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Aktiv Kapital (UK) - Who Are They?
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i to have had the letter from debt managers saying i ow over 200 pound from aktiv kapital from when i have no idear but they did this to me 4 months ago which was somethink els another debt aparently and i had to get a loan to pay debtmanagers off they hounded me when i asked how much was the original debt they would not give me any real information and was very nasty told me to have my broad band turned off so i could save money and pay the debt off!!!!! cheeky mf!! so now a new demand has hit the mat im sick of it feel like they are head hunting me please can someone help me im a newbie great site thanks0
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I owed money to GE capital in Oct 2002 and had a CCJ registered. I have since satisfied this debt in August 2005. However, Akitv have this debt first defaulting in Jan 2003. and being satisfaied in Jan 2007. I have written the letter below and have contacted them on numerous occassions. This debt is now affecting my ability to obtain a mortgage.
Dated: 21st July 2008
Aktiv Kapital (UK) Ltd
Merchants House
Hamilton Place Chester
CH1 2BE
Re: XXXXXX – Incorrect Credit File entry – C22.
I have asked Experian to look into a default that is on my credit file. The default is for:
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX- £ 1025
The information you hold on me is incorrect. The above debt was from GE capital, a Dorothy Perkins account. A CCJ was entered against my name on 17th Oct 2002 for the above debt. This was entered by Eversheds Solicitors – Case No XXXXXX at Northampton County Court. This debt was satisfied on 22/08/2005.
Please find enclosed the CCJ satisfaction certificate. When I attempted to satisfy this debt in 2005 I was advised to contact Aktiv first to get the account number. You advised me there was no account listed in my name at all and I was to go back to my credit provider. After I had spoken to GE they finally gave me an account number which enabled me to receive the required documentation from Eversheds solicitors to prove the debt had been repaid.
As this Judgement was entered on 17th October 2002. I fail to understand why you have recorded this debt as first defaulting on 29/01/2003. Surely to be able to enter a judgement a default would have occurred before the judgement? You have also registered this debt as being satisfied on 04/02/2007. This is also incorrect.
I therefore bring your attention to the enclosed original Certificate of satisfaction and ask you to correct you records at your earliest convenience. This incorrect information has affected my credit and has resulted as a decline during a mortgage application.
May I also remind you that under the Data Protection Act 1998, this taking the place of the earlier Data Protection Act 1984. This gives the data subject (myself) rights to information held about me and gives the data controller (you) obligations as such.
I now bring your attention to the ‘Rights of the data subject’. Sections 5, 6 and 7 as follows:
5 The right to compensation
An individual can claim compensation from a data controller for damage and distress caused by any breach of the Act. Compensation for distress alone can only be claimed in limited circumstances
6 The right to rectification, blocking, erasure and destruction
Individuals can apply to the court to order a data controller to rectify, block or destroy personal details if they are inaccurate or contain expressions of opinion based on inaccurate information.
7 The right to ask the Commissioner to assess whether the Act has been contravened
If someone believes their personal information has not been processed in accordance with the Act, they can ask the Commissioner to make an assessment. If the Act is found to have been breached and the matter cannot be settled informally, then an enforcement notice may be served on the data controller.
I therefore request immediate action be taken to rectify your mistake and the credit file entry be amended accordingly.
I trust this is satisfactory and anticipate your urgent response.
I have had no response. I am under the impression I can now contact OFT and request the commissioner to deal...Is this correct?
Many thanks0 -
I have recently received a letter from Thames Credit (on behalf of Aktiv Kapital) claiming i owe 843.24 in relation to Ge Capital (Time Retail finance), I have already sent a letter to Debt managers (also acting on behalf of Aktiv kapital) on the 26Th March 2008 about this debt pointing out the Limitation Act 1980 Sec 5 . Should I send another letter (as downloaded form your site) and refer to the first, or should i not refer to the first at all. I was under the impresion that it was harrasment to chase this debt,or are they allowed to do this as it is a different name at the top of the letter ?
Any previous correspondence about this debt was over 6 years ago.0 -
I have already sent a letter to Debt managers (also acting on behalf of Aktiv kapital) on the 26Th March 2008 about this debt pointing out the Limitation Act 1980 Sec 5 . Should I send another letter (as downloaded form your site) and refer to the first, or should i not refer to the first at all. I was under the impresion that it was harrasment to chase this debt,or are they allowed to do this as it is a different name at the top of the letter ?
It is most certainly against the Office of Fair Trading Debt Collection Guidelines for a creditor to use more than one dca to pursue the same debt, as this can create confusion.
Equally, under the same guidelines, a creditor/dca should cease all attempts at pursuing the 'debt' once a 'debtor' has told them that he will not pay, as the 'alleged debt' is statute barred:
http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
Personally, I would be more inclined to report them to the Trading Standards, rather than go through the 'letter' writing process again.
You should, also, report Debt Managers to the Trading Standards department - if they have 'sold' the debt on to Thames Credit, then they could also be in breach of the Data Protection Act, 1994, and may need reporting to the Information Commissioner's office.I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.
HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7
DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS0 -
Rog 2 , Thank you for your guidance on this matter. I will contact Trading standards and inform them of the above matter. I have been an avid user of this site for a couple of years and have used the advice within on a number of occasions, but i have only just become a member for forum use due to this matter. What a breath of fresh air it is to get advice from impartial people that genuinly want to help.
Rgds
Stikki670 -
Latest update!!!
Call Serve have written again to tell me how dissapointed they are that I haven't contacted them and they are now instructing a local Debt Collector to call on me for payment. They have cc'd their letter to Field Operations Response Unit :rotfl:
I await their visit“You can please some of the people some of the time, all of the people some of the time, some of the people all of the time, but you can never please all of the people all of the time.”0 -
There's a lot to read here about these people and maybe I missed this one but, Aktive Kapital and Thames Credit are one and the same company.
A letter arrived at our address in may from Thames Credit, claiming to be acting on behalf of GE Capital Bank, demanding about £1700 of a person who has never lived here.
I wrote them a 'to the point' letter, after looking them up on WWW and finding out their scurrilous business, and they were apologetic and said thay wouldn't bother us again.
Guess what....they're back !!
Letter arrived today from Thames Credit, demanding money. This time they're acting on behalf of Aktiv Kapital and are using exactly the same 'account number' they quoted before.
Well, I'll right them another forthright letter and see what they say this time.
They'd be better off fishing off the pier, they might catch something there. This sort of behaviour should be ILLEGAL as some mug might cough up to get rid of them.0 -
Please report them to the OFT, the Information Commisioner and the trading Standards nearest their office.If you've have not made a mistake, you've made nothing0
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lightmaster wrote: »Hi
I was contacted by AK in June 2005 regarding a dept from feb 2000. After some bullying tactics I ruluctantly agreed to pay of the dept. In September 2007 I wrote to them and said that I was stopping payments until they could provide a copy of the original credit agreement. I was originally under the impression that the original dept was settled by my employer as part of a severance agreement. This turned out not to be the case.However I was worried that I may be taken to court and reluctantly mayed payments. I wrote to them after reading that in order to enforce the dept they would have to provide a copy of the original credit agreement. Chancing my arm I also requested repayment of the £5k that I had already paid ( this was mostly intrest on the original amount of around £2k). I had no correspondance from them until a few weeks ago when they started phoning and requesting payment.
My quetion is this
As I made payments does this put me in a weak position?
Should I stick to my guns and continue to ask for a copy of the original agreement?
Interestingly enough on of their opperators let slip that they wouldn't take court action to enforce this but would continue to persue me by phone and letter.
( they no longer have my address only a work phone number)
They are not the original creditor and they purchased the outstanding balance and the right to collect the balance along with interest. " we did not purchase your actual Agreemant, consequently we have no obligation to provide you with a copy of that agreement"
They go on to say that have tried to obtain a copy of the original agreement but have been advised that it is not available.
They also say that there is no reason why the collection activities should be suspended as I have previously made payments which in its self is an admition of liability
" We are the legal owners of your account and your liability is now to us in respect of repaying the outstanding balance that was purchased by this group of companies"
Any thoughts on what should be in my reply
Regards0 -
lightmaster wrote: »They are not the original creditor and they purchased the outstanding balance and the right to collect the balance along with interest. " we did not purchase your actual Agreemant, consequently we have no obligation to provide you with a copy of that agreement"
Hi lm - That must be about the most limp wristed ever reply from AK - it is total !!!!. The very fact that they were chasing you for this 'debt' means that they must legally abide by the terms and conditions of the Consumer Credit Act, 1974 and provide you, within 12 working days of your request, with a true copy of the executed consumer credit agreement whether they were the original creditor or not.
They have no right to 'collect the balance along with interest' unless they have, and can provide you with, a true copy of the cca and the deeds/letter of assignment.
This 'debt' is, therefore, currently unenforceable by AK, unless they take you to court, in which case you would, in your defence, state that they have refused to comply with yor request for a true copy of the executed cca, as is your right and their legal obligation under the Consumer Credit Act 1984.
Have you sent them any other letters, other than the original cca request?
I have to say I am totally 'gobsmacked' at their reply.I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.
HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7
DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS0
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