Aktiv Kapital (UK) - Who Are They?

froglet81_2

Hi
I've received few letters from AK, so I went and check my credit report to see if there are any debts listed. There is absolutely nothing on my file apart from my mobile phone bill (the status is 'satisfactory')... Does that mean that the debt they are talking about doesn't exist (or is over 6 years old)?
Thank you

GeorgeUK

First of all, AK need to prove that you owe the debt. It is not up to you to prove that you don't owe it. They are not too fussy about who pays for the debt either. If it is not your debt and you pay it anyway, as long as they are getting the money they are not bothered.

Do not phone them.
Usually after they get your phone number they will constantly call and harass you one the phone. Only communicate in writing with them.

Do not confirm any details to them.
If the ask your name or date of birth or previous address, do not confirm anything or tell them any thing. If you owe the debt, what is topping them from writing to you with details of the debt for you to make repayment arrangements?

If you are usure if you have a CCJ against you for a debt, you could check the Rigistry trust, although you do need to pay for the information.
http://www.trustonline.org.uk/

If you were to get a copy of your credit report, you would need to inform them of your current address which is sometimes flagged up to creditors if you owe them money and they do not have your current details. This is the only drawback to requesting your credit file but it is usually best to deal with creditors head on if they do come looking for you for any reason.

Little_Girl_2

Hello Everyone,

Sorry for my disappearance.. I got so depressed with the whole thing with Debt Managers. Anyway, they sent me another letter.

I didn't opened it but I can almost make out what it was all about. The letter was informing me that some guy is going to visit me at a certain time. It doesn't have a date nor any reason why this guy is visiting.

I tried not to panic but since receiving that letter my stomach is hurting with worries. After reading some guidelines here I believe the letter they sent me constitute to harrassment..

The whole matter is affecting me and my health. I just wish it would go away..

GeorgeUK

Why not open the letter LG?

If they are saying that they intend to visit, according to the OFT guidelines, they are supposed to make an appointment first. Send this letter.
http://forums.moneysavingexpert.com/showpost.html?p=20836759&postcount=81

Can't really remember what's been going on with you, can you give a brief outline of what's happened? Did you ever receive a reply to your CCA request? If not, did you inform Trading Standards?

IKWeb

Hi Guys..

I have had a few posts on here over the past few months, all been very helpful. I am now in need of some further advice.

I have put in a request to A.K for a CCA which after the given time they have failed to provide. I then sent another letter asking them to remove my information from their records within 10 days and confirm this in writing. It’s now been almost 1 month on and they have not confirmed anything to me, nor send me the CCA (oh and they returned my £1 Postal Order)

Where can I take this now... Or should I just forget about it??

Thanks again to everyone who has given advised to me. It’s been very welcome and very useful.

rog2

IKWeb wrote: »

I have put in a request to A.K for a CCA which after the given time they have failed to provide. I then sent another letter asking them to remove my information from their records within 10 days and confirm this in writing. It’s now been almost 1 month on and they have not confirmed anything to me, nor send me the CCA (oh and they returned my £1 Postal Order)

Where can I take this now... Or should I just forget about it??

It's up to you, IK, as to where you want to 'take it'. AK are in default of their obligations under the terms of the Consumer Credit Act, 1974, and whilst they are in default they can not try to 'enforce the agreement' without the permission of the Courts. Neither can they enter any defaults or pass your information to another dca - if they do, please post and we will point you in the direction of a letter for that other dca.
They should remove any defaults that they have entered, although if they have not, you may need to take this up with the Credit Reference Agency.

IKWeb

Rog2

Many thanks once again for your comments. I will see how things go.

maryb123

Hi All,

I received a letter from Aktiv Kapital demanding repayment for a debt that is 10 years old. If I ignore them will they go away?:eek:

GeorgeUK

If you have made no payment towards the debt for 6 years or acknowledged the debt in writing, then the debt will be statute barred.

Is this the case?
If so then have a look at this post: http://forums.moneysavingexpert.com/showpost.html?p=11571227&postcount=4

10past6

maryb123 wrote: »

If I ignore them will they go away?:eek:

Sadly, no :mad:

You could send the following letter:

Dear Sir/Madam

Account no:

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

I would point out that I have no knowledge of any such debt being owed to (insert company name).

I am familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question.

I await your written confirmation that this matter is now closed.

Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.
I look forward to your reply.

Yours faithfully