Aktiv Kapital (UK) - Who Are They?

RAS

Hi

The rules changed last year and it is no longer a criminal offence.

Re the OFT Guidelines, it is not acceptable to chase people unless they are sure theya re after the debtor. Will post a link.

Perhaps modify this letter ?

Response to a request for a specimen signature before a creditor/DCA will comply with a CCA request.

Quote:
Dear Sir/Madam,

RE: Account NO XXXXXXXX

Thank you for your letter dated xx/xx/2008 the contents of which are noted.

In your letter you make reference to requiring my signed authorisation /specimen signature** before you comply. I draw your attention to the fact that the Consumer Credit Act 1974 does not require that i supply you a copy of my signature before you comply with my S77/78** request.

If it is for Data Protection purposes then i can happily supply you with documentation to substantiate my identity to you.

However please note that to date you have happily sent statements and correspondence containing extensive sensitive private information to my address. I have to ask if you are concerned that you are corresponding with the correct person why has it taken so long to raise this?

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998:

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

My request for a true copy of my credit agreement under section 77/78** was made on xx/xx/2008 and the 12 working days for your compliance expire on xx/xx/2008.

I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity.

I look forward to receiving the documentation requested

Yours faithfully

Print dont Sign

MummyJilly

GeorgeUK wrote: »

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?

No i've not received a default for it.

melonthieves

RAS wrote: »

Hi

The rules changed last year and it is no longer a criminal offence.

Re the OFT Guidelines, it is not acceptable to chase people unless they are sure theya re after the debtor. Will post a link.


Thanks for that. I will modify that letter to change it to 'proof of address.'

How will this affect the handling of the whole thing though?
Do I now also need to report them to OFT or do I wait until receipt of the reply?
Sorry for so many questions but this came out of the blue in November and has been causing me a headache ever since!

Behindhand??

It does seem that AK are wise to forums like this and the advise as we are all getting the same letters!

Just got my printout of the recorded delivery signiture for 12+2 letter. I have downloaded complaints form from OFT and will draft a copy then email it to them.

Ashabumbleb

Hello, just having a read through this thread as I received a Creditors Notice from Capquest today for a debt I currently owe to Vodafone...unfortunately Voda have been quick off the mark, and I don't fall outside of the 6 years....how mean of them not to wait that long.

I presume that I can send Capquest the £1 postal order and the mumbo jumbo about providing the signed cca.....do I need to send anything to Vodafone? In fact I only read the beginning of this thread that's from 2007....are things still the same? Obviously I don't want to ring these people, and at the moment there is no way that I can pay up...I'm a student, over my overdraft limit, third year, no actual job, so I want to hold off paying them anything as long as possible. Is this the way to do it? Do I have a cca with a mobile phone contract? And why are they asking for 68-something, when last week it was 58-something pounds in the vodafone letter?

Any help much appreciated....as I have no idea where I stand, and don't want anything going against this address as I don't want my parenst credit to be affected in any way.

Many thanks

GeorgeUK

It is not longer the case that occupants of an address have their credit score affected by someone else at that address. If they had a joint account with you so that your finances were linked, then your credit rating may affect theirs, but if you are not linked financially this will not be an issue.

For a mobile phone contract, there is an airtime agreement so a CCA request is of no use. What you can do is write to Capquest requesting a copy of the airtime agreement as you are not aware of owing any monies. They are required to prove the debt - you are not required to prove it is not owed. Do not sign anything that you send to them as it has been known for companies to lift your signature from one document and place it on another.

Do a search on the forum for airtime agreements and you should be able to find some more useful info.

rog2

Behindhand?? wrote: »

It does seem that AK are wise to forums like this and the advise as we are all getting the same letters!

It should come as no surprise to anyone that AK, and many other DCAs, scour this forum. In fact they have often been known to 'plant' their Trolls here, with the sole intention of trying to discredit the advice and help offered by the genuine DFW posters.

In spite of their best efforts, AK and their ilk can not ignore the Law unless they are prepared to accept the consequences for so doing.

True the 'letters' may be the same, but that really does not matter. Indeed it is better that we use a professional letter that is 'tried and tested', rather than attempt to write individual letters that a legal beagle could 'drive a bus through'.

So keep the letters flowing.

Ukevas

Oww it seems they have had a shipment of red paper at the AK HQ...

Same nonsence but on diffrent shaded paper

rog2

Ukevas wrote: »

Oww it seems they have had a shipment of red paper at the AK HQ...

Same nonsence but on diffrent shaded paper

Hold it up to the light and see if you can see the 'Izal Medicated' watermark. :rolleyes:

mippy

Hello - after receiving a letter from AK last year, I now receive one from Buchanan Clark and Wells. The AK letter only gave the debt as GE Capital and with a reference number, but the BCW letter says it was a Dorothy Perkins card. I took this card out in 2002 and it was paid off, via a CCJ :mad: in, I think, 2005 or 2006. I no longer have the paperwork as I lost my paperwork folder whilst moving house a few years ago when I had a LOT of stuff! I am 100% confident though that this has been paid off. I just don't have anything to hand to prove it, and what worries me is that the debt was in 2005 passed on to another company which then got me a CCJ. I wonder if AK have picked up the old GE Capital file?

Either way, how do I go about responding to this? Which letter template do I need to use - 'I do not acknowledge this debt' or one that shows that I have had this debt but now paid it? The letter from BCW is amusing - giving the impression that they will start legal action but not actually saying anything to that effect. Nevertheless, it's a bit worrying. I was tempted to phone them last night to try and clear it up...