Aktiv Kapital (UK) - Who Are They?

GeorgeUK

Ricky, here is the thread that has most of the standard templates.
http://forums.moneysavingexpert.com/showthread.html?t=963087

A long time ago i came across a letter on the CAG forum to send to the OFT if a copy of the CCA is not provided. Not seen one for TS, but i guess it would be along the same lines.
http://www.consumeractiongroup.co.uk/forum/consumer-protection-unfair-trading/147830-complaint-oft-respect-invalid.html

Paddyob_2

Hi I'm also new to this site. Rec'd 2 letters from Aktiv Kapital just after New Year and couldn't believe it. I had debt in 1997 with GE Capital for a car and went through a rough time then. I moved shortly afterwards and never heard from GE Capital again. After receiving these letters at my new address I sent off Recorded Delivery the Statute Barred letters (Scots Law). I heard back with a standard reply asking me to call them. I did attempt to call them withholding my tel. No. but they just kept hanging up on me (can only presume because it was withheld!). I wrote again advising I did not acknowledge the debt and referring to my earlier letter advising if they continuted to harrass me I will refer the matter to the OFT. But yet again this morning I received a further letter advising "we are endeavouring to resolve the issue that you have raised, but require further assistance from you in order to do so"... etc. etc. They want me to call them. I refuse to do so!! I have sent a final letter to them referring to my earlier replies and advising as follows:

"Please note I will only correspond in writing.

As previously confirmed by me if I do not receive a letter of confirmation that this matter is now closed within 14 days, I will be referring this matter to the Financial Services Association and the OFT.

Please accept this letter as a formal complaint!"

Do you think this is o.k.? As I sent my statute barred letters referring to Scottish Law do you think this makes a difference? I also forgot to send a postal order for £1 in my original letter do you think I should send a further referring to English Law enclosing a £1 postal order?

Thanks for listening!! I'm going a bit mad here but was made redundant recently and can't afford any more stress than I am feeling at the moment.

Ricky38_2

Hi George,

Thanks for your reply, I was just wondering if the template reply letters were okay for me to use as I stay in Scotland?

Ricky.

rog2

Ricky38 wrote: »

I was just wondering if the template reply letters were okay for me to use as I stay in Scotland?

Might be worth contacting National Debtline - 0808 808 4000 - or having a look on their Scottish website:

http://www.nationaldebtline.co.uk/scotland

Their letters are, intrinsically, the same, although they refer, where necessary, to the relevant Scottish Law as opposed to that in use in England and Wales.

Good Luck.

kim_35_2

I dealt with this company about 3 years ago, a debt was passed to them (I checked this out and it was all legit)

To be honest I found them very helpful, in the way that they set up a payment plan for me, think that it was only for about £200.00 but i was really struggling at that time.

I honestly cannot say a bad thing about them, but i suppose every situation is different.

GeorgeUK

Yup, Rog nailed it. For the Consumer Credit Act covers both Scotland and England. There are a few very minor amndments for Scots Law in the Act, but the basics are the same so the letters are fine.

Paddy, i'm a little confused by what you have posted, so will just go through some of it.
£1 payment - this is the fee sent when requesting a copy of the customer credit agreement. There is no fee to pay for stating that a debt is statute barred.
If a company pursues you for payment after you have informed them that the debt is statute barred and you do not intend to pay, this is against the OFT debt collection guidelines. (Possibly also the Administration of Justice Act, but not sure for Scotland).
I would suggest phoning Trading Standards for information on how to make a complaint, They will be familiar with this and will hopefully be able to stop the harrassment.

The only way this debt may still be active (not statute barred), is if there was a CCJ or Decree that the courts ruled on for the debt. If this was the case though, i'm sure they would have informed you of this already.

Ricky38_2

Hi all

Many thanks for all your advise I seem to be making positive headway.
This morning I received a letter from one of the dca's that I had asked for
a copy of my signed cca.
It states that they had asked the original creditor for the original cca
and they were unable to provide it.
The dca says it is now in the process of referring the account back to the original creditor.
What happens now?
Can they do this?
Can the debt if sent back then be sold on to another dca?
Can I get my 2 years of monthly payments to this dca back?
Is there a follow up letter I should now send to the dca before they complete passing it back to the
original creditor.
Your advise please.

Ricky.

GeorgeUK

Hi Ricky

It states that they had asked the original creditor for the original cca
and they were unable to provide it.

That's good news.

The dca says it is now in the process of referring the account back to the original creditor.
Can they do this?

The DCA can't pass it on to another DCA as the account is in dispute, but they can pass it back to the original creditor. They may now ask you for payment or give it to another DCA to chase you for payment. It looks like they don't have a copy of the CCA however so there isn't much they can do. You may need to send another CCA request later though to the next lot that chase the debt.

Can I get my 2 years of monthly payments to this dca back?

Nope. Those payments would come off the balance owed but i seriously doubt you would be able to get any money back. Only if the debt turned out to belong to someone else.

Is there a follow up letter I should now send to the dca before they complete passing it back to the original creditor.

Not that i'm aware of. Most people take the view of good riddance to bad rubbish. I would however keep hol of all correspondence as it is not unknown for the same DCA to come back chasing the debt a year later.

Just note when the last payment you made towards the debt was and see when the debt will become statute barred. After that time you can take great pleaseure in telling the to go jump.

Ricky38_2

Hi George,

Many thanks again for your wise words,
My last payment for this debt was 13th Jan 2009 and I believe this
debt went into default 6-7 years ago, no ccj issued ( I wasn't aware of time barring at the time)
Isn't it time barred 5 years from the date of your last payment the
dca has managed to obtain rather than 5 years from the date of the original
default back in 2002
Your thoughts please,
Ricky.

IKWeb

Hi Guys

Been reading this topic with interest, Aktiv has sent myself a letter saying they have an old debt which they are looking for payment on, they are not able to send me the CCA as they don’t have it, and in the past they have registered a CCJ on my name at an address I have never lived at.

Now some people say that if a CCA cant be sent to you that the debt is not due, is this the same even if a CCJ has been issued?

Thanks for any help given.

Dan