Aktiv Kapital (UK) - Who Are They?

ukmashy

Good morning people. I apologize for being a little late in keeping you up to date with the "problem" I posted on here.
I wrote to the vultures on the 12th Jan explaining the situation and to this date have not heard anything from them in response.
I give my heartfelt thanks for the advice that was given on here and I hope the site goes from strength to strength!
Again, many thanks and good luck in the future.
yours sincerely,
Mashy

john_bhoy

excuse my ignorance,if AK dont have a copy of the original leaflet/flyer thing I signed 7 years ago(I have paid toward it so cant statutory barr) for my overdraft their chasing the cannot chase the debt?

Sorry for being thick,had so much jargon from them,and thanks for any reply:beer:

3kids&thecat

Hi All!

Where to start without sounding awfully stupid:embarasse. This christmas, OH received several letters to his mum's address from Aktiv Kapital. We we busy arguing through the whole period so he chose not to tell me. He brought the letters home and I found them when I was cleaning (he didn't hide them very well!!!)

The letters were for a debt of £10,000+ which I understand has been bought by Aktiv. I know what the debt was for and it has definately been 6 years plus. However...(the stupid bit) Due to our constant arguing of late I (who is usually the one who takes a breath and sorts out the money stuff) Freaked out and eventually got him to ring them and we paid them what we could afford (£20) to get them off our back for now. I have mentally kicked myself in A*** for not being a bit calmer and reading the threads sooner.

Will the fact that he has made a payment be an aknowledgement of the debt?

The debt was originally for a loan of about £8,000 which he took out in 1999 to buy a car with when we broke up a few years back. He was then quite depressed and as result lost his job and was unable to keep up with the payments on this and a couple of other places he owed smaller amounts to. We got back together in 2000 when our daughter was born and have been together since. We were then contacted by another company Robinson, Way & Co for one of the other debts which we agreed a monthly payment for and was finally settled. However he heard nothing from Barcleys about the other loan until it surfaced just recently through Aktiv.

Is there anything we can do or have we scuppered our chances by caving in to their threatening letters? Any advice would be much appreciated!

RAS

Hi

If there was a 6 year gap between your recent payment and the last one that you/he made prior to that, then it remains statute barred.

AK are buying up all mannner of old debts and we get several flk a day with this. At least you did not pay back 313,00 like one couple today.

i would be inclined to send out the statute barred letter anyway. They have to prove that the previous payment was in the time span, not you.

3kids&thecat

Hi RAS,

The £20 payment we made was just this Feb (6th 2008) by me, after I saw what I think was the 4th letter OH had recieved which mentioned an application for a CCJ if we didn't get in touch. No other payments were made previous to this since the last one which would have been about 1999. My OH is terrible at keeping records of anything which is why I take care of it - that's if he tells me in the first place or if I'm just left to find out!

RAS

if you made no payments between 06.02.2002 and 06.02.2008, it remains statute barred. The DCa can contact you to ask you (nicely) if you would like to continue paying but they cannot enforce the debt.

Once you tell them that you are not paying, they are not legally allowed to pursue you any further, alothough they may try and push it.

Can I just check how you paid? if it was credit or debt card, you really need to get a replacment card, as we have had a number of instances when DCas have taken substantial additional sums that were not fully authorised and there is nothing the banks can do about it.

Will post the statute barred letter in a few minutes.

3kids&thecat

Hi RAS

Thanks for that. I made the payment with my debit card (my name).

They told OH next payment would be due on March 6th. Do they record telephone conversations and if they do can they use that as evidence that he aknowledged the debt?

I'm just worried that they will see it as a U-turn by us once they receive the letter.

RAS

Right

It is statute barred. Unfortunately they have your debit card details, so they will collect the next payment unless you stop them first. legally you are entitled to do this, but you need to talk to your bank about getting a new card. There should be plenty of time for that.

Acknowledgement of debt has to be in writing, so forget the phone call. Also, since the 6 years elapsed some two three years ago, acknowledgement is no an issue here.

If they write back, you might want to tell them that they took advantage of your lack of knowledge regarding the law and possibly that they misrepresented the situation to you (both no noes as far as the OFT Guidelines) and that you have since taken legal advice on the situation. On the basis of this, you are making no further payments.

You would be advsied just to ring national Debt line as then you will be more confident about the situation.

here is the letter nicked from fermi

Have a good read through the information in the factsheet linked to below:

Factsheet | Liability for Debts and the Limitation Act

There is even a letter to send stating that you will not be paying the debt as it is statute barred.

National Debtline are free and impartial, so if you need some reassurance regarding your position then a chat with one of their advisors often helps.

fermi

National Debtline have a factsheet on the Limitation Act.

Link: Factsheet | Liability for Debts and the Limitation Act

In it it says:

ADVICE
If you have started to make payments on a debt where there was more than a six-year gap then it is probably unenforceable. Phone us for advice.

And if I was you I would phone them to get reassurance that the debt is still barred if you stop paying now, but it is barred.

The SB letter is at the end of the link above.

fermi

Snap! RAS.:D