Aktiv Kapital (UK) - Who Are They?

GeorgeUK

do a search of this site and look for the "prove it" letter in the standard template thread. That should be the letter to send stating that you have no knowledge of the debt and they are required to prove the debt is yours.

If you phone them, they will get your number and pursue you for the debt even though it isn't yours. Also, don't provide any personal details to them.

buzby316

Have noticed many references to the fact that statute barring in Scotland is 5 years but 6 years in England. I would point out that almost all agreements entered into in Scotland usually contain a condition stating that the applicable law to be used will be English. I'm assuming that this would therefore mean that the 5 year Scottish statute barring is not actually correct & would be treated under the 6 year English law. Am I correct in thinking this?


With regards to numerous well intentioned people advising to send all letters via recorded delivery; personally, I would advise against using this service, & would use special delivery instead. This is because a few years ago, Royal Mail told me that recorded delivery was only tracked when the postie knocks on the door to get a signature. Obviously, special delivery is a lot dearer, but at least it's tracked from the moment you hand it over; & it's also kept separate from other mail (obviously) unlike recorded mail, which is flung into the normal mail sacks.

GeorgeUK

Not sure where you're getting this from Buzby

almost all agreements entered into in Scotland usually contain a condition stating that the applicable law to be used will be English

as all of my agreements state that it is Scots law - even for organisations with a head office in England.

You are correct however that it does not matter where you sign it or arrange the agreement. It should state in the T&C what law is governing the agreement and a Scotsman who has never been to England could find their agreement governed by English law.

buzby316

GeorgeUK wrote: »

Not sure where you're getting this from Buzby


as all of my agreements state that it is Scots law - even for organisations with a head office in England.

You are correct however that it does not matter where you sign it or arrange the agreement. It should state in the T&C what law is governing the agreement and a Scotsman who has never been to England could find their agreement governed by English law.

Hi George, can only say I'm really surprised that all your agreements are governed by Scottish law, you're really lucky that this is the case.

From memory, I think there's usually a clause which is situated towards the end of the T&C's, & is headed "applicable law" I have sometimes seen it where there is a "choice of aplicable law" but only if "both parties agree, & if not then English law will be applied"

I'll try & hunt out my agreements to advise whih companies do this, & report back ASAP. I'm pretty sure (though not 100%) that I've even seen at least one agreement with a Scottish company, who have specificaly chosen English law as applicable, presumably because it gives them a longer time.

It's very annoying when you stay in one country, but are then being "dictated to" by the laws of another; & surely we must try to make a stand against this practice

bestyman

buzby316 wrote: »

With regards to numerous well intentioned people advising to send all letters via recorded delivery; personally, I would advise against using this service, & would use special delivery instead. This is because a few years ago, Royal Mail told me that recorded delivery was only tracked when the postie knocks on the door to get a signature. Obviously, special delivery is a lot dearer, but at least it's tracked from the moment you hand it over; & it's also kept separate from other mail (obviously) unlike recorded mail, which is flung into the normal mail sacks.

The only reason for sending recorded ( or signed for) is so that AK cannot claim that you never replied to them .
Why is it important that the mail is tracked every step of the way? What does it matter if its flung into normal mail sacks or not? Am I missing something here?

Bonnielass_3

I sent the letter as in post 4 by recorded delivery, but received another letter this morning saying -

Further to your recent correspondence in connection with the above referenced matter.

In order to assist us in investigating and resolving the issues you have raised, we would ask that you contact our customer relations team on the above freephone number.

The purpose of the conversation would be to ascertain certain important facts in relation to this matter, which will asist us in complying with your request and/or resolving your query.

We look forward to receiving your response in connection with this matter by telephoning ......


What should I do now?????? Do I ingore it? Do I send the same letter as in post 4, again????

Has anyone else had the same letter? If so, what did you do?

It looks like AK are not going to give up harassing me!!!:(

cally6008

Don't phone them

bestyman

Bonnielass,
I too have had the exact same letter this week, strange cos they never used to send them out . I was going to ask on here if it was just me .

My view is this. I've said all that I have to say and have nothing further to add, so for that reason I won't be contacting them again and certainly not by telephone.

I did consider writing to them again asking exactly which part of statute barred they didn't understand, but then thought why get involved in their silly games, like I say I've nothing to add.

Thats just my way of thinking, as its a new letter I've nothing to go on . I;m open ( and gratefull) for suggestions.

PepeLePew_2

PepeLePew wrote: »

What I'm really after is removing these unproven debts from her credit file. Can anyone point me to a good standard letter to send to Equifax? And is it reccomended to send all the copies of letters sent to AK (CCA, 12+2, SAR, proof of recorded deliveries; they could make a good ream)

Kev

Found the answer by reading the Equifax report again. If anyone else is at the same point use their on-line query tool https://equifaxuk.custhelp.com/cgi-bin/equifaxuk.cfg/php/enduser/ask.php?

Now on to the complaints http://www.financial-ombudsman.org.uk/ and http://www.csa-uk.com/csa/code-of-practice.php

buzby316

bestyman wrote: »

The only reason for sending recorded ( or signed for) is so that AK cannot claim that you never replied to them .
Why is it important that the mail is tracked every step of the way? What does it matter if its flung into normal mail sacks or not? Am I missing something here?

It means there's more chance of the letter going missing, as it's being treated as "normal mail" at least when using special delivery, it's kept separate from other mail, & almost impossible to get lost.