Aktiv Kapital (UK) - Who Are They?

phatlad

rog2 wrote: »

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

thank you very much, much appreciated

phatlad

one other thing do they ever stop even after you can prove no liability or just move you to another debt company

rog2

phatlad wrote: »

one other thing do they ever stop even after you can prove no liability or just move you to another debt company

Not always - but they SHOULD stop.

privateryan_2

I have a situation that is near enough identical to Phatboy’s… except mine is a bit different because I’m an IDIOT.

I started to receive threats from Thames Credit a number of months ago in connection with a debt that has nothing to do with me (I have a very common name sadly)… and sure enough the letters and phone calls were at max settings..

I got scared of the idea of my partner stumbling across one of their letters threatening Court/CCJs etc… or a collection agent visiting our home and her thinking I was in financial trouble… particularly as she was 7/8 months pregnant with my daughter at the time….
:eek:
… So (and you're going to kill me for this) I paid it (at their ‘once only in a lifetime reduced rate sale bonanza price!’)… I KNOW it was stupid now, and I know now that paying it is as good as saying ‘sure thing Thames Credit… I totally acknowledge that debt!’
But having read up on here (:money:) , I know a bit more about where I stand (or stood… lol), and sent off a request for the CCA retrospectively, they have failed to provide anything for over 2 months, but I eventually got the same response as Phatboy when I demanded a refund of all monies paid and removal of all defaults as they failed to evidence that the debt was enforcable:

"We are not the original creditor, we did not provide you with the original credit facility. We purchased your outstanding debt balance and right to collect that balance, together with the right to apply intrest in accordance with your original credit agreement. We did not purchase your actual agreement, consequently we have no obligation to provide you with a copy of that agreement."

The problem is, Thames Credit have registered a default against me (now status ‘settled’ as per paragraph 1 Re: 'me being an Idiot'), and of course the address that this debt is from is now linked to me, and I have ANOTHER DCA (Lowells) after me for another debt that isn’t to do with me, and they have also registered a default against me.

Lowells HAVE supplied the a CCA, but it does not contain the necessary prescribed terms rendering it unenforceable (and of course the signature doesn’t match mine), so I’ve not paid that one and am still fighting them on it…

Anyway… how do I force Thames to remove the default? Surely a Default can only be valid if the original agreement is true, executed and there is proof that the debt even exists (and belongs to me)!! Interestingly the company named on the default is Thames Credit and not the ‘original creditor’… and yet they so staunchly advocate that they are ‘not the original creditor’… How is it they have the right to register a default, but are not obliged to supply the original agreement to which the ‘alleged debt’ refers?
:mad: :mad: :mad: :mad:

rog2

privateryan wrote: »

I have a situation that is near enough identical to Phatboy’s… except mine is a bit different because I’m an IDIOT. [quote]

Hi pr - First of all - falling for the lying and cheating tactics of Thames Credit does NOT make you an idiot - just another unwitting victim of their criminal actions.

Whilst they MAY have purchased an outstanding 'alleged debt' in your name, they are STILL obliged to provide you with a true signed copy of the original cca, whether or not they are/were the original lender.

Whilst I have not, personally, had experience of reclaiming any money paid to a dca who have not been able to supply the correct agreement, there is one particular poster (weller711) who has done so on at least two occasions. I suggest that you send her a pm (I will also bring her attention to your post).

Thames Credit do NOT have the right to register a default against you for an 'alleged debt' for which they have been unable to supply a true signed copy of the original cca.

I suggest that you talk to National Debtline - 0808 808 4000 - or CCCS, who will be able to advise.

In the meantime I will try and make weller aware of your post.

Good Luck.

moonlightpjs

Apologies for taking so long to reply but my modem packed up and I've been trying to install a homehub :eek:

Anyway, first of all they cannot register a default against you without supplying you with a true CCA, that is illegal and they need reporting to Trading Standards straight away, make a formal complaint to TS they have committed an offence by not responding correctly to your CCA request - no matter what they are stating - in order to collect the "alleged" debt they have to provide proof of this debt. Have they actually sent you a "default notice"?? If not, another offence.

Secondly I would write and ask them for a copy of their complaints procedures - something like this:-

Dear

Please send me a copy of your complaints procedure. You are in breach of my request under the CCA 1974 as well as numerous breaches of OFT guidelines. Failure to respond to this letter within 14 days will result in an immediate complaint to the FOS. A complaint about your breaches of the CCA have already been reported to Trading Standards.

I trust this matter will receive your urgent attention

yours etc

As it says in the letter above if they do not reply within 14 days then get in touch with the FOS. HTH xx

privateryan_2

Thanks so much... in their letter telling me to 'get stuffed', they say they are not obliged to provide the CCA or remove the default, they said that I should consider their letter as their 'final response' in regards their official complaint proceedures and that I should go to the FOS within 6 months if I've got a problem with it.

They say that I 'misunderstand their obligations' under the consumer credit act 1974 and DPA '98.

They then spend the rest of the letter dictating to me about the guidelines of the Credit Services Association (CSA)! Erm... and they have *what* authority in this matter?

Grrrr... well I guess the only option I'm left with is to send a letter and copies of all the correspondence between me and them straight to the FOS?

**Updated, I've now sent the official complaint form on to the FOS with copies of the latest corres between me and Thames inc. their Final Reponse** - I feel empowered now
:j
May very well come to nothing, but it's well worth a shot!

phatlad

have received a photo copy of old credit card agreement the debt seems to be 7 years old should i just send the the 6 year statute barred letter to thames and if so what reaction should i expect

rog2

phatlad wrote: »

have received a photo copy of old credit card agreement the debt seems to be 7 years old should i just send the the 6 year statute barred letter to thames and if so what reaction should i expect

Yes - providing, of course, that you have made no payments towards, nor acknowledged in writin, the debt for a period of 6 years.
You can expect a letter stating that you 'have a moral obligation' to pay the debt, but they can not pursue you through the courts, and should stop pursuing you altogether.

orbsearcher

Hi Guys,
Am very new to this site and until I googled Aktiv Kapital thought I was the only one they were hassling.

I have recieved regular phonecalls to the tune of 2-3 per week for the last 12 months from these people about a debt with tricity finance from about 13 years ago, when i have told them that i know nothing about the debt and in fact the addresses they have for me I never lived at they reply that a payment was made on the account back in '96 so it must be mine, they also keep promising to send out info to prove the debt is mine that never arrives.
Now I have found this place I will try using the letter that has been posted to see if this helps to sort the problem and will report back what the outcome is.