Aktiv Kapital (UK) - Who Are They?

rog2

Charl__x wrote: »

Rather than getting into any more phone conversations with them, or sending them unnecessary personal details, do you suggest we send them on of the statute barred letter templates and see what happens?

Absolutely - use the 'template letter' on the followin link:

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

It is up to them to PROVE that the 'debt' is not Statute Barred.

cally6008

Can I have some advise on this one please - http://forums.moneysavingexpert.com/showthread.html?t=1609751

Charl__x

rog2 wrote: »

Absolutely - use the 'template letter' on the followin link:

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

It is up to them to PROVE that the 'debt' is not Statute Barred.

Thanks. That's what I've done - used that template and amended it where necessary.

I like the idea of them having to do all the leg work - trying to prove the debt is ours. They will have a hard job on their hands, because I know for certain the debt is not ours!

I just can't get my head around how they can do this! With all the cases I have read so far, Im shocked that nothing has been done against them up until now, and theyre still getting away with it!

rog2

Charl__x wrote: »

I just can't get my head around how they can do this! With all the cases I have read so far, Im shocked that nothing has been done against them up until now, and theyre still getting away with it!

Well done, Charl :T Whatever you do, do NOT get embroiled in any request, by Wescott, to prove that YOU are NOT the debtor - it is entirely THEIR responsibility to prove otherwise.

Good luck.

SolicitorMidlands

AK are crooks. Watch what you say over the phone to them as they will twist it. Putting things in writing is much better.

UpToMyEyesAgain

Hello,
First time I've had to look in anywhere like this and it's taken me about
4hrs to peruse most of the posts, some of which had me in tears.
Today I got a letter from:
Aktiv Kapital, PO Box 3424, Cheshire, CH1 9BS. Tel. 0800 731 6361
with reference to:
Agreement No. (which is correct) GE Capital (Time Retail Finance Ltd.)
Outstanding Balance £1,298.21.
Apparently Aktiv Kapital is acting as Collection Agent on behalf of
Aktiv Kapital (I'm acting on behalf of me), and they are virtually begging me
to get in touch, if not at once....., immediately will do.
They say they have "procesed my account through public databases"
and that confirmed I am living here. If I am the person I have to phone
them on the above number.
If I am not the person I have to phone them on 0800 028 0773 so
they can amend their records which they said, have been confirmed...???.
I found a default letter from Time Retail dated 2nd Sep. 2002
and that was to a previous address, and this letter, from A.K. is the first
communication since.
So to find any CCJ's one goes to a CRA and through past experience
that alerts every Tom, !!!!!! and Harry who you ever owed a peanut to
from the year dot.
My Questions therefore,
1. How do I know if I have a CCJ without alerting everybody and their mother?
2. Do I ignore this letter and the next and the next?
3. Which database gave them my details without any authority from me?
4. If they have confirmed their records, why the hell should I?
5. What do I do now?

I suffer terribly from depression, don't go out, answer the phone or the door,
hardly eat, hardly sleep, (not slept in my bed since Xmas eve), can't watch
T.V 'cause the tears roll down my face at good things as well as bad and didn't
think it could get worse. Ohh how wrong I am..... yet again!
I do owe the money on reflection, and forgot entirely about it having
moved five times, married, divorced on the sick and haven't got two
ha'pennies to rub together.

cally6008

I found a default letter from Time Retail dated 2nd Sep. 2002 ==== This debt is Statue Barred now as 6 years has gone past.

Send AK this letter ....

Your Address
The date you write the letter[FONT=&quot][/FONT]

Aktiv Kapital (UK) Ltd,
Wells House,
15-17 Elmfield Road,
Bromley,
Kent,
BR1 1LT

I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

Dear Sir/Madam

Ref Number: <insert reference number here>, Agreement Number: <insert agreement number here>

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".

I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

The last correspondence/payment/acknowledgement or payment of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970".

I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I look forward to your reply.

Yours faithfully




TYPE NAME .. DO NOT SIGN

UpToMyEyesAgain

Thank you Cally6008 for your extremely quick response
suggesting I do not ignore the letter.
I have indeed copied and editted the letter you posted.
However I am still very much in the dark here.
Let us suppose that the letter I received in 2002 may
have been the first of many and others were sent to my
previous address's afterwards and hypothetically. after
April 2003 one of these happened to be a court summons
for non payment.
Obviously I know nothing of this, but a CCJ could have
been put in place, (even more likely and certainly very
easily with my non attendance) at a hearing I knew nothing
about.
So, would that not constitute that contact was actually
made, re the debt, within the six year period, making the
Statute Barrred legislation irrelevant?
Also, because of a possible CCJ being in place, would
mean I am still in fact liable for the debt which was in 2002
£1220.61 and A.K. have produced a figure of £1298.21
which, after such a long period, does not seem to have kept
up with inflation. I suppose I should count that as the only
piece of luck I'm entitled to. (What does £77.60 over nearly
7 years equate to?)

cally6008

Not sure, you'd have to wait till Rog2 or one of the others sees this as they'll know

~Chameleon~

UpToMyEyesAgain wrote: »

My Questions therefore,
1. How do I know if I have a CCJ without alerting everybody and their mother?
2. Do I ignore this letter and the next and the next?
3. Which database gave them my details without any authority from me?
4. If they have confirmed their records, why the hell should I?
5. What do I do now?

Asking a CRA to look at your credit files won't cause you any problems whatsoever, or trigger any "alerts" to other companies that you have indeed made this request. You are entitled to see them.

You can do this online free of charge if you take advantage of the 30 day free trials with Experian and Equifax, just remember to cancel before payment is due if you don't want/need ongoing access to them.

Even if a CCJ was issued against you back in 2002/3 it's likely to have dropped off your credit files by now anyway as they only hold information on you pertaining to the last 6 years.

Try not to worry too much (easier said than done, I know, especially when you're depressed) but AK are nothing more than bullies and they get a kick out of scaring and intimidating people. Even if you decided to completely ignore this letter they wouldn't do anything other than send you letters approx every 3 weeks for the next few months!

If you can handle ignoring those letters without it stressing you out too much then I would suggest that might be a better course of action as contacting them, even by letter (NEVER PHONE THEM) confirms to them they have "found you" and are likely to put even more pressure on you!

I had a similar problem last year (you might have read my previous posts) and I completely ignored them and <touch wood> not heard from them again for several months now