Aktiv Kapital (UK) - Who Are They?

BAILIFFCHASER

Perfect see what their little brains say about it. If they have one.

3kids&thecat

Hi guys

Thanks for all your support!:A

Davebristol

I have Aktiv Capital sending me demands for £2800. The name on the letter demand is not mine. I have written to them over 6 times. I have sent the mail addressed return to sender and still the demands come.

I was reading the posts on this forum a few weeks ago and sent them this letter:


I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose £1 in payment of the statutory fee.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

4. I would also like to point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities, therefore if I do not receive evidence that I owe your company any monies by (date), I will have no hesitation in passing your details to the Office of Fair Trading.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Regarding your threat that a Doorstep Collector will call the owner of this property is denying you or anybody working on your behalf access onto their estate or grounds in relation to this disputed debt, should you or any agent acting for you attempt to gain access to the estate or its grounds, then you will be ignoring your denial of access and the owner of (address), will take legal steps to sue both you and or your agents for trespass, please also note that having a letterbox on the property gives you or anyone working on your behalf neither implied nor expressed rights to enter the properties boundaries, again any instances of trespass WILL lead the property owner to sue both yourselves or any agents working on your behalf.

Today I received this reply:

We return your cheque in the sum of £1.00 as we have been unable to obtain a copy of the signed agreement. Under the circumstances we have closed our file and confirm we will no longer contact you regarding this matter.

RESULT!! :T

They seem to me there are a right load of chancers. One of the letters even offered me a 25% if I paid the amount owed with in a week. :mad:

Good luck every one

WEEGIE

Davebristol wrote: »

I have Aktiv Capital sending me demands for £2800. The name on the letter demand is not mine. I have written to them over 6 times. I have sent the mail addressed return to sender and still the demands come.

I was reading the posts on this forum a few weeks ago and sent them this letter:


I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose £1 in payment of the statutory fee.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

4. I would also like to point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities, therefore if I do not receive evidence that I owe your company any monies by (date), I will have no hesitation in passing your details to the Office of Fair Trading.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Regarding your threat that a Doorstep Collector will call the owner of this property is denying you or anybody working on your behalf access onto their estate or grounds in relation to this disputed debt, should you or any agent acting for you attempt to gain access to the estate or its grounds, then you will be ignoring your denial of access and the owner of (address), will take legal steps to sue both you and or your agents for trespass, please also note that having a letterbox on the property gives you or anyone working on your behalf neither implied nor expressed rights to enter the properties boundaries, again any instances of trespass WILL lead the property owner to sue both yourselves or any agents working on your behalf.

Today I received this reply:

We return your cheque in the sum of £1.00 as we have been unable to obtain a copy of the signed agreement. Under the circumstances we have closed our file and confirm we will no longer contact you regarding this matter.

RESULT!! :T

They seem to me there are a right load of chancers. One of the letters even offered me a 25% if I paid the amount owed with in a week. :mad:

Good luck every one

Hi there,
I don't want to dishearten you, but I also got a letter from Debt Managers telling me that they were closing the account and I would not hear rfom them again..... Wedensday morning guess what .......this arrived
Settlement Opportunity- up to 25%(discount available)
Your overdue account has been identified as qualifying for a discount.
We have negotiated a range of special settlement terms with a number of our clients.
We are pleased to be able to offer you -without prejudice- a significant reduction.
Call us immediately to confirm the amount and the date you expect to make payment.
A dishonoured cheque will make this offer void and the full balance becomes due immediately.
Credit and Debit card payments will secure this offer on the day of your call.
Settlement of this overdue account may help to improve your financial status.

As you see they will continue to harass you. Hope you have better luck than I have had.:beer:

BAILIFFCHASER

I would write back. Enclose a copy and tell them that you will have them under the harassment act. Also make sure the second letter was sent or dated b4 the first on.

rog2

WEEGIE wrote: »

Hi there,
I don't want to dishearten you, but I also got a letter from Debt Managers telling me that they were closing the account and I would not hear rfom them again..... Wedensday morning guess what .......this arrived
Settlement Opportunity- up to 25%(discount available)
Your overdue account has been identified as qualifying for a discount.
We have negotiated a range of special settlement terms with a number of our clients.
We are pleased to be able to offer you -without prejudice- a significant reduction.
Call us immediately to confirm the amount and the date you expect to make payment.
A dishonoured cheque will make this offer void and the full balance becomes due immediately.
Credit and Debit card payments will secure this offer on the day of your call.
Settlement of this overdue account may help to improve your financial status.

As you see they will continue to harass you. Hope you have better luck than I have had.:beer:

That is one letter that you can, comfortably, throw in the bin, WEEGIE. It is common for Debt Collectors to 'offer' this 'reduced settlement discount' as an attempt to divert the alleged debtor's attention away from the fact that the 'alleged debt' is legally unenforceable.
However, and by all means, certainly report them for Harassment.

Saz_C

Saz_C wrote: »

I also received a letter from Debt Managers this morning, saying that I owe 1,000 to Aktiv Kapital.

I have seen the letter that you recommend that I send; however, they have so many of my details wrong (middle name, second line of address, post code) that I am loath to contact them in case they get the correct details.

Is anyone able to offer any advice?

Further to my earlier post, I have ignored the letters as the address on the letters is wrong and they have my middle name wrong. I also know that I don't owe any money (yes, I have credit cards but I have never missed a payment).

Now they have sent me a letter saying that their 'doorstep agents' will start to call at mine. I appreciate that they are just trying to bully me, but it is working... I am worried. Can they really call? I thought that bailiffs required a county court judgement before they could come onto my property.

As I said in my original post, I am loathe to contact them because they have got SO many of the contact details wrong. I am covinced that they are just fishing (I have a pretty common name) and I don't want to confirm my actual details with a company as vile as this one.

Is anyone able to offer any advice please?

rog2

Saz_C wrote: »

Now they have sent me a letter saying that their 'doorstep agents' will start to call at mine. I appreciate that they are just trying to bully me, but it is working... I am worried. Can they really call? I thought that bailiffs required a county court judgement before they could come onto my property.

'Doorstep Collectors' are not Bailiffs, Saz. Only the Court can authorise Bailiffs to call at your house - and, even then, they must give you fair notice of when they will come.
If a 'Doorstep Collector/Agent' tries to mislead you about his 'powers', which are, in fact, almost negligible, then you should report them to the Trading Standards.
A 'Doorstep Collector' has no legal right of entry - peaceful or otherwise - to your home. They can not sieze, or threaten to sieze, your goods. You have no legal obligation to discuss the 'alleged debt' with them and they must leave immediately when you ask them to.

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

bestyman

Rog 2 is correct, it reminds me of the time debt collector knocked on my door trying to mislead me about his "powers"

DC: ( talking sternly) Ive come to collect the money you owe.etc etc

ME: Your implying that an arrangement has been made ,which it hasnt , and also that I am oblidged to pay you money , which Im not .

DC: But you .........etc etc

ME : Can I stop you there. You know, in this life there is a right and a wrong way to do things

DC ( looking confused) what to you mean?

ME: Well in our fair and just land when one owes a debt the right way is for an impartial judge to decide right from wrong and who pays who ,how much and when.

DC; ( blank stare)

ME: Then of course there is the wrong way, thats for some commision driven
person, to call at my home when Im having me tea ( sorry yorkshire accent) trying to mislead me into parting with my cash and your breaking the law!

DC: Im not breaking the law.

ME: Yes you are, trespass.

DC: Its only trespass if you ask me to leave and I dont go.

ME : Well F@@K off and leave then .

DC: ( turns and wals away without saying a word)

ME : PMSL

3kids&thecat

Hi Guys!

With regards to the SAR that i'm going to send (haven't been able to get to the post office due to unforseen circumstances) - can I send a postal order for the £10 and do I write - only for sar fee, not for account payment - on the back of that?

Many thanks for your replies :A