Aktiv Kapital (UK) - Who Are They?

file_wizzard

sandanista wrote:

Could you state citation of this? i.e. the name of the act, what year and what section? Thank you

Consumer credit act S.77 (1) & (4) or S.78(1) & (4)

rich36

rich36 wrote:

Hi ok I have received a second letter from Debt Managers Ltd in regards too the debt they claim I owe AKTIV KAPITAL- Barclays. I have decided to send the standard letter asking for more info (Thanks to the forum for this info).

But should I send it too Debt Managers Ltd or Aktiv Kapital or both?

I have decided to send the following too Aktiv Kapital:


NAME & ADDRESS

Reference: xxxx
Debt Managers ref: xxxx

Recently I have received a letter from Debt Managers Ltd, operating on your behalf to collect the above mentioned debt. Please be advised, 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 xxxxxx.

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.

---

Should I also going to send a copy to Debt Managers ltd as they where the ones who have sent me the letters?

file_wizzard

It is only the legal owner of the debt who will be lawfully bound to respond to the above, any agent collecting on their behalf will have no duty to respond

rich36

I have heard back from Aktiv Kapital!

They wrote blah blah blah....."We have requested a copy of the original application form from the originator, however they are unable to retrieve this from their archives, as this is an aged debt."

They also say the account was opened on xx/xx/98 and after 25+ months there was an overdraft taken. The account was passed too Aktiv Kapital xx/xx/02

They then go on and say they will offer me a 50% discount on the debt if I pay within 14 days!

I have a few questions

1, even though A/K did not recieve the debt till 2002 the actural debt is over 6 years old. Does the 6 year rule apply?

2, if they cannot find the original documents then surely they cannot pursue the debt through the courts?

3, Does any one have any idea what I should write back please?

Rich36

P.s. I got another letter from Debt Managers earlier this week offering me a 25% discount if I paid straight away!

Arwen

rich36 wrote: »

I have heard back from Aktiv Kapital!

They wrote blah blah blah....."We have requested a copy of the original application form from the originator, however they are unable to retrieve this from their archives, as this is an aged debt."

They also say the account was opened on xx/xx/98 and after 25+ months there was an overdraft taken. The account was passed too Aktiv Kapital xx/xx/02

They then go on and say they will offer me a 50% discount on the debt if I pay within 14 days!

I have a few questions

1, even though A/K did not recieve the debt till 2002 the actural debt is over 6 years old. Does the 6 year rule apply?

2, if they cannot find the original documents then surely they cannot pursue the debt through the courts?

3, Does any one have any idea what I should write back please?

Rich36

P.s. I got another letter from Debt Managers earlier this week offering me a 25% discount if I paid straight away!

6 year rule applies. If they continue to pursue this debt, the OFt Debt Collection guidance has a few paragraphs on debts outside the Statute of Limitations (sont have link but it is on the OFt site)

No they cannot pursue the debt through the courts-they know this and are chancing their arm. No signed Credit agreement means that Section 61 and S127 of CCA applies. Either way they are stuffed.I would report them to your local Trading Standards if they continue to pursue.

Lesley72

Hi, I am in the middle of a similar situation with Aktiv Kapital - they came to me with a debt I have no knowledge of from 1996. I have asked them for a copy of the original credit agreement as in all good faith I have no knowledge of it. That was prior to xmas and as yet no reply. Is there a time after which I can declare this one over? The guy on the phone with Aktiv Kapital was friendly enough although I was confused as all h*ll and worried half to death so maybe that softened him...

Lesley

BAILIFFCHASER

sharonpoole wrote: »

hello
i wonder if someone can give me some advice I have had a letter from Aktiv Kapital for a debt i had in the late 1990's I have not contacted them or paid anything for over 6 years so thought i could say that the debt was statute barred and they wouldn't be able to take it further but now they have threatened me with doorstop collecters so i am scared now should i offer them a payment ?

If i were you i would issue a small claik for harassment against aktiv capital etc and sue them for their monies worth. When they defend in court They will be the ones kicking their own leg.

l0rdy

Hi all,
Newbie here but have just been contacted by Aktiv Kapital, although not directly. I received a Claim Form through the post from them, being held at Northampton County Court. The letter was dated the 14th March and I have just responded today, an acknowledgment of service so that I can get more time, think that now gives me 28 days from today. Basically, I had not heard of them before this time and so was not sure what the debt was for or who it was from etc etc The strange thing was, and this was what made it hard for me to figure out, the address they provided on the claim form was in Bermuda!! Here was the address - Aktiv Kapital, Par La Ville Place, 14 Par La Ville Road, Bromley, Hamilton, HM JX, Bermuda!!

Then....today I receive a letter from Thames Credit quoting an agreement number from a HFC Bank debt that they claim has now been bought by Aktiv Kapital First Investment Ltd for £1,298.82 and that I should nto be sending any further payments to HFC.

So......then I put 2 and 2 together and realised what the first debt is for. But they never wrote to me telling me that it had been bought out by anyone or that they were going to take me to court etc If it wasn't for this letter today that I ahve received then I would not have known at all.

What can I do in my defence though as I now have 28 days to contest the debt....although I do owe it, I am not really going to contest it but there is no way that I can pay it off in full as I am skint...even on monthly repayments it is going to be low.

Any help would be much appreciated?! Ta

file_wizzard

l0rdy wrote: »

Hi all,
Newbie here but have just been contacted by Aktiv Kapital, although not directly. I received a Claim Form through the post from them, being held at Northampton County Court. The letter was dated the 14th March and I have just responded today, an acknowledgment of service so that I can get more time, think that now gives me 28 days from today. Basically, I had not heard of them before this time and so was not sure what the debt was for or who it was from etc etc The strange thing was, and this was what made it hard for me to figure out, the address they provided on the claim form was in Bermuda!! Here was the address - Aktiv Kapital, Par La Ville Place, 14 Par La Ville Road, Bromley, Hamilton, HM JX, Bermuda!!

Then....today I receive a letter from Thames Credit quoting an agreement number from a HFC Bank debt that they claim has now been bought by Aktiv Kapital First Investment Ltd for £1,298.82 and that I should nto be sending any further payments to HFC.

So......then I put 2 and 2 together and realised what the first debt is for. But they never wrote to me telling me that it had been bought out by anyone or that they were going to take me to court etc If it wasn't for this letter today that I ahve received then I would not have known at all.

What can I do in my defence though as I now have 28 days to contest the debt....although I do owe it, I am not really going to contest it but there is no way that I can pay it off in full as I am skint...even on monthly repayments it is going to be low.

Any help would be much appreciated?! Ta

Aktiv and Thames are one in the same, and their off shore registration is questionable to say the least.

If you have received a claim form then at this stage I would respond disputing the full amount of the debt stating that the claimant has not offered any form of proof of debt.

It is very likely that they are calling your bluff in the hope you will admit liability, whereas you should actually obtain strict proof of the debt before you make any sort of admission to the debt as it is very likely that aktiv have no actual proof of the debt.

rich36

Hi all here is the next installment of my Aktiv / Debt Managers correcpondance.

I recieved another letter from Debt managers this morning, thay say:-

" Despite our earlier correspondence..... we have not recieved payment.

We therefore give notice pursuant to the County Courts Act, 1984, that proceedings to recover this debt, together with fees and costs will be instigated immediately in the xxxxxxxx county court".

---

So I have drafted a letter too Debt Managers (thanks too suggestions on this site) as they obviously do not talk too Aktiv Kapital.

"Dear Sir/Madam

Reference No: xxxxxx

No debt is acknowledged to you. You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I have since written too Aktiv Kapital and have received the following response (see attachment).

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.”.

The last correspondence/payment/acknowledgement 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.

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 "

---

Aktiv said in there last letter....."We have requested a copy of the original application form from the originator, however they are unable to retrieve this from their archives, as this is an aged debt."

Do Aktiv or Debt Managers have too supply a signed copy of the credit aggreement? Should I say soemthing along the lines of if you proceed I will contest?


Any suggestions or midifications too this letter would be appreciated?

rich36.