Aktiv Kapital (UK) - Who Are They?

RAS

The CCJ will show up on your credit record, so get the case number and check it out that way.

mippy

How do I get the case number without the paperwork? I know it was processed through Northampton County Court and I now have the account number for the account. I don't have a credit report - should I now look at getting these done?

GeorgeUK

You should be able to view your credit report free online with experian (if you cancel within 30 days)

MummyJilly

GeorgeUK wrote: »

So on about the 17th February if you haven't received a copy of the CCA then the debt is in dispute and unenforcable. Until then, jsut wait and see if anything comes through the post - as you said, don't phone them.

If they do not supply a copy of the CCA (they have a legal obligation to do so), then send the 12+2 day letter reminding them of their obligations and stating your intention to report them to the regulatory bodies.

Just to check, this is for a debt covered by the Consumer Credit Act, isn't it - credit card, loan or HP but not an overdraft?

Hi George

I have now got to to the 17th Feb and I have not heard anything back from Activ Kapital so should I send the 12+2 day letter and where do I find that about?

Many thanks for your help :beer:

GeorgeUK

Posts 6 & 12
http://forums.moneysavingexpert.com/showthread.html?t=963087

Little_Girl_2

Hello Everyone..

I feel like calling myself Little Girl because like you guys I've been having problem with Debt Managers regarding Aktiv Kapital FI.. I got a little braver after reading most of the posts here... thank you everyone..

Anyway.. it seems I got a similar letter as you guys from Debt Managers Ltd saying I owe money from Aktiv Kapital.. After reading this forum, I decided it was all a scam but, then another letter came. This time it's a notice of legal action and then few days Russel /+ Aiken Solicitors Debt Recovery wrote me.

This has happened to me before but from another company last year. Sadly, I can't remember which company it was. But after searching the company in the internet, I found out they were also running some sort of scam so I ignored them. I remember though, they were forcing me to send private informations. When they sent me a form asking for my national insurance number.. I knew then they were committing fraud. I completely ignored them and they didn't bother me again.

Following the people's advise in here.. I will write to Russel/+Aitken to provide me proof of their claim. I read in one of the posts here that after the forumer got his/her solicitor write to them, the harassment stopped. Should I also seek advise from a Solicitor about this?

I'm trying not to let this issue bother me so much but it's starting to really scare me. Please help..

Thank you so much again..

GeorgeUK

Hi LG

I think you are quite right that you should be requesting proof that the debt is yours before doing anything else. It may be an old debt that they have bought and are now pursuing but you don't know right now if it is even your debt.

I would send the "prove it" letter and wait to see what they reply with. Send it to whoever is currently pursuing you for payment.
http://forums.moneysavingexpert.com/showthread.html?p=11570893#post11570893

When sending the letter however, make sure that you do not sign the letter. You don't want them to get a copy of your signature. Print your name or type it.

MummyJilly

GeorgeUK wrote: »

Posts 6 & 12
http://forums.moneysavingexpert.com/showthread.html?t=963087

Thank you for all your help

Little_Girl_2

GeorgeUK.. thank you so much for your help. I combined the letter sample you gave me with the other letter I saw in this forum.. Here's what it came down to..



Dear Sir/Madam

Your Ref: xxxxxxxxxxxxxxx

I do not acknowledge any debt to AKTIV KAPITAL FI-GE, or to any organisation you claim to represent. Before I communicate any further in this regard, please prove that the debt is mine by providing me with a signed copy of a consumer credit agreement as well as a full statement of account including any interest or charges applied and a copy of any notice of assignment.

I understand that under the Consumer Credit Act 1974 [sections 77-79], I am entitled to receive a copy of any credit agreement and a statement of account on request. I enclose a payment of £1 which represents the fee payable under the Consumer Credit Act 1974. I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

I understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act. I am familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.
I would ask that no further contact be made concerning the above accounts unless you can provide evidence as to our liability for the debt in question.

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the Trading Standards Department and consider informing the OFT of your actions.

I look forward to hearing from you.


Yours faithfully


xxxxxxxxxxxxxx

Hopefully the above letter is strong enough to really stop them.. Thanks again GeorgeUK.. hugs...

cally6008

Letter received (in reply to statue barred letter) -

Further to your recent correspondence in connection 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 teams on the above freephone 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 your query

Should I send them this one next ?

"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


cally6008"

What letter would I send to Trading Standards ?