Aktiv Kapital (UK) - Who Are They?

GeorgeUK

Blade. not sure what to advise with this.

If you want closure then you have 2 options as the DCA seems to be ignoring your letter and the fact that the debt is statute barred.

Go to a payphone (now 40p minimum !!!), call them and tell them that your debt is statute barred and have no intention of paying the money in the forseeable future. Tell them you will be making an official complaint to Trading standards and OFT.

The alternative is to make an official complaint to the DCA and then to the regulatory bodies. Either way though, there is not quick fix guaranteed for them to leave you in peace.

Personally i would ignore them as you have done everyhting you should to comply with your legal requirements.

parker55

Hi guys, just an update on my debt letters.
I called the debt managers and told them I was contacting their client.
Guess what, I got a letter saying I was entitled to a 25% reduction.
I sent the letter that you told me about to both the client and debt managers and client cannot provide the documentation that was requested so debt managers have now returned the file to their client and have told me that I will not hear from debt managers regarding this again.
many thanks . Will keep you informed if Activ Kapital get in touch.

rog2

blade771 wrote: »

As mentioned before I have sent the Statute Barred letter and in the light of the letters sent back to me am unsure as to what the next step should be. I am happy to write a reply but am also concerned that I might say something I will regret (more along the lines of writing something incorrectly rather than using the expletives I would like to use!!)

Hi blade - if you believe that the 'alleged debt' is Statute Barred, and have sent the letter, then there really is not much more that you need do.

It would be up to AK to prove, beyond reasonable doubt, that the 'alleged debt' was not Statute Barred - either by proving that you had made a payment towards it, or acknowledged it, in writing, during the Limitation period.

One of the most common 'ploys' of the dca, especially when he knows that the debt is statute barred and no longer enforceable through the Courts, is to 'appeal' to your 'moral obligation' towards this 'debt'.

My answer is that you have NO 'moral obligation towards any debt which you have proved to be statute barred. Whilst the 'debt' may still exist in principle, the most likely scenario is that the original creditor has long since accepted that this 'debt' is no longer legally enforceable and has, in effect, 'written it off'. The 'written off debt' has, in my opinion, been purchased by AK for a nominal sum - probably no more than a few pence in the pound. AK, in their insatiable greed for profit, will then pursue the 'debtor' for the whole amount, relatively safe in the assumption that the 'debtor' will be unaware of his rights under the Limitation Act, and will simply 'pay up' to get these 'vultures' off of his back. There are NO morals in the behaviour/actions of AK, and their associates, so they deserve no moral treatment by their 'victims'.

If, as I suspect, they are making your life a misery, then first of all you need to report them to Trading Standards as they are acting in contradiction of the OFT Debt Collection Guidelines, which clearly state that 'if a debtor has informed them that he will make no payments towards an alleged debt because the debt is statute barred, then they should cease all further attempts at collecting against that debt' :

www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

You could, also, talk to NDL - 0808 808 4000, CCCS - 0800 138 1111 or an adviser at your local CAB, who may be able to talk to AK on your behalf.

A simple letter may also suffice, along the lines of:

"Dear Sirs

Ref. __________________

I acknowledge no debt to your company, or any organisation that you claim to represent.

You contacted me on __.__.__ regarding the above 'account'.

I wrote to you on __.__.__ stating that, under the terms of the Limitation Act, 1980, the account to which you refer is Statute Barred and that, as such, I would be making no payment towards it, unless you could give me undisputeable proof that the debt was not Statute Barred, either by proof that I had made a payment towards the debt, or acknowledged the debt in writing, during the Limitation Period.

You have failed to provide me with any such proof.

As you are aware, under section 2.24 of the Guidelines on Debt Collection, as laid down by the Office of Fair Trading:

• it is unfair to mislead debtors as to their rights and obligations, for example falselystating or implying that the debt is still legally recoverable and relying on consumers not knowing the relevant legal provisions, and
• continuing to press for payment after the debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to Section 40 (1) of the Administration of Justice Act, 1970.

In light of your continued attempts to pursue this 'alleged debt' I inform you that I have, today, reported your Company to Trading Standards.

Any further attempts, on your part, to press me for payment, against the above account, will be logged and reported to the relevant authorities.

Yours Sincerely


Blade 771"

Hope your wife is okay.

GeorgeUK

Sorry MJ, missed you post.

After the 12+2 days has passed, we have a 12+2 day letter you can send. This informs them that the debt is in dispute and is unenforcable if they have failed to comply with your CCA request. No need to worry about that until later though.

Have they issued a default for this debt?

fayeh2227

sutton111 wrote: »

Well I have had a reponse from Connaught Collections this morning. Very Quick.:)

It says "We write to inform you that we have closed our file and informed our client 1st credit Limited who are the assignees of the debt"

They have asked me to send all future correspondence in relation to this matter be forwarded directly to 1st Credit their client.

Well I take it they know the debt is Statute Barred and can't do anything.

What makes me laugh is they told me they owned the debt not 1st Credit!!!

I have received a letter exactly the same from Aktiv Kapital after requesting proof of my debt. I did call them though and am now regretting it after reading this. I think maybe i shouldnt have. They wanted me to confirm my last address to ensure they had the right person which i did and they just said that the account would be put on hold until they have tried to get a signed copy of the agreement. No more than that. I didnt aknowledge the debt and stated again that i had signed no agreement. I then ckecked my credit records on which to my horror it seems i was sent a ccj in oct 07 to my old adress which i left in feb 06 (a month after this so called debt was taken out). Whats more the debt is showing as a credit card on my report of which i know i have never signed up for. Im thinking fraud. Has anyone got any theories? If it is fraud how on earth do i get my credit report cleared and prove it?

NigelJK

Add another to the list.
I now have 2 letters from this lot.

I have no idea what the debt relates to, but it is a 'Barclays' account they quote. Many years ago (more than 15) I had a Barclays A/c, but I'm sure I closed it owing nothing.

I have read most of the thread, and I realised this is probably Statute Barred, but also notice that things may be different for 'overdrafts'.

Do I continue ignoring, of send'em a 'statute barred' letter or a 'send me details of the CC agreement' letter?

GeorgeUK

For an overdraft, ther would not be a credit agreement so this would not work. If you have made no payments towards the debt or acknowledged the debt in writing for 6 years though, it will be statute barred.

For the CCJ issue, i would give nationaldebtline a call. It may be possible to have the CCJ set aside as the debt is not yours, but i've no idea as to whether you need to state that it is fraudulant or who to tell.

NigelJK

I'll send'em a version of the Statue Barred letter then.

blade771

rog2 wrote: »

Hope your wife is okay.

rog2, thank you very much, I will send this off to them and see what they come up with. Your advice is very much appreciated.

Best regards

Blade

melonthieves

Harassed wrote: »

Wescot are trying it on. But the response has to come from the creditor, Aktiv Kapital. They have 12 days to supply, if they don't supply within 30 days - they commit a criminal offence.

This is a direct quote from Halsbury's Laws of England, and gives the time scales (and the remedies if not complied with.)



If they don't supply report them to your local Trading Standards office.

I have recently sent the letter to claim I do not acknowledge the debt to AK and asked for the agreement. I did this on 13th December 2008. I received a reply dated 4th February 2009 (35 working days after sending the letter) stating:

"We acknowledge receipt of your request under the consumer credit act 1974. We are now in receipt of the original application form for this account, however data protection law prohibits us from issuing you a copy before we have confirmed your identity and residence.

Therefore please forward details of your previous addresses since 2002 along with any proof obtainable to confirm you were residing at the addresses.

On receipt of this information we will forward a copy of the application to you."

Now a couple of things stuck out here. Over 30 days later I do not have a copy of the original agreement, just a statement saying they have one so does this mean they have broken the above law?

Also, if they are confident enough to send me letters claiming I owe them £944.29 then surely they should be able to send the credit agreement to the same address?

Finally, if they are asking for addresses from 2002 (7 years ago) then surely this is after the 6 year statute bar?

Really unsure what to do next. Should I send them the proof of residence as requested or do I hit them with 'Consumer credit act S.77 (1) & (4) or S.78(1) & (4) states that if I do not have a copy of the agreement within a 30 day time period then you have committed a criminal offence'

Any help would be really appreciated as this is now the only outstanding 'debt' that I have and I have already paid AK one lot of money for something they claimed I owed but am not so sure about any more.