Aktiv Kapital (UK) - Who Are They?

freqeist1

rich36 wrote: »

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.

---

i recieved an answer to this as it says;

We must now inform you that we are unable to comply with your request due to not havin the required information to do so.

We would still be happy to assist in your request but need to confirm some information in relation to this account, without this information we are unable to comply.

We would ask you to contact this office without predudice within 7 saysin order for us to obtain the required security information,

We look forward to revieving your response, etc, etc.



what is the next step please?

rgds

freqeist1

GeorgeUK

Frequist, you have supplied all the information required under the Act. If they are not sure that you are the owner of the debt, they would be breaking the Data Protection Act by giving you details of someone elses debt - but they also shouldn't be chasing you if they are not sure you owe the debt.

Just stick to the timetable and after 12+2 working days the debt is officially in dispute and unenforcable. Then send the 12+2 day letter.

http://forums.moneysavingexpert.com/showthread.html?t=963087
(Worth looking at posts 6, 7 & 12)

rog2

sutton111 wrote: »

I was told by Mackenzie Hall that because i hadn't written to them to advise them that i was moving it wasn't statute barred.

:rotfl: :rotfl: That is classic, sutton :rotfl: :rotfl:

Only the likes of Mackenzie Hall could dream up something like that. :mad: :mad:

You have made my day. :T :T

blade771

Taking all the advice written on this post and sending AK a staute barred letter, I Have recieved another letter from them which is as follows:

Further to your recent correspondance in connnection 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 number.

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

I did not respond to this letter and have now received another stating:

Further to our recent correspondance with the above referenced matter we note that we have not received a response.

We are endeavouring to resolve the issue you have raised, but require further information from you in order to do so.

Without your assistance we will not be able to resolve this matter as efficiently as either of us would wish.

We would therefore request that you contact our specialist team on the usual numbers etc.

Any ideas please, the debt is not something I recall, nor have any records of and, if applicable, is certainly beyond the 6 year limitation as commented on plenty of times in this post. I do not wish to speak with them on the phone aside to say get lost and not give them any details however this will probably do nothing other than wind them up!!

Any advice would be gratefully received.

rog2

blade771 wrote: »

Further to our recent correspondance with the above referenced matter we note that we have not received a response.

We are endeavouring to resolve the issue you have raised, but require further information from you in order to do so.

Without your assistance we will not be able to resolve this matter as efficiently as either of us would wish.

We would therefore request that you contact our specialist team on the usual numbers etc.

Any advice would be gratefully received.

these are 'standard' dca letters, usually in response to the 'Prove it', 'CCA Request' and 'Statute Barred' letters.

They are, basically, nothing short of an attempt to divert your focus away from their legal obligations to provide you with full details, proof of debt, etc..

A phone call to one of these companies will result in the dca trying to twist everything you might say into an acknowledgement of responsibility - often to a 'debt' that may not even be yours, or - at best - could be no longer enforceable through the Courts.

If you feel that you need to contact these 'people?' then do so, only in writing (Do NOT sign any of your letters - just print your name) telling them that you will ONLY correspond in writing.


The onus is on the Debt Collector to prove the validity of any 'debt' he is trying to pursue - not on the 'alleged debtor' to prove that he does not owe the 'debt'.

sutton111

rog2 wrote: »

:rotfl: :rotfl: That is classic, sutton :rotfl: :rotfl:

Only the likes of Mackenzie Hall could dream up something like that. :mad: :mad:

You have made my day. :T :T

I couldn't believe what they said to me. I sent to letter off last week I'm waiting for there reply, it should be funny.

rog2

sutton111 wrote: »

I couldn't believe what they said to me. I sent to letter off last week I'm waiting for there reply, it should be funny.

Don't forget to keep us posted - we don't often get much to laugh at these days. :rolleyes:

rog2

GeorgeUK wrote: »

Hope i've covered everything.

Thoroughly and eloquently, George. :T :T

sutton111

rog2 wrote: »

Don't forget to keep us posted - we don't often get much to laugh at these days. :rolleyes:

I will do, I waiting for replys from Capquest and MH now i've heard from Connaught and they have referred it back to 1st credit and finally Akitva Kapital I haven't sent my final Statue Barred letter to them yet as i think it's not Statute Barred until the end of this month.

The other 3 are Statute Barred.

I had never heard about Statute Barred until this forum.

RAS

We have some uses???:D