Aktiv Kapital (UK) - Who Are They?

Behindhand??

Hi all.

I have had another letter from Aktiv this morning, I sent them a 12+2 letter by recorded delivery on Thursday. As far as I am concerned their time is up.
They have returned my £1 Postal Order and insist that I phone them in order to assist me with my "enquiry". My ENQUIRY??:mad:

They seem to be suggesting that they need personal information from me to try and prove the debt is mine (which I say its not), to put my head in the noose so to speak. They are happy enough though to keep sending me letters of an unproven debt and appear to be adding interest.
I will not phone these muppets!

I have gone the letter route and kept copies of everything and recorded delivery print outs to keep everything sshould it go to court.

One question though, they have sent my £1 back, does this mean that the request for a CCA and therefore the legal time limit to respond is void?

The only further communication I intend to have with these people is another letter in 30 days time, just to say bye bye.;)

GeorgeUK

IKweb, they have 12+2 working days to provide a copy of the CCA. You are not required to provide them with any information. If they aren't sure if you are the person that owes the debt, then they shouldn't be chasing you for payment in the first place.

I wouldn't bother writing to them again until sending the 12+2 day letter and defiantely don't call them.

GeorgeUK

Behindhand, you are required to send the £1 fee. As long as you have done this, you have met the requirements of the legislation. Just because they don't wish to take the money does not absolve them from fulfilling their legal obligations.

In another 30 days, it is no longer a criminal offence for them to not meet your request. The rules have been changed. If they do not provide you with a copy of the CCA, then repotr them to the regulatory bodies mentioned in the 12+2 day letter.

Rooderebel

Should I send this to AK?


You contacted me about my bankers,
I think that you are all a bunch of [EMAIL="w@nkers"]w@nkers[/EMAIL]
Although you think your funny,
You will not get my money,

It's statued barred,
No CCA,
Now leave me alone,
Now go away,

You contacted me about a debt,
I don't see you as a threat,
Your letters poor, falling at my door,
In the bin they go, I will answer no more,

You will never issue,
Although you say you will,
You know your talking boollocks,
Now take a big chill pill!

And on that note,
I will not gloat,
Get a job , a life.
Ive shagged your wife

PepeLePew_2

GeorgeUK wrote: »

In another 30 days, it is no longer a criminal offence for them to not meet your request. The rules have been changed. If they do not provide you with a copy of the CCA, then repotr them to the regulatory bodies mentioned in the 12+2 day letter.

Hi George,

Where are these rule changes? Do we now have to complain to the regulatory bodies in the 30 days after the 12+2? If 12+2+30 time has elapsed can I no longer complain; moreove would I have to issue another CCA request and then wait 12+2?
This would be really useful to know as I am writing 5 individual complaints to the Financial Ombudsman about Aktiv Kapital. 4 with regards to bogus debts and 1 for non compliance with a SAR.

Thanks

~Chameleon~

GeorgeUK wrote: »

In another 30 days, it is no longer a criminal offence for them to not meet your request. The rules have been changed. If they do not provide you with a copy of the CCA, then repotr them to the regulatory bodies mentioned in the 12+2 day letter.

As you may be aware from my previous posts, AK have been chasing me and issuing various threats (bailiffs, court action etc) for the best part of a year and until now I've continued to ignore them and call their bluff.

I've not heard anything from them for a number of weeks now but having read your post regarding the rule changes I wonder whether I've put myself in a slightly compromising position.

I'm now wondering:-

a) could they be biding their time until the new rules are in force then bombard me with further letters and threats to which I will have no defence?

b) should I send off the CCA request to cover my back anyway, despite not hearing from them recently?

c) should I continue to ignore them in the hope they have given up on trying to make contact?

Ricky38_2

In another 30 days, it is no longer a criminal offence for them to not meet your request. The rules have been changed. If they do not provide you with a copy of the CCA, then repotr them to the regulatory bodies mentioned in the 12+2 day letter.

Hi George,
What exactly does this now mean and what do people like myself do now?
I was also wondering who instigated this change and how it is only coming
to light 30 days beforehand.

Ricky.

GeorgeUK

Quite a few questions here.
I'll try to be thorough so i don't mislead anyone on what i say or what it relates to.

Pepe,

The Consumer Credit Act 1974 states:

78.—(1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of 15 new pence, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information
to which it is practicable for him to refer,—

...

(6) If the creditor under an agreement fails to comply with subsection (1)—
(a) he is not entitled, while the default continues, to enforce the agreement; and
(b) if the default continues for one month he commits an offence.

On 26th May 2008, The Consumer Protection from Unfair Trading Regulations 2008 came into effect. Part 5 Schedule 2 states:

20. In section 78 (duty to give information to debtor under running-account credit agreement), in subsection (6), omit paragraph (b) and the “and” preceding it.

Therefore when sending a CCA request under sections 77/78 of the Act, they must still provide a copy of the agreement within 12 working days (+2 for postage), but after a further 30 days, it is not a criminal offence for them to not supply the documents. After the 12+2 working days have passed, the debt is in dispute and unenforcable. If you do not recieve an adequate response from them after this time stating that they will hand the account back to the original creditor and stop processing your information then you should make complaints to the regulatory bodies.

Note - there is no time limit in which to make the complaints.
Also for a subject access request, if they do not reply within 40 days then you should also be complaining the the ICO.


Chameleon,

When was the last payment towards the debt made or written acknowledgement of the debt by you? A debt becomes statute barred after 6 years (5 in Scotland).

As these rules are already in effect regarding criminal offence after 30 days of non-compliance, they will not be biding their time for this to occur.

If the debt was taken out before 6th April 2007 (when the CCA2006 amendments came into force), then any CCA provided must have certain prescribed terms on it to be enforcable. If all the required terms are not there then the debt is unenforcable. If you ignore the debt, there is a chance that they may start court proceedings (although there must be a default issued against the debt before they can do this) and then you must hope that the CCA is unenforcable.

I would suggest if they get in touch with you again, then you send the CCA request. For £1 it may be able to provide you with proof that the debt is unenforcable and if not, then it has only cost you £1.

Bear in mind that requesting a copy of the CCA does not mean you are acknowledging the debt. This should aslo be written at the top of any CCA letter.


Ricky,

I've probably already covered your query, but just to make sure:

In ye olde days
CCA request issued
CCA request received by DCA (they now have 12 working days to provide a copy of the CCA)
After 12 working days (allowing 2 for postage) no CCA received (the debt is in dispute and the debt unenforcable)
After a further 30 days !!12+2+30}(It is a criminal offence if the DCA has not provided a copy of the CCA and is still pursuing the debt)

I do not believe that anyone was ever prosecuted for this offence though so it had basically no teeth and was ignored by almost all creditors.

Now it is not a criminal offence for them to pursue the debt after the 30 days has elapsed and some DCA's have even got back in touch with debtors with a copy of the CCA a year later. That is why it is important if the are unable to provide a copy of the CCA that you complain to the regulatory bodies and get them to stop processing your information.

Hope i've covered everything.

~Chameleon~

GeorgeUK wrote: »

Chameleon,

When was the last payment towards the debt made or written acknowledgement of the debt by you? A debt becomes statute barred after 6 years (5 in Scotland).

As these rules are already in effect regarding criminal offence after 30 days of non-compliance, they will not be biding their time for this to occur.

If the debt was taken out before 6th April 2007 (when the CCA2006 amendments came into force), then any CCA provided must have certain prescribed terms on it to be enforcable. If all the required terms are not there then the debt is unenforcable. If you ignore the debt, there is a chance that they may start court proceedings (although there must be a default issued against the debt before they can do this) and then you must hope that the CCA is unenforcable.

I would suggest if they get in touch with you again, then you send the CCA request. For £1 it may be able to provide you with proof that the debt is unenforcable and if not, then it has only cost you £1.

Bear in mind that requesting a copy of the CCA does not mean you are acknowledging the debt. This should aslo be written at the top of any CCA letter.

Thank you for this. I shall continue to ignore them then as I am absolutely certain I have no liability for this debt. If it's what I think it is then it's at least 12 years since any contact has been made with the company so is definitely statute barred. There has never been any CCJ or default notice entered onto my credit files either.

Ricky38_2

Hi all,

capquest and aktiv kapital were unable to send me copies of my cca,
aktiv kapital still want payment and capquest have returned the debt
to the oc.
what are the appropriate reply letters to send to each.

Ricky.

ps. Does anyone have an address for thames credit ltd
that isn't a po box number so I can get a signiture.