Aktiv Kapital (UK) - Who Are They?

RAS

Tre-beam

There is nothing that they need to confrm, this is just a chance to try and get you to agree to pay an unenforceable debt.

So sit tight for a couple of weeks.

~Chameleon~

RAS wrote: »

If they start court action they have to provide details of the debt, then do a full SAR request which forces them to disclose everything they have regarding the debt.

If this dies not arrrive in time, then your defence is you have not idea what the debt is and wwant the case delayed until the twits provie that information.

Thanks, that makes sense actually. I'll just continue to ignore them then and see what happens

princesspop

Oh my word, I have just had a horrible conversation with an arrogant woman from a different Debt Recovery Agency called DLC. I have been mainitaining payments on a debt that I do owe for the last year, and they are now pressurising me to pay more or settle in full. Neither of which I am in a position to do. She has rather scarily informed me that they do not have to agree to payment arrangements, and when the debt was given to them they wanted to collect the whole debt in 6 months, and they have graciously allowed me time to collect the amount(!!). She now says that, although they are only supposed to set up an agreement for 3 months she will do it for 6, but at the end basically if I don't have the whole amount they will take legal action against me. She also stated this something their legal team wants to do now, and out of the goodness of their hearts(!!) they are giving me 6 months. HELP!! Can they do this? :eek:

WEEGIE

princesspop wrote: »

Oh my word, I have just had a horrible conversation with an arrogant woman from a different Debt Recovery Agency called DLC. I have been mainitaining payments on a debt that I do owe for the last year, and they are now pressurising me to pay more or settle in full. Neither of which I am in a position to do. She has rather scarily informed me that they do not have to agree to payment arrangements, and when the debt was given to them they wanted to collect the whole debt in 6 months, and they have graciously allowed me time to collect the amount(!!). She now says that, although they are only supposed to set up an agreement for 3 months she will do it for 6, but at the end basically if I don't have the whole amount they will take legal action against me. She also stated this something their legal team wants to do now, and out of the goodness of their hearts(!!) they are giving me 6 months. HELP!! Can they do this? :eek:

If you are keeping up your payments to them, there is not a lot they can do to force you to pay more, they can try to persuade you to pay more.You have to have enough money to pay your rent/mortgage and other household bills.They have agreed to accept payment from you,(an amount that was agreed) if you have stuck to that there is nothing they can do. I hope this may help put your mind at rest. There are other people here who are very good in this field, notably RAS, rog2. They will be able to help you further. What I have said is my understanding of the law. Best wishes WEEGIE.

princesspop

WEEGIE wrote: »

If you are keeping up your payments to them, there is not a lot they can do to force you to pay more, they can try to persuade you to pay more.You have to have enough money to pay your rent/mortgage and other household bills.They have agreed to accept payment from you,(an amount that was agreed) if you have stuck to that there is nothing they can do. I hope this may help put your mind at rest. There are other people here who are very good in this field, notably RAS, rog2. They will be able to help you further. What I have said is my understanding of the law. Best wishes WEEGIE.

I was starting to feel a little stressed by the whole thing. And she was so convincing and confident, I just want to know where I stand if they start getting heavier.

lightmaster

Hi Folks
The saga continues
I sent the 30+ letter as suggested by rog22 and here is a summary of their reply

We acknowlege reciept of your letter and note the contents
We told you in August that a copy of the agreement is not available and our position remains the same.
They have no legal obligation to give a copy of the deed of assignment, but do so as a matter of good business practice.
They have asked for documentation to confirm the dispute ( anything from the original creditor (GE Capital))
Unless they recieve the information they will not investigate the dispute and will return the matter to the collections proccess.

The copy of the Deed of Assignment has had all the dates blanked out "due to the confidential nature of this" , does not mention the acctual account in question nor my name and is not signed nor witnessed.
They have also enclosed a copy of the payments I have made.

My thoughts are to write back and reiterate the contents of my previous letter requesting the CCA or a refund etc.

Any thoughts anyone
LM

RAS

lightmaster

What we seem to be seeing with a number of DCAs is a war of attrition regarding debts that are unenforceable.

You have not indicated in your posts so far what the debt related to? Is it covered by the CCA Act?

If so, then legally, without a CCA the debt still exists but there is no obligation for you to pay.

The fact that you paid for two years is wholly irrelevent as you are not claiming the debt is statute barred.

GeorgeUK

I don't think there is any legal basis on which you can request a refund. As they can't provide a copy of the CCA, you don't need to make any further payments.

You may wish to argue that as you have never received proof that the monies you paid were for a debt belonging to you, then you intend to reclaim those monies. Weller did this but not too sure of what she threatened them with. She may have got some help from the consumeractiongroup in doing this.
http://forums.moneysavingexpert.com/showthread.html?p=6639184#post6639184

She's not posted for a few months now following the passing of her husband. Hope she's okay.

RAS

George

I too hope weller is OK. I think she got back money from a company to whom she had been paying despite not actually having incurred the debt in the first place (it belonged to someone else).

lightmaster

RAS
The dept relates to a store card taken out inthe late 80's
LM