Aktiv Kapital (UK) - Who Are They?

muscleflex

wow - so many complaints to this company... shouldn't the police or watchdog or something step in?

GeorgeUK

It depends how you define a complaint unfortunately. Unless people write to them and make a formal complaint, it isn't a complaint evein if you are complaining about them. Also, not many people contact TS or OFT as they feel guilty that they have had credit but are trying to get out of not paying - at least in the short-term.

If everyone that complained about thesee companies actually made official complaints, the regulators would be swamped and have no choice but to make them enforce the legislation instead of just ignoring it.

There's been talk recently about the government giving these regualtors more powers (with the recent credit card talks) but if they donn't even use their existing powers, i can't really see what the point would be except for a politician to be seen making the right noises.

ER78

These jokers Aktiv Kapital have sent a letter for me to my OH's mothers home. The worrying thing is, she lives over 200 miles away and I have never lived there....ever. I understand how they have come to find this address as my partner and I have a joint mortgage and this is one of his previous addresses, but where do they get off sending a letter there when they have no proof I have ever even been there????? Infact when I met my partner he hadn't lived at home for years!!!!?!?!?! I don't even know what this is for? They added a credit agreement to my credit file earlier this month and it looks as though they are chancing it as it become statute barred Jan 09. Any advice.....anyone??

princesspop

GeorgeUK wrote: »

princesspop - they are legally obliged to provide a copy of an enforcable CCA. As they have not done so and are still pursuing you for the debt, inform Trading Standards and the Office of Fair Trading. That's the next step as these fools will continue to ignore you and think they are above the law.

When was the last payment made to the debt? Just wondering how long it is until it becomes statute barred.

This will be my next step then. I have no clue re dates, this latest batch of 'proof' is just screen shots of something, there are no clear dates but I think it says 2004. This definitely not right, as I had nothing other than what I already know about from that year. I just cannot believe their cheek, but it's also so stressful. I'm glad I found this site, otherwise I prob would have paid just for easiness, but there's no way their getting their hands on my hard earned dosh when they clearly are breaking the law! Have good mind to ask for compo for all stress, tho that may be pushing it!

hannoja

Grr. We've just had a letter from Thames Credit which says, '... Aktiv Kapital First Investment Limited has bought the interest of GE Capital (First National Tricity Finance Ltd) in the debt you owe them...
We are acting as Collection Agent on behalf of Aktiv Kapital... ' blah blah.

The last (dated: there was one from Lowell Portfolio which doesn't have a date, but around the same time..) letter we had re. this was in May. Can't even remember what I did about this one, if anything.. I thought I'd sorted it out, but I'm going to have to go through the annoyance of looking stuff up, checking, typing letter/s etc.. There was one I'm certain I'd sorted, but I'll have to check whether it's the same one.. etc.. etc.. blah
What a pain.:mad:

R_AS

Hi there...

Not sure if there is anyone who has been through simlare seems like there is so many people who have struggled with this company.

I got home today to an alert from Experian to say Aktiv Kapital had added a defult to my file of £301.

I have never heard of them and tried to contact them.. there is no numbers on there website so requested a call back. I then found the comments on this site and began to panic about who these people were they have affected my credit rating which i have worked hard at keeping really good- but now it has come down due to this defult...

I recieved the callback about 10 minutes ago.. where someone called Mark Chambers spoke about my account saying i had apparently had an account with Topshop- I know for definate that i never had an account with topshop. I then said its not possible so asked him to veryfy they had the right person- he had the correct DOB, but the address was over 8 years old. In addition I then asked him as I was so sure i did not have an account with topshop if he could prove i signed a contract with topshop- he said he had no copy of it but said i had apparently made payments to them on this account. I again asked to verify dates or my account from which i would have done this and he couldn't.

He said I defulted on this in June 2003- so this should have been on my file from then- but it wasnt and was only added by activ Kapital.

What do I do now to get this removed? and how do I deal with this company from here????

Any advise would be greatly appreciated!

R_AS

GeorgeUK

If they have put a default on your file for a debt which is not yours, the first thing you should do is notify experian so that a note is made on your file. This will flag up your credit report so that any automated credit checks will require manual intervention to see what this note is.

I would not speak to them on the phone. Make sure all communication is in writing so that you can show any regulatory organisation what has happened - i would definately make a point of informing them in writing if you did not live at the address when the account was said to be opened.

If they refuse to alter the data they supplied to the credit reference agencies, you can then report them to the Information Commissioners Office.

debrag

think I shall ask for my CCA. I have been paying them for the last two months through my DMP. How does all the 12+2 work what with Christmas and all?

Aktiv Kapital (UK) Ltd.,
Merchants House,
Hamilton Place,
CHESTER
CH1 2BE

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 a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.

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.

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.

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.

how do I pay the £1? I can't do if via the bank as I get charged and do I just use the company name?

GeorgeUK

Debrag - not sure about how the Christmas period affects the 12+2 countdown, but it is no longer a criminal offence if they do not comply.

I would just use the company name on the postal order - remember not to sign the letter. You don't want to give them a copy of your signature.

rog2

debrag wrote: »

How does all the 12+2 work what with Christmas and all?

Quite simple debrag - the prescribed period for them to supply you with a true copy of the original executed cca is 12 working days from receipt of your request and the statutory fee. The '+2' is only a reccomended add on to cover non-working days, so over the Christmas period you need only add on those days which are weekends or public/bank holidays. It certainly is not your fault if they close down for a week over the festive period, so I would not give them any additional leeway - they certainly would not do the same for you.

Make sure you send the request by trackable, signed-for, delivery, and you can start counting from the day that they sign for it. Please note that, in the case of non-signature, most people consider it reasonable to assume that the request was received two working days after you sent it.

And send a Postal Order for the £1 Statutory Fee - Postal Orders do not require your signature. Do NOT send a personal cheque, or use bank transfer as you will be virtually giving these 'people' your Bank Details and, possibly, your signature, both of which could be subject to abuse.