Aktiv Kapital (UK) - Who Are They?

flosspot

Hi,

Just been reading some of your posts on AKTIV. Had big panic yesterday as got a letter from a company called CALL SERVE telling me I owe £9033.91.

I have not had a bank loan since 1994/5!!!! Phoned them and asked for more information. I'm not handing over any money or bank information until I see my signature on a loan application form.

Would be grateful for any advice.

GeorgeUK

If you have made no payments towards this debt or acknowledged it in writing for 6 years (if this debt is yours), then it will be statute barred. You should use the template letter from the nationaldebtline site to tell them to go whistle.

Palm_Centro

better still you return to under your little bridge Mr Troll

rog2

herbiecostello wrote: »

sent cca(scotland )letter and request under telecommunications act.on2nd March. they havent acknowledged the tel comm act letter but have stopped phoning. have enclosed two letters I have got since. They never even had the courtesy to thank me for my one pound postal order.

05/03/09 Dear Sir, We refer to your recent your recent correspondance From your request under the Consumer Credit Act 1974 we can confirm that we are currently in the process of requesting the relevant documentation on your behalf from the original creditor
We would point out that, as we are not the original creditor the Act allows 12 working days plus 30 further days before we are entered into a default situation We believe we are exempt from this due to the processes sometimes required in order to obtain the documentation from the original creditor
Once we are in receipt of the requested documentation we will provide you with copies

09/03/09 Dear Sir, We refer to previous communications in regards to the above account

We acknowledge receipt of your request under the Consumer Credit Act 1974. We are now in receipt of stratements for this account, however Data Protection law prohibits us from issuing a copy to you before we have confirmed your identity and residence

Therefore, please forward details of your previous addresses since 1997 (including from and to dates), along with any proof obtainable to confirm you were residing at the addresses
On receipt of this information we will forward a copy of the statements to you, please do not hesitate to contact us should you have any further queries
A pre-paid envelope is enclosed for your convenience and we will look forward to hearing from you as soon as possible.

You need to confirm NOTHING, hc. The Act does NOT allow them an extra 30 days irrespective of the fact that they are not the Original Creditor.

They are now in default.

Please do not be distracted by their feeble references to 'Data Protection'. If anything, it is they who would be in breach of the Data Protection Act by sending you a demand in the first place without having erified that you are, in fact, the debtor they were looking for.

You mention '1997' in their letter. If they are referring to a 'debt' from 1997 then it is more than likely to be 'Statute Barred' under the terms of the Prescription & Limitation (Scotland) Act, 1973:

http://www.nationaldebtline.co.uk/scotland/factsheet.php?page=23_prescription_and_limitation_act

Little_Girl_2

rog2 wrote: »

You're more than welcome L_G - Good luck and please keep us updated. :T :T

Hi Rog2.. Just an update.. I received a letter from Debt Management again dated 20th March. Attached to the letter is a very bad copy of Credit Agreement. The details are barely readable but it has my name, signature, date of birth and details of our business account.

It was under my name addressed in the hotel business that my ex husband and I used to run. I believe it was for the laptop used in the business and according to the Agreement was taken on a buy now pay later basis. According to the Agreement it was taken on 2002 and our business stopped trading in September 2003.

We were never chased for the debt until now. I really feel physically sick because it seems my horrible past is haunting me again. The worst thing is that the laptop was taken by my ex-husband after he threatened to bash it over my head... (flashbacks.....)

What a nightmare! It's making me so depressed..

GeorgeUK

LG - any copy of a CCA must be clearly legible. Can you read all the writing that is on the document?

The debt for the laptop would have started from the date of the first missed payment. Have 6 years passed since that date without payment being made or acknowledgement of the debt being made in writing?

rog2

Little_Girl wrote: »

It was under my name addressed in the hotel business that my ex husband and I used to run. I believe it was for the laptop used in the business and according to the Agreement was taken on a buy now pay later basis. According to the Agreement it was taken on 2002 and our business stopped trading in September 2003.

Hi L_G

As George says, any 'agreement' provided must be both 'compliant' and 'legible'. Have you, or indeed can you check to see that the terms comply with those required by the Consumer Credit Act?

http://forums.moneysavingexpert.com/showthread.html?p=7869437

Also, can you remember when you made the last payment? If you hae made no payment towards, nor written acknowledgement of, a debt for a period of 6 years (5 years in Scotland) then the debt would almost certainly be covered by the Limitation Act 1980, and would be 'Statute Barred', making it 'unenforceable through the courts'

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

The other question is - did the 'folding business' result in your bankruptcy? If the answer is yes, then this 'debt' would no longer exist.

tomterm8

Little_Girl wrote: »

The details are barely readable but it has my name, signature, date of birth and details of our business account.

It's not regulated by the consumer credit act 1974 then.

northernguy_2

Hi, I too have received communication from Aktiv Kapital in the form of a 'compliments slip' requesting I telephone them, no details given. I phoned and was told they were pursuing debt from an account opened with J D Wilson, a clothing company in the sum of £130 in Feb 2007. I informed them I have not opened this account, and have not lived at the address they quoted since 2006. They do not have my correct birthdate and they were extremely rude to me on the phone. I passed this to my solicitor to deal with, and they are uncooperative with them also. They are now requesting proof of my date of birth and proof of the date I moved house. I amnot inclined to give this information now after reading this forum. I will take advice from the forum and send the letter requesting a copy of the 'Agreement', although I know no such Agreement exists. How can this company get away with such unprecedented harrassment?

rog2

northernguy wrote: »

They are now requesting proof of my date of birth and proof of the date I moved house. I amnot inclined to give this information now after reading this forum. I will take advice from the forum and send the letter requesting a copy of the 'Agreement', although I know no such Agreement exists. How can this company get away with such unprecedented harrassment?

'Don't tell em, Pike' - I mean northernguy, but just couldn't resist that one. :rotfl:

The onus is on the dca to prove that the person they are pursuing is the correct debtor - not the other way round.