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Aktiv Kapital (UK) - Who Are They?

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  • Ukevas
    Ukevas Posts: 1,095 Forumite
    i do love AK mind you, you send them the cca request and they only want to talk to you buy phone.... and as bonnielass has phoned them and they tell her to write in...

    o what fun they are...:rotfl:
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  • Thanks to everyone for the replies...I'll be sending the letter, recorded delivery today.

    Let's hope I never hear from them again!!!
  • cally6008
    cally6008 Posts: 7,629 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Quick question on where to address the letter to

    Aktiv Kapital (UK) Ltd
    PO Box 444
    Bromley
    BR1 1ZB

    or

    Aktiv Kapital (UK) Ltd
    Wells House
    15-17 Elmfield Road
    Bromley
    Kent
    BR1 1LT
  • cally6008
    cally6008 Posts: 7,629 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Also, is this the correct Statut Barred letter to send
    [FONT=&quot]I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.[/FONT][FONT=&quot]

    Dear Sir/Madam

    Account No: AK31016801

    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 OFT 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 correspondence/payment/acknowledgement or payment of this 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".

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

    I look forward to your reply.

    Yours faithfully

    [/FONT]
  • WEEGIE
    WEEGIE Posts: 11,420 Forumite
    Part of the Furniture Combo Breaker
    cally6008 wrote: »
    Quick question on where to address the letter to

    Aktiv Kapital (UK) Ltd
    PO Box 444
    Bromley
    BR1 1ZB

    or

    Aktiv Kapital (UK) Ltd
    Wells House
    15-17 Elmfield Road
    Bromley
    Kent
    BR1 1LT
    I would use the Elmfield Road address as the first one is a P.O box, by sending it to Elmfield Road (if it needs to be signed), there is a better chance of it 'getting there'.
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  • rjwc22
    rjwc22 Posts: 9 Forumite
    I have also had contact from Aktiv claiming that I owe about £1700 from a credit arrangement dating back to 2000. It was an 9 month interest free deal that I missed the payment on and fell into the fixed repayments over 36 months with a total payment of about £2400. I forgot about the money coming out of my back until 2003 when I realised this should be ending and tried to contact Tiny but they had gone bust by then. I spoke to my bank who advised that the DD would continue until cancelled by one or other party and as Tiny were bust they would not be cancelling.

    I cancelled it and then forgot about it until last October when I got the first call from Thames Capital saying that I still owe £1700 on this. I told them that this was wrong that I had paid it off and they said fine and left it at that. AK have now been in touch to say this is still owed. I cannot see how this can be right, especially given the amount they are claiming as I did make at least £2000 in repayments and they say this amount is the amount left outstanding, not any interest.

    I have searched my Experian credit file and there is nothing on there, apart from logs showing that Aktiv have been checking me out. As such my questions are:

    - Does the statute date start from the date the finance was taken out of the last contact (Does a ongoing DD constitute contact?)

    - Can I send the letter asking for details without acknoweldging the debt?

    - Would there be evidence on my Credit file of this debt if it still existed, given that all my correct addresses etc are on there?

    Sorry to pile this into a reply, was going to open a new post but could not work out how!

    Rob
  • GeorgeUK
    GeorgeUK Posts: 7,737 Forumite
    The statute barred period starts 5/6 years (Scotland/England) after the last payment or written acknowledgement of the debt (by you).

    You could send the letter, but might be better to just wait until it is statute barred if not already.

    Most debts should appear on your credit file, but there are 3 Credit Reference Agencies, so the debt may be with one of the others on your file. Someone mentioned that their mortgage does not appearon any of them, but i think this is the exception rather than the rule.
    After falling off the gambling wagon (twice): £33,600 (24,000+ 9,600) - Original CC Debt: £7,885.91

    Dad Gift 6k ¦ Savings & Inv Tst: £2,500
    Loan 10k: £0 ¦ Dad 5.5k: £2,270 ¦ LTSB: £0 ¦ RBS: £0 ¦ Virgin £0 ¦ Egg £0

    Total Owed: £2,270 (+6k) 11/08/2011
  • rjwc22
    rjwc22 Posts: 9 Forumite
    Thanks for that.

    The problem is that I am not sure when this year the 6 year period will be up. Can I just try to delay them until later in the year or should I send them a prove it type letter?

    Rob
  • rog2
    rog2 Posts: 11,650 Forumite
    10,000 Posts Combo Breaker
    rjwc22 wrote: »
    Thanks for that.

    The problem is that I am not sure when this year the 6 year period will be up. Can I just try to delay them until later in the year or should I send them a prove it type letter?

    Rob

    It more than likely IS already Statute Barred, if it has found its way to the greayt clutches of AK, but you could, also, request that they send you a true copy of the original executed consumer credit agreement and statement of account:

    http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=getting_a_copy_of_your_credit_agreement_and_account_details


    AK are well known for 'chancing their arm' on the fact that their targetted 'alleged debtors' will be unaware of any potential protection that the Law will afford them. They have probably 'purchased' this debt for a few pence from the original creditor, who probably knew that the 'debt' was no longer enforceable through the Courts and would, to all intents and purpose, have written off any residual debt.

    Unfortunately, these 'debts' are purchased by companies at the bottom of the food chain, such as AK and MH, who operate on the principle that if you frighten the alleged debtor enough, he is likely to pay what they are asking purely in order to get them off of his back.

    Scavengers - the lot of them. :mad: :mad:
    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.

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    DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS
  • Hi all. I've found tons of very useful information here, thank you guys.

    I just received a letter from them saying that owe them money, but i'm quite confident that when i canceled my credit card, my balance was 0, atleast that is waht i was told by barclays. This is the letter i composed for them. Is the anything i should change? I plan to write nicely first, and if they don't act on that move on to hte letters with all the legislations in them. Thank You. And i'm so glad i found this forum before i replyed to thme. Oh, by the way, it does show in my equifax report.

    To: From:
    Aktiv Kapital (UK) Ltd
    Wells House
    15-17 Elmfield Road
    Bromley
    Kent
    BR1 1LT

    13/01/2009



    Dear Sir/Madam

    I’m writing regarding letter dated 06/01/09, reference no. INOIN/003, I received from you recently.

    In that letter you stated that I owe £276.94 to Aktiv Kapital First Investment Limited, as it’s bought interest of Barclays Bank Plc T/A Barclaycard (agreement no. 0000000000000 Barclays Bank Plc T/A Barclaycard ).

    I do not acknowledge any debt to your company, or to any organization you claim to represent.

    I was told by Barclaycard customer advisor that my outstanding balance was £0.00 when I cancelled my credit card contract with Barclaycard in June, 2007.

    I would be grateful if you would send me a copy of this credit agreement and a full breakdown of the account including any interest or charges applied, and 6 latest statements with purchase history.

    As I was told that I had £0.00 to pay at the time of credit card agreement cancellation. I suspect I could be a victim of credit card fraud, hence, I would like to get all the information available regarding this matter.

    Yours Faithfully
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