Aktiv Kapital demanding money

[DoubleVee]

Hi, I received a letter this morning from Aktiv Kapital notifying me that they've bought the interest of CL Finance Ltd (Ex GE Capital) in the debt I owe them for an agreement for which they give me a number.

 

It states they're acting as collection agents on behalf of Aktiv Kapital First Investment Limited which is now the legal owner of the outstanding balance of £698.33 and they're demanding immediate payment.

 

Now I think that this is in relation to a former store card I had at Comet some 5 years ago, on which I defaulted maybe 3 or 4 years ago when I lost my job.

 

Can someone advise me on how to deal with these people please??

 

Many thanks in advance!

Edited April 14, 2009 by DoubleVee

[cerberusalert]

First send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. They have 12 + 2 days to comply to your request. If they fail or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

You should also note that I will only discuss this matter in writing and should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you or any of your associates.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

I look forward to hearing from you.

 

Yours faithfully

 

(Print do not sign signature)

[DoubleVee]

Thanks!! Will pop that in the post on Monday.

[DoubleVee]

Just about to print the letter, and I know the bottom of the template you posted states "Print do not sign signature" but will I be alright using a digital signature I have???

[MARTIN3030]

I wouldnt even take the risk at that.Easy enough to print to be on the safe side.

[DoubleVee]

I wouldnt even take the risk at that.Easy enough to print to be on the safe side.

 

:eek: Roger dodger on that one then!! I guess it's to stop them forging signatures is it?

[DoubleVee]

Hi, since Avtiv Kapital received my letter a few days ago I've started receiving silent calls on the home phone. The number, according to Who Calls Me, is confirmed as being that of Activ Kapital. Still no reply via letter to my CCA request.

[PGH7447]

Hi, I received a letter this morning from Aktiv Kapital notifying me that they've bought the interest of CL Finance Ltd (Ex GE Capital) in the debt I owe them for an agreement for which they give me a number.

 

It states they're acting as collection agents on behalf of Aktiv Kapital First Investment Limited which is now the legal owner of the outstanding balance of £698.33 and they're demanding immediate payment.

 

Now I think that this is in relation to a former store card I had at Comet some 5 years ago, on which I defaulted maybe 3 or 4 years ago when I lost my job.

 

Can someone advise me on how to deal with these people please??

 

Many thanks in advance!

 

Not like ClueLess finance to sell on debts, they normally take you to court first, or is this lewis and cattles trying to raise fast cash??

[babybear39]

Send them the harassment by telephone letter, Can't find it at the moment but I'm sure someone will be around with it soon.

 

Also report them to trading standards, OFT and OFCOM for the silent calls.

 

Oops, found one for you :

 

- HARASSMENT WARNING -

WARNING; PROTECTION FROM HARASSMENT ACT 1997;

WARNING; COMMUNICATIONS ACT 2003. s127.

 

Telephone Number: {Your Telephone Number}

Re: Harassment by telephone

 

Dear Sir/Madam.

 

I am writing in relation to telephone calls that I have received from your organisation, which I deem to be personally harassing. I have verbally requested that these calls stop, but I am still receiving call. I now require the telephone number listed above to be completely removed from your systems.

 

I am in the view that your continued telephone calls put you in breach of the Protection of Harassment Act 1997.

 

This is a private telephone line, operated on a contract with the intention of receiving and making personal phone calls, I have not authorised any other member of my family to receive calls from your organisation using this PRIVATE TELEPHONE LINE.

 

By using this telephone number without my permission you are interferring with my ability to use my own private property for the duration of any call.

 

It is my right to require that this telephone line, which is licenced solely to myself, is kept clear for my own personal calls.

 

It is consquently my view that you are commiting the tort of interference with contract insofar as for the duration of each call you make to me without my permission, you are interfering with my contractual right to receive and make personal calls on my private telephone line.

 

Continued interference with my contractual rights in this manner may result in legal action.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to the Office of Communications, Trading Standards and the Office of Fair Trading, meaning that you may be liable for a substantial fine.

 

Be advised that all telephone calls from your company will be recorded.

 

 

Yours faithfully,

Edited March 7, 2009 by babybear39
found letter

[DoubleVee]

Hi all, I received a signed credit agreement from Aktiv Kapital this morning with a letter stating that as it's in my address, and signed by me, I therefore agreed to adhere to the terms of said agreement. What do I do now?? I'll post a scan of it once my brother copies and emails it to me!

[cerberusalert]

Can you scan it, remove personal details and post it up so we can check it over?