Aktiv Kapital (UK) - Who Are They?

BAILIFFCHASER

WEEGIE wrote: »

:beer: Yesterday (19/04/08) This letter arrived from Debt Managers Ltd;
Dear Sir/Madam

Client: AKTIV KAPITAL FIRST INVESTMENT
Our Ref: xxxxxxxxx
Client Ref: xxxxxxxxxxxxxxxxxxxx

We refer to your recent request for additional documents/information and write to advise our client AKTIV KAPITAL FIRST INVESTMENT are unable to provide any further details.
In these circumstances, we have closed our file and returned it to them.
We can confirm no further action will be taken by Debt Managers Limited in relation to this account.

Great news :rolleyes: . I await in anticipation for the next set of numptys to try and get money from me when it is not even owed. I hope this has been of some hope to all of you.:rotfl:

Probably a letter from aktiv themselves.

WEEGIE

BAILIFFCHASER wrote: »

What you mean is a letter like this one ?

Yes Bailiffchaser that letter is exactly the same, word for word, in fact, that is the second time I have had a letter like that.

BAILIFFCHASER

WEEGIE wrote: »

Yes Bailiffchaser that letter is exactly the same, word for word, in fact, that is the second time I have had a letter like that.

what you need to do is send aktiv kapital a cca. Wait for their reply and then once recieved write back to them and warn them that they either remove the entry from your file or you will take legal action against them. This should solve your problem. If it does not then post back here and i will steer you around as and how to do it. It is very easy but i do not want them to catch on to this.

cockneyuk

Hey all,
Great to read about these cretins as they are also chasing me for a debt I have no knowledge of.
They say I didn't pay for what i believe is some hi-fi equipment i brought on finance around 2000/01, this was not a buy now pay later agreement but a set monthly amount paid by direct debit. I am waiting for the paperwork to come from my bank to verify it was all paid but if not surely it must be the banks fault ?
I challenged them as to why no one had been in contact with me before and they said the debt had probably been sent to a smaller collection agencie who don't have the tracing power they do ? Sounds like bull to me, I have lived in the area most of my life and been on the electoral roll at every address and always had the same bank.
Anyway, my point for posting is they keep calling me at work, on my work number, this is causing me a problem at work, is it legal for them to harass me in this manner ? I have told them I am waiting for my bank to send me details of payments before I do anything else. I will send them the letter mentioned in this thread if there is anything that doesn't add up from the bank details but I need to stop them calling me at work.
Strange thing is, I have never been refused a cedit card, I have four for tarting with !! Access to loans, finance and got a mortgage last year! My mortgage co. said my credit score was excellent, how can this be if I owe this mob £350 and it's been passed from agency to agency for 8 years ?

Thanks for any advise offered

Cockney

BAILIFFCHASER

This is what the law says :


Limitation Act 1980 (-)
Search lawindexpro for case law on this statute.

This document is for private study purposes only. It is likely not to reflect the law as it stands today. It may be incomplete, and some provisions are likely to have been repealed or amended, and new ones inserted.

2. Time limit for actions founded on tort
An action founded on tort shall not be brought after the expiration of six years from the date on which the cause of action accrued.

5. Time limit for actions founded on simple contract
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.

8:--
(1) An action upon a specialty shall not be brought after the expiration of twelve years from the date on which the cause of action accrued.
(2) Subsection (1) above shall not affect any action for which a shorter period of limitation is prescribed by any other provision of this Act.

9.--
(1) An action to recover any sum recoverable by virtue of any enactment shall not be brought after the expiration of six years from the date on which the case of action accrued

10:--
(1) Where under section 1 of the Civil Liability (Contribution) Act 1978 any person becomes entitled to a right to recover contribution in respect of any damage from any other person, no action to recover contribution by virtue of that right shall be brought after the expiration of two years from the date on which that right accrued.
(2) For the purposes of this section the date on which a right to recover contribution in respect of any damage accrues to any person (referred to below in this section as "the relevant date") shall be ascertained as provided in subsections (3) and (4) below.
(3) If the person in question is held liable in respect of that damage—
(a) by a judgment given in any civil proceedings; or
(b) by an award made on any arbitration;
the relevant date shall be the date on which the judgment is given, or the date of the award (as the case may be).
For the purposes of this subsection no account shall be taken of any judgment or award given or made on appeal in so far as it varies the amount of damages awarded against the person in question.
(4) If, in any case not within subsection (3) above, the person in question makes or agrees to make any payment to one or more persons in compensation for that damage (whether he admits any liability in respect of the damage or not), the relevant date shall be the earliest date on which the amount to be paid by him is agreed between him (or his representative) and the person (or each of the persons, as the case may be) to whom the payment is to be made.

Special time limit for actions in respect of personal injuries
11:--
(1) This section applies to any action for damages for negligence, nuisance or breach of duty (whether the duty exists by virtue of a contract or of provision made by or under a statute or independently of any contract or any such provision) where the damages claimed by the plaintiff for the negligence, nuisance or breach of duty consist of or include damages in respect of personal injuries to the plaintiff or any other person.
(2) None of the time limits given in the preceding provisions of this Act shall apply to an action to which this section applies.
(3) An action to which this section applies shall not be brought after the expiration of the period applicable in accordance with subsection (4) … below.
(4) . . . [T]he period applicable is three years from – (a) the date on which the cause of action accrued; or (b) the date of knowledge (if later) of the person injured."

14A
. . .
(5) For the purposes of this section, the starting date for reckoning the period of limitation under sub-section (4)(b) above [i.e. three years] is the earliest date upon which the plaintiff or any person in whom the cause of action was vested before him first had both the knowledge required for bringing an action for damages in respect of the relevant damage and a right to bring such an action.


this is the letter you want to send but do not sign it !!!!!!












WITHOUT PREJUDICE
Dear Sir/Madam,

Acc/Ref No

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would 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.”

I would also point out that the Office of Fair Trading say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

Your last communication is a notice of intent to issue a county court claim.

The OFT guidance states that you should not attempt to mislead me by saying you may take legal action against me when you cannot.

The FraudAct2006. “Fraud must give a gain of money or property”
The Act creates a new general offence of fraud with three ways of committing it, one of these is:

* Fraud by false representation

Section 2 Fraud by false representation
(1) A person is in breach of this section if he-
(a) dishonestly makes a false representation, and
(b) intends, by making the representation-
(i) to make a gain for himself or another, or
(ii) to cause loss to another or to expose another to a risk of loss.
(2) A representation is false if-
(a) it is untrue or misleading, and
(b) the person making it knows that it is, or might be, untrue or misleading.
(3) "Representation" means any representation as to fact or law, including a representation as to the state of mind of-
(a) the person making the representation, or
(b) any other person.
(4) A representation may be express or implied.
(5) For the purposes of this section a representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention).

Your letter dated 12 november 2007 in which you state that you are preparing papers for court to be served upon me is a breach of OFT rules and the guidelines of the Civil Court Users Association, of which you are a member. The letter is also an attempt to enrich yourselves by making a false representation in that you may use the Civil Procedures to take action against me. Such behavior could be fraud as defined above.

I await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

If you continue to harass me I will take action against you in the County Court for damages, and costs in dealing with this matter.

I will also lodge a complaint with the OFT, medway Trading Standards and the Financial Ombudsman. Whilst I appreciate this would not deter you from your potentially illegal actions there is the chance that if enough consumers make valid complaints you may get your Consumer Credit License revoked.

Additionally you are required to remove any default or registration with any credit reference agencies which you have made. If you fail to comply with this within 28 days, I will take action in the County Court against capquest and capquest debt recovery Ltd for breach of the Data Protection Act.


Finally any attempt to use civil procedures to obtain monies from me will be vigorously defended as an abuse of the legal process. A counterclaim for damages will be issued together with a claim for full costs.

I look forward to your reply.

Yours faithfully


Put the relevant name address and reference number on and post !!!!!

johnme

I have had missed calls of this company and txts asking for replys they have not sent any letters out to my address what should I do ??????

WEEGIE

johnme wrote: »

I have had missed calls of this company and txts asking for replys they have not sent any letters out to my address what should I do ??????

Personally speaking I would wait until I got a letter from them telling you what they want, don't phone them or reply to texts as they can be pretty nasty and may try to bully you into something you may or may not be able to handle, always write to them and keep a copy of anything you send. Take a look at other posts on this thread and you will get the drift. Just ignore their calls and texts.:beer:

WEEGIE

Hi johnme just a reminder, wait until they write to you.

kitty1977

hi there - i went to pick up a letter from an old address and discovered to my distress a letter exactly like and earlier fellowe forum member. in my working life i cannot risk any legal intanglements so foolishly called the number! i denied all but did say i lived at the addresses they had for me...she eventually told me what the debt was for...it was long time ago so the memory is vague. i said it could be mine but required proof - which she couldn't supply and then when i insisted saying that they would not get anywhere without proof...all of a sudden she asked for the request in writing and then they could tell me all. i think if this debt is mine i want proof and details of the last payment....to establish whether it is statute barred...but how can i without writing for it?? This could constitute acknowledgment....?? any ones comments welcome...thanks xxx:mad:

WEEGIE

kitty1977 wrote: »

hi there - i went to pick up a letter from an old address and discovered to my distress a letter exactly like and earlier fellowe forum member. in my working life i cannot risk any legal intanglements so foolishly called the number! i denied all but did say i lived at the addresses they had for me...she eventually told me what the debt was for...it was long time ago so the memory is vague. i said it could be mine but required proof - which she couldn't supply and then when i insisted saying that they would not get anywhere without proof...all of a sudden she asked for the request in writing and then they could tell me all. i think if this debt is mine i want proof and details of the last payment....to establish whether it is statute barred...but how can i without writing for it?? This could constitute acknowledgment....?? any ones comments welcome...thanks xxx:mad:

Hi there kitty1977, you are right in wanting to make sure the debt is yours, let them make the first move. Whatever you do, do not admit, either by phone or letter you owe them any debt, as going by what you say it is a very old debt which may or may not have been written off by the original creditor. If and when they write to you, there are letters which you can use on this site, but whatever you do please do not sign your letter, as they can try and forge your signature. If this sounds like double dutch, take a read through some of the other posts on this.:D