Aktiv Kapital (UK) - Who Are They?

ouija

Thanks for your reply. I already am compiling a formal complaint I really think if everyone in this thread did the same, Aktiv Kapital would be in a spot of bother.

I don't have proof, should I have sent it recorded delivery? I will gladly re-send it.

The only reason I spoke to them was to tell them not to call me again. Didn't work, of course.

RAS

Absolutely re-send the letter registered post - costs £1. Worth every penny.

RAS

Go to the link and read the OFT ruling on 1st Credit. It is worth downloading the pdf from the OFT web-site as it has all the detail.

http://forums.moneysavingexpert.com/showthread.html?t=1522177

ouija

I will do that tomorrow. My letter didn't refer to the data protection act.

I have info on harassment (Administration of Justice Act 1970) which they may be breaching. And various other bits and pieces from the Debt collection guidance document from the OFT. Oh and I have that document too

I will definitely see a complaint through. Not only because of my own dealings with this ridiculous "company", but because of the amount of people affected by them. It's despicable and disgusting.

Thanks again.

RAS

List of people to whom you can complain.

Office of Fair Trading, Contact page: http://www.oft.gov.uk/contactus

The Information Commissioners Office, Complaints page: http://www.ico.gov.uk/complaints.aspx
(note: I chose to complete and download the .pdf form on Data Protection, which I am also sending to the other offices, with an accompanying letter)

Trading Standards, Central office homepage: http://www.tradingstandards.gov.uk/
-Please note, you can search by inserting the postcode in the top right hand corner, remember to use the postcode of the DCA rather than your own-

Consumer Credit Association, enquiries page: http://www.ccauk.org/consenquiries.htm

the Financial Ombudsman Service, Contacts page: http://www.financial-ombudsman.org/contact/index.html

Members of parliament list, (as provided by RAS): http://www.parliament.uk/directories/hciolists/clomps.cfm



will try and find a section that can be used to demand they remove your details. That means you can complain to the IO if they contact you again.

RAS

Got it



Data Protection Act (Data Protection Act 1998)

Furthermore, under the Data Protection Act (D10), you are also denied the authority to pass on any of my personal data. To do so in the circumstances is I understand a breach of the Data Protection Act 1998, and also the OFT guidelines, and should you ignore my request it would again result in you being further reported to the relevant authorities.

I also require that you remove all my data from your files within the next 7 days and look forward to receiving a letter from you within 10 days confirming that you have complied with this request. Once you have sent this, I expect all my details to be removed from your contact files.

ouija

Now that is useful! I will amend my letter. Hooray for the data protection act :T

rog2

MummyJilly wrote: »

I need your help again! I sent the 12+2 day letter back and I received the following response from Activ Kapital;

We refer to your recent request for documentation under the Consumer Credit Act 1974.

We are unable to process your request as we have been unable to confirm the relevant information required despite repeated written requests.

Therefore, we are returning your £1.00 fee. We would still be happy to assist you, however we will need to confirm the required information.

We would ask that you contact this office without prejudice on the above telephone number in order for us to progress with this matter.

So what should I do now? Do I just leave it or send another letter?

You actually don't need to do anything at the moment, MJ. Aktiv are, illegally trying to avoid their responsibilities under the terms of the Consumer Credit Act. By the very virtue of the fact that they (AK) were chasing you, for payment towards an alleged debt, they are bound by the terms of The Act.

If they 'bought' the debt, then it is their responsibility to ensure that they have the correct documentation to ensure that they can, legally, pursue the debtor for payment. Unfortunately, companies of the ilk of AK will 'buy' parcels of 'debt' that are either legally unenforceable under the terms of the Limitation Act, or which have, effectively, been written off by the original creditor because of lack of correct documentation, etc.. As such, these 'debts' have very little real value and AK, and their cohorts, will often pay just a minute fraction of their 'face value'. They will, then, vigorously, pursue the 'alleged debtor' for the full face value, often adding on dubious 'charges', of the original 'debt'. Their two weapons are fear (through threats of 'potential legal action') and the almost 'sure and certain knowledge' that the alleged debtor will be totally unaware that there are Laws, governing credit and debt, that will afford the debtor protection from these 'scavengers' and their highly questionable methods.

They see, and use, 'Debt' as a license to print money.

Do NOT phone them - instead just wait until the 12 working days, from their receipt of your cca request, are up. Then send them the 12+2 day letter informing them that they are in dispute.

Furthermore, if they pass your details on to any other dca they will then also be in breach of the Data Protection Act.

MummyJilly

Hi Rog

Thank you for your advice, it definitely fear they impose on people isint it. I have already sent the 12+2 day letter and the text I put up was there response. I have also received another letter today asking me to call them again!

RAS

report them to the OFT and trading standards. Details of contacts are on post 877 on the previous page.