dca that is currently pursuing you.
As a point of interest, it is against the OFT Debt Collection Guidelines for a Creditor to use more than one DCA to pursue the same debt at the same time.

phatlad

rog2 wrote: »

Send it, with the cca request, to the dca that is currently pursuing you.
As a point of interest, it is against the OFT Debt Collection Guidelines for a Creditor to use more than one DCA to pursue the same debt at the same time.

so ionly have to deal with thames

rog2

phatlad wrote: »

so ionly have to deal with thames

Yes - if AK continue to 'harass' you - report them to the Trading Standards Office.