Aktiv Kapital (UK) - Who Are They?

rog2

ouija wrote: »

Just a quick update, Aktiv Kapital phoned again the other night and got me in. I stopped the guy and told him not to call again. I explained that the debt is statute barred and before I could even continue he said "now that you've told us, I can now terminate this call".

They haven't been back in touch but I'm still going to send off the letter to have my details removed from their records.

Hopefully a good result, but send off the letter to be sure. :T

melanie_ukgirl

hi everyone,
ive stumbled across this site by accident and have to say ive a debt with aktiv kapital.
the debt is not statury barred for another 2 years, but does that mean that if they cant provide a signed copy of where the debt is from they i dont have to pay the rest of it off???
i mean they were threatening me badly for months and i wasnt even sure what debt it is...think it might be of an old credit card...so i caved in and started paying £30 a months, but now looking at the letters it doesnt tell me what the debt is for and only gives me a reference number...
any ideas anyone?
thanks a lot.
mel

GeorgeUK

Melanie, if this debt is yours, then as you have made payments, it will not be statute barred for another 6 years.

They do however need to prove that the debt belongs to you. As you don't know what the debt is for it is a little difficult, but you could request a copy of the credit agreement. You can send a CCA request for £1 - if they are unable to provide a copy of the credit agreement or it does not have all the required prescribed terms, then it may not be enforcable. The agreement that you get back probably won't ahve any signatures on it though.

If you have had charges applied to this account in the past 6 years then you should send a subject access request (SAR) to the original creditor (once you find out who it is and what it's for) to reclaim the charges and also request a copy of the CCA from them. This will need to be an exact copy so then you will be able to see exactly what is on the agreement and if it is enforcable.

If it's for an overdraft, then there will be no credit agreement and there is not much you will be able to do about it.

Farside1

After sending off the 12+2 days letter to Aktiv last week I have had a reply today asking me to contact them to "clarify" information to help them obtain a copy of the CCA. I shall of course ignore this as they are already well out of date.

I would like to draft out the 30-day letter ready to send off at the beginning of April. Now that the law has changed and they are no longer committing an offence by not supplying the information, can anyone help me with what the wording should be?

many thanks

rog2

Farside1 wrote: »

I would like to draft out the 30-day letter ready to send off at the beginning of April. Now that the law has changed and they are no longer committing an offence by not supplying the information, can anyone help me with what the wording should be?

The Consumer Credit Act was, as you say, amended last year, and the clause that made not supplying a cca within the +30 day period into a 'criminal' offence was removed.
So there is no longer any need to send the 30 day letter.
You have, already, sent the 12+2 day letter - this is more than sufficient to remind AK that they are 'in default'.
Quite simply - as they have not provided you with a true copy of the executed cca within the legally prescribed time period then they can not continue to try and 'enforce' the agreement withoiut permission from the courts. In the unlikely event that they do initiate court proceedings, then you have, already, done sufficient to enter a 'defence'. Not only would AK need to provide the cca to the Court, but they would also need a pretty good reason as to why they did not adhere to your rightful request.
Ignore any request, from AK, to phone them - they are trying to divert your attention away from the fact that they are in default, and will try other ways in order to force you into paying what sounds like an unenforceable debt.

Farside1

Thanks Rog2.

If they write again should I reply saying I will report them to OFT etc for harrassment as they are in default?

I really could do with stopping their constant drip drip of letters as it obviously has the effect that they want in terms of worrying people - that said they can send all the letters they like because I'm not going to pay them a penny and certainly won't be tempted to phone them. My worry is the impact on my wife's ill health if she were to beat me to the post

Little_Girl_2

Hello Rog2 and GeorgeUK..

I'm back again for an update.. I sent the prove-it letter on the 18th February to the Solicitor/Agency of Aktiv. In response, I then I received a letter from Debt Managers Ltd dated 24th February, saying that they have requested a copy of the signed agreement and will revert back to me once they got hold of it.

It's now Friday the 13th (screeeeeeeech....) should I send the second letter you talked about now? Or do I still have to wait for few more days?

I believe Debt Managers Ltd were the same company that wrote to me last year saying I owe Barclays some money. I checked them out in the net at the time and it seemed these people are taking chances just incase people like me gives in.. I even went to Barclays at the time and they told me that they couldn't find any information about the company nor debt under my name.

I remember Debt Managers Ltd wanted me to fill in forms detailing my private informations such as NI number, DOB, finances.. etc.. I was glad I checked the company in the net and saw a forum full of people being harrassed by them. I ignored them but now they are back trying to pursue me for Aktiv Capital..

Nightmare!!!!!!!

RAS

HI LG

Send out the 12+2 day letter.

rog2

Little_Girl wrote: »

It's now Friday the 13th (screeeeeeeech....) should I send the second letter you talked about now? Or do I still have to wait for few more days?

Definitely send the 12+2 day letter.

Debt Managers are unable to fulfil their legal obligations within the prescribed time and are, therefore, 'in default'.

Even if they are able to get hold of a true, compliant copy of the executed cca, they have had their time and would need to apply to the Courts for permission to 'enforce' any agreement.

And never divulge the type of personal information that they have asked for.

Good luck.

Little_Girl_2

Hello Rog2 and RAS..

Thank you very much for your help..

Just to confirm this is the template I need to send them...



..................................................................................................




Dear Sir/Madam


ACCOUNT NUMBER: *******************


I do not acknowledge any debt to your company.


I wrote to you by Special Delivery/Recorded Delivery ( Ref ******) on ***** 2007 asking for a copy of the above agreement together with the relevant information under Section 77-79 of the Consumer Credit Act 1974, enclosing a 1.00 postal order as the fee payable. This letter was delivered and signed for on *****, 2007.



The Consumer Credit Act allows 12 working days for this request to be carried out before your company enters into a default situation. This occurred on *****, 2007. If the request is not satisfied after a further calendar month, your company commits an offence. Therefore on ********** 2007 this time limit will have expired.



I have still neither received a copy of the agreement as required by S78 Consumer Credit Act 1974, nor any other information relating to same. As such, this account has become unenforceable by law. As you are no doubt aware subsection (6) states:



If the creditor under an agreement fails to comply with subsection (1)—



(a) He is not entitled, while the default continues, to enforce the agreement; and
(b) If the default continues for one month he commits an offence.
As such, now that the 12 working days have expired (from your receipt of the request for the agreement and supporting documents) the account is now in dispute. Whilst it remains in dispute the agreement is unenforceable.

Whilst it is unenforceable, no interest is to be added to the account. No action can be taken against me. No adverse credit references or defaults can be listed against me with Credit Reference Agencies. The account cannot be passed to a Debt Collection Agency. And lastly, I am not obliged to make any further payments to the account. Essentially, the account is ‘held’ as it was on the date of the CCA request expiring (****, 2007)


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.

Yours faithfully,

...............................................................................


Hugs guys.. thanks again...