Aktiv Kapital (UK) - Who Are They?

naijapower

But why can't the govt clamp down on the likes of Aktiv Kapital. Surely their style cannot be acceptable. It is nothing but pure harrassment and sharp practice coupled with some kind of legalised scam...legalised scam in terms of knowingly trying to con people to pay for debts that is statute barred.

Can we not all arranged a petition to be sent to the relevant authorities so Aktiv can be dealt with once and for all. If we all sign a petition, it would pull weight

rog2

naijapower wrote: »

But why can't the govt clamp down on the likes of Aktiv Kapital? Surely their style cannot be acceptable.

A question we have been asking for years, np. And their style is certainly not acceptable.
Unfortunately, AK, and their ilk, work on the principle that 'debts' which are either statute barred or 'unenforceable through the Courts' for any other reason, are still legally 'debts' and can be pursued until the 'alleged debtor' informs them that they will, no longer, make any payments as the 'debt' is no longer enforceable through the Courts by quoting the relative legislation.
This, unfairly but effectively, puts the onus on the 'alleged debtor' to tell the dca that he/she is aware of his/her rights, quoting the relative legislation.
Everybody knows that 99.9% of 'debtors' will be blissfully unaware of their rights - or even that there is, in fact, legislation that covers 'debt' in general. This is AK's (and others) biggest advantage, and the principle reason for which they will 'buy' debts which are, in fact, legally unenforceale. They 'buy' these debts for a few pence in the pound, which, for the Original Creditor, is better than nothing. Debt Collection Agencies like AK will then set about pursuing the alleged debtor for the full amount of the original debt, often adding on dubious 'charges', by threatening the alleged detor with all sorts of penalties such as CCJ's, attachment orders and even the threat of bankruptcy. This 'intimidation' is designed to frighten the 'alleged debtor' into making, often unnecessary, payments without giving any thought to checking either their rights, under Law, or even if the 'alleged debt' was theirs in the first place.
Of course, they will come up against the occasional 'victim' who is streetwise enough to question their actions or to seek professional advice, but this type of 'alleged debtor' is in the minority. The odds are, certainly, in the favour of people like AK. :mad: :mad:
Debt Collection is a huge industry - and one of the few industries which will, inevitably, grow as the recession deepens. Whilst it 'might' be considered unfair to tar the whole of the Debt Collection Industry with the same brush as Aktiv Kapital, MacKenzie Hall, Moorcroft, 1st Credit, Mercers etcetera, etcetera, I would only say that whilst all Industries will attract unethical elements, the 'Industry' that surrounds 'Debt' seems to attract more than its fair share of scavengers - including Private Debt Management Companies and Debt Collection Agencies (often tenuously interlinked).
There are 'Guidelines' to which these 'vultures' should, but seldom do, adhere. These guidelines make specific mention of Acts such as the Limitation Act and the Criminal Justice Act, but the 'risk' of a dca being taken to task over their open flaunting of these 'Guidelines' is far outweighed by the potential rewards - no wonder, really, that it is an 'industry' that attracts some of the lowest elements of society.
The proble is that the 'guidelines' are just that - Guidelines and not Legislation.
There have been several specific petitions, parliamentary questions and debates concerning some of the worst tactics, often little less than 'thuggery', employed by these 'people'. The Office of Fair Trading is looking at several dca's with a view to revoking their licences - indeed it has revoked many licences in the last year - but the 'industry' is so big that the current, often self, regulatory system can barely scratch the surface of the problem.
Much has been said of the current Government's attitude towards tackling the current economic problems - large sums of money have been promised to 'assist' Debt Counselling, and I, for one, wait eagerly to see how, if at all, effectively these promised funds will be directed towards dealing with the 'spivs' who regard debt as nothing less than an opportunity to profit from the misery of people less fortunate than themselves.

My Monday morning 'rant' against an industry that I despise with a vengeance, is now over - I will now get down from my 'high horse' (for the moment) and 'free the floor' for others. :rolleyes:

rose28454

Aktiv are chasing me for £3335.37 owed to Capital One. I wrote to them on 12.1.9 requesting my CCA. They wrote me this letter on 15.1.9:-

"We refer to your recent letter ragarding the above account

You have requested a copy og the original Agreement citing the Consumer Credit Act 1974.

We are not the original creditor. We did not provide you with original credit facility. We purchased your outstanding debt balance and the right to collect the balance, together with the right to apply interest in accordance with the original Credit Agreement. We did not purchase your actual Agreement, consequently we have no obligation to provide you with a copy of that Agreement.

However, as a matter of good practice, we will seek to obtain a copy of the original Agreement from the original credit grantor and if that is available we will forward a copy to you.

We are the legal owners of your account and your liability is now to us in respect of repaying the outstanding debt balace that was purchased by this Group of Companies""

I have heard nothing since. How do I respond to this?? Many thanks

rog2

rose28454 wrote: »

We are not the original creditor. We did not provide you with original credit facility. We purchased your outstanding debt balance and the right to collect the balance, together with the right to apply interest in accordance with the original Credit Agreement. We did not purchase your actual Agreement, consequently we have no obligation to provide you with a copy of that Agreement.

This is total 'Bovine Excrement' :mad: :mad:

By the very fact that AK are pursuing this 'alleged debt' and whether they are the Original Creditor or not, they are Legally obliged to provide you with a 'true copy of the original consumer credit agreement' and 'deeds of assignment' within 12 working days of receipt of your written request and £1.00 Statutory Fee.
Does not matter whether or not they 'purchased' the actual agreement - without it they are unable to enforce the 'debt' through the Courts.
You should, if you haven't already done so, send them the 12+2 day letter, informing them that they are now 'in default'.

sutton111

Well know matter what they say, if they can't supply you with your CCA the debt is un enforceable through the courts.

They have 12+2 days to get your CCA, has this passed?

rose28454

sutton111 wrote: »

Well know matter what they say, if they can't supply you with your CCA the debt is un enforceable through the courts.

They have 12+2 days to get your CCA, has this passed?

Yes I wrote to them on 12.1.9 and they replied on 15.1.9. The only thing I have heard from them is a phone call chasing me for money. Please can you tell me where I get the template letters. I know I accessed the 1st letter because I sent it to them. I am in a bit of a state financially and paperwork wise also. Ant help greatly appreciated. I also got a county court letter from Solicitos representing Mint last week so I acknowledged it on line to give myself 28 to respond. Am I right in thinking I can still sent a letter to Mint asking for the CCA and if I dont receive it in time I can defend the County Court claim??

rog2

rose28454 wrote: »

Yes I wrote to them on 12.1.9 and they replied on 15.1.9. The only thing I have heard from them is a phone call chasing me for money. Please can you tell me where I get the template letters.

Link for '12+2 day letter:

http://forums.moneysavingexpert.com/showpost.html?p=9196289

rog2

rose28454 wrote: »

I also got a county court letter from Solicitos representing Mint last week so I acknowledged it on line to give myself 28 to respond. Am I right in thinking I can still sent a letter to Mint asking for the CCA and if I dont receive it in time I can defend the County Court claim??

Is this relating to the same 'debt', rose?

rose28454

rog2 wrote: »

Is this relating to the same 'debt', rose?

No unfortunatly I have loads of debt. Split with my alcoholic hubby last year and I am left with about £62000k of debt. I have used the link you sent to send the default letter to Axtiv and now need letter 1 to send to Mint. Sorry I am a bit thick today and cant seem to find the templates. Many thanks

cally6008

And yet another letter arrived this morning from Aktiv Kapital asking me to ring them.
They've already had the Statue Barred letter from me. Thats two letters this month I've had , 11th Feb and 23 Feb.

What letter can I send them to tell them to shove off once and for all ?