Aktiv Kapital (UK) - Who Are They?

bestyman

Re thefury (above)

Hi,
Welcome to the site and try not to worry. Most of us on this board are or have been in bad debt and there is light at the end of the tunnel so to speak.
You would be better off starting your own thread in DFW, lots of people there much more knowledgeable than me with general debt problems who will help you loads.
The bit of advice I can give is to make a plan( DFW will help) see how much you can pay and that way it feels really good when you can see improvements been made, howevor small and debt colection companies are off your back . Allocate some money to yourself, you shouldnt have to go without a reasonable lifestyle no matter how much money you owe
You have probably learnt a lot on this thread re debts over 6 years old and debts with no consumer credit agreement which is all good to know.
I once rang http://www.nationaldebtline.co.uk who were really helpfull and didnt charge anything and lots of info on their website.
Get that new thread started with details of all your incomings and outgoings and it wont be as bad as it seems now. If you dont have a pot to p*ss in at the moment then that means that things can only get better :O)

Hope this helps

Mark

tomterm8

thefury wrote: »

Ok thanks for the help you peaple for Aktiv Kapital as i recieved one this morning for a debt back in 1996 from dept managers ltd. On the same morning i also recieved a letter from central debt recovery unit for a HSBC credit card from 1993 for 4800.00. I had a card with a 5000 limit which my ex blew away and also other debts bought out in our name without me having any idea of where our money was going. We started paying Aspire (a debt manager) £350 a month for a year only to find that hardly any money was paid. With all the stress my partner left me to go back to her parents and declare herself bankrupt at a cost of £450. I have over the years have had letters from HSBC then from DG Solicitors on there behalf untill 22 march 07 and now from Central Debt recovery unit of which i must say, i could draw up the letter myself on any computer as it is very tacky. I have no money even to go bankrupt and dont own anything, not even a pot to p*ss in or a window to throw it out off.
Any ideas or loopholes welcome but no ideas about me getting a long rope as i have already thought of that and i cant afford it.

Have you written to them, or paid them anything in the last six years + 1 month? If not, these debts are statute barred.

LucyToons

i have received several letters from Aktiv Kapital, in an attempt to find out once and for all what they were after me for I caleld them today.

The debt is for a bank account (Barclays) which I had a few years ago (7 at least) whn I lived down in Devon. They said the debt was passed to them on the 16th February, I remember having the bank account but I remember closing it in good-standing.

I am not sure which letter I should be sneding to them and also unsure how to proceed after this, I am moving in a couple of weeks and am having to get my mail redirected, they said they had been able to track me down, I had to give them 4 address (inclusive of the old one) before they told me what address it was, but they had not written to me @ any other address.

I would like to send the letter tomorrow so as to get it onthe way before the bank holiday weekend, so if anyone can give me any tips etc. they would be welcomed.

bestyman

Hi,
This thread should help (below), in the last post there is a link to nationaldebtline template letter that you may need

HTH

http://forums.moneysavingexpert.com/showthread.html?t=418906&highlight=statute+barred

NearlyThere2008

The story so far:

1. Wrote to Time Retail Finance (Now GE money) under the DPA. GE wrote back to say they found my account but had no records of any correspondence between myself and them!

2. I wrote to AK, Experian & Equifax stating I had never been issued a default notice so please remove the default.AK wrote back and said they absolutely refuse to remove it as it was valid and WHEN/IF I settled it would be marked accordingly (They didnt check as it was satisfied over 4 years ago!)

3. undeterred I send them another letter:

Dear Mr *****

Thank you for letter dated *****

Further to this I have never recieved such a notice, and I therefore require you to substantiate this data at your earliest convenience.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number **** ******.

2. You must supply me with a signed true and certified copy of the original default notice

3. Any deed of assignment if the debt was sold on

I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.

Yours faithfully

Mr ******

They have since written back a standard letter saying they are checking with TRF (Who have no paperwork) and will get back to me within 30 days...

So who knows what will happen.

Saying that this forum has been a godsend and so has another link I found by searching here :

http://www.learnmoney.co.uk/credit-cards/remove_default_notice.html

Watch this space....

BAILIFFCHASER

Have you sent them a cca request ?

tomterm8

He did, but he set the notice at 28 days.

Do a DPA request as well, to the Data Protection Controller by registered post. (please note, spell check, 'cause I am dyslexic)

"Dear Mr X,

Please note that I do not acknowledge any debt to your company.

I understand that you have shared my sensitive personal information with a third party, XXX.

I also note that you have refused to stop processing my personal data, and sharing my data with other organisations, in a phone conversation of the XXX, and in a letter of the XXXth.

I do not recall giving you my explicit consent to process my sensitive personal data, or to share such data with other organisations. As you are aware, it is an offence under the Data Protection Act 1998 to disclose sensitive personal data without lawful reason and/or the permission of the data subject. You are also expressly prohibited from processing personal data without permission unless you can show that it is as necessary to enforce a lawful right or interest, such as an enforceable contract.

I request that you send me, within 7 days of this letter, a true copy of such a contract AND a true copy of an explicit consent to process and distribute this data. Also a true copy of any assignment of the contract to your organisation

I also ask that within 12 days you send me copies of all data you hold on me, as part of this notice. I explicitly include any records/ recordings of phone conversations in this notice

If you fail to comply within the notice period, I will immediately complain to the statutory authorities in the first instance. Since you have already refused to stop disclosing my data to third parties, I regret that I will be unable to extend this notice period.

You will be responsible for any damages or distress failure to comply with the Data Protection Act causes me.

I note that failure to comply with the data protection principles is a serious breach of both FSA and OFT guidelines and that I will report this to the authorities.

If your actions are mistaken, I require you to inform me immediatly of the steps your will take to rectify the situation and mitigate any damage.

I enclose a postal order (serial no XXXXX) for £10, in payment of the statutory fee.

I look forward to hearing from you,

Yours Sincerely,

XXX"

squelch123

This is great info about this bunch of pure chancers -Aktiv Kapital/Debt Managers Ltd!

I too have been receiving hassling letters from Debt Managers Ltd in Scotland - they claim I owe over 2 grand to Aktiv Kapital F1 - World of Leather. I have no idea what this so called debt is - I have ignored the first letter (final demand) but the second letter (Court Action) I called the Debt Managers Ltd website number (an 0161 number) rather than the premium rate number which always puts you on hold no doubt charging ridiculous £'s per minute - and got put through to someone's voicemail - I didn't leave a message and did not tell them who I was either. Next day (today 17th April) I get a threatening phone call from some one called 'Moira' without stating company etc calling from, telling me I must call the 0870 premium rate number before 8 o'clock this evening (17th April). So it seems they are scrapping around looking for anything they can to make me buckle under the pressure and admit liability - WHICH I WON'T as it is not my debt!!! My advice: Never Ever admit anything to these chancers - these debts judging from previous posts are either not real as In my case or are far too old to be chased but they bank on the fact that people are going to panic and possibly admit liability and pay up. If you imagine your reaction when you got the first letter you may well have tried to call them immediately in panic and intrigue - bingo!! they get their premium rate £'s from your phone call to the 0870 number.
If they persist, tell them they must prove the debt is yours with original agreement info. They must legally supply this - and if they want to persue the debt they must first issue a 'Default Notice' on you. Then they must apply to the court for a 'claim form' to be issued on you (this giving details of the debt). You will receive a copy of the 'claim form' which MUST be stamped by the court. Do not ignore this letter, write back on the 'defence form' that this is not your debt and do not acknowledge it, then Wait for the court summons stating the hearing date for you to attend - which you must go to to enable you to tell the courts debt is not yours or too old. Although I doubt it will get this far as in my case they cannot prove that I owe this debt as it's not mine.
Also, take a look on the http://www.hmcourts-service.gov.uk website - this will give you all info you need ref bailiffs. If these debt agencies tell you they are going to send a bailiff round - challenge them - tell them "Bailiffs are people who work on behalf of the courts - you are a collection agency and therefore you only employ representatives whom you are claiming are bailiffs and these people have no powers at all and I do not have to speak to them or you".
Don't buckle under the pressure and don't worry;) - that is what they are banking on!
I'll let you all know how I get on.....;)

thefury wrote: »

Ok thanks for the help you peaple for Aktiv Kapital as i recieved one this morning for a debt back in 1996 from dept managers ltd. On the same morning i also recieved a letter from central debt recovery unit for a HSBC credit card from 1993 for 4800.00. I had a card with a 5000 limit which my ex blew away and also other debts bought out in our name without me having any idea of where our money was going. We started paying Aspire (a debt manager) £350 a month for a year only to find that hardly any money was paid. With all the stress my partner left me to go back to her parents and declare herself bankrupt at a cost of £450. I have over the years have had letters from HSBC then from DG Solicitors on there behalf untill 22 march 07 and now from Central Debt recovery unit of which i must say, i could draw up the letter myself on any computer as it is very tacky. I have no money even to go bankrupt and dont own anything, not even a pot to p*ss in or a window to throw it out off.
Any ideas or loopholes welcome but no ideas about me getting a long rope as i have already thought of that and i cant afford it.

squelch123

This is great info about this bunch of pure chancers -Aktiv Kapital/Debt Managers Ltd!

I too have been receiving hassling letters from Debt Managers Ltd in Scotland - they claim I owe over 2 grand to Aktiv Kapital F1 - World of Leather. I have no idea what this so called debt is - I have ignored the first letter (final demand) but the second letter (Court Action) I called the Debt Managers Ltd website number (an 0161 number) rather than the premium rate number which always puts you on hold no doubt charging ridiculous £'s per minute - and got put through to someone's voicemail - I didn't leave a message and did not tell them who I was either. Next day (today 17th April) I get a threatening phone call from some one called 'Moira' without stating company etc calling from, telling me I must call the 0870 premium rate number before 8 o'clock this evening (17th April). So it seems they are scrapping around looking for anything they can to make me buckle under the pressure and admit liability - WHICH I WON'T as it is not my debt!!! My advice: Never Ever admit anything to these chancers - these debts judging from previous posts are either not real as In my case or are far too old to be chased but they bank on the fact that people are going to panic and possibly admit liability and pay up. If you imagine your reaction when you got the first letter you may well have tried to call them immediately in panic and intrigue - bingo!! they get their premium rate £'s from your phone call to the 0870 number.
If they persist, tell them they must prove the debt is yours with original agreement info. They must legally supply this - and if they want to persue the debt they must first issue a 'Default Notice' on you. Then they must apply to the court for a 'claim form' to be issued on you (this giving details of the debt). You will receive a copy of the 'claim form' which MUST be stamped by the court. Do not ignore this letter, write back on the 'defence form' that this is not your debt and do not acknowledge it, then Wait for the court summons stating the hearing date for you to attend - which you must go to to enable you to tell the courts debt is not yours or too old. Although I doubt it will get this far as in my case they cannot prove that I owe this debt as it's not mine.
Also, take a look on the http://www.hmcourts-service.gov.uk website - this will give you all info you need ref bailiffs. If these debt agencies tell you they are going to send a bailiff round - challenge them - tell them "Bailiffs are people who work on behalf of the courts - you are a collection agency and therefore you only employ representatives whom you are claiming are bailiffs and these people have no powers at all and I do not have to speak to them or you".
Don't buckle under the pressure - that is what they are banking on!
I'll let you all know how I get on.....

It_was_me_2

Like most, i have recieved a letter, however after speaking with these people, the demand of 1700 plus and the orignal of 2700, after nearly four years of payments seems extreme. i have sent the letter as advised from other thread users and will await outcome. however the question is do i have to pay all the costs, that is even as part of the agreement signed years ago, i expect to pay costs. is there a reasonable limit or do i have myself at the mercy of the Debt managemnt companies
thanks