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  1. Hello to everybody, apologies but this is my first post on this forum and I need some advise regarding a debt that has been passed onto aktiv kapital, in 2009 I lost my job and was unable to make my credit card payments to nationwide. I received this letter back in june 2009 Current balance: £782.64 Credit limit: £1100.00 Past due: £523.47 'Our records show that your account is currently three months in arrears. In line with the terms and conditions of your account, the payment protection insurance cover has now been cancelled and no further periums will be collected' On the 10th of this month (april) I received a settlement offer from aktiv kapitol for an outstanding balance of £782.64 Over the past week whilst I have been at work (9-5) my parents home in which I reside has received numourous calls each day. Today alone they have received 7 calls. Each time they have informed the caller that I am unavailable until after 5 I have been concerned about calling ativ kapital due to previous problems with a previous firm I am looking for any advice as how to proceed. I have v.limited funds and do not want to be pressured into a high monthly payment. Any help would greatly be appreciated
  2. Hi All Just a quickie!! Today I received a Doorstep Threatogram from UMS on behalf of BCW collecting a debt owed to Aktiv Kapital. I'm not worried, as I know that all debts I had are now Statute Barred, so I will fire off the SB letter from the library on Monday. I can't remember who the debt was owed to originally, but it's for about £400. I was just wondering if anyone else has dealt with UMS? Thanks QB
  3. I am going to be served shortly (within a week) with a bankruptcy petition from Aktiv Kapital for fees arising from an Appeal Court case from a Set Aside Application hearing. History In 2012 I received a Statutory Demand ("SD") from Aktiv, I applied to Set Aside. Aktiv responded by Witness Statement and represented a copy of the signed application form and a set of 2007 T & C's (account was MBNA credit card taken out in 2002) exhibited by Aktiv as a true copy of the 2002 original agreement. At initial set aside court hearing I made representations that the T & C's were not a true copy of the original, but the Judge made a judgment that Aktiv's represented application form and T & C's were the documents making the original contract a valid one! I appealed that decision of that court, and again failed at the Appeal court, and fees were awarded to Aktiv. Aktiv issued a bankruptcy petition against me for the outstanding balance of the SD, of which I inadvertently paid to stop bankruptcy. I issued a claim against Aktiv of unlawful enforcement of the agreement, the Judge being presented with many corroborative facts showing the T & C documents were false, and Aktiv had engaged Fraud, struck out my claim as I had not used the word fraud in my Particulars of Claim ("PoC") (only in my Witness Statement and skeleton argument), but had only alleged unlawful enforcement in the PoC, and he also stated the claim was without merit. Aktiv issued a SD for the fees awarded at the Appeal hearing, I applied to set those fees aside as they were founded solely on the false documents (T & C's) represented by Aktiv as the original, of which Aktiv admitted in their Witness Statement for this case that, "it now transpires that the T & C's were not those at time of inception." The Judge of this case (application to set aside) again struck out my application, and without merit, also afterwards immediately made an application to the Designated Civil Judge to have a Civil Restraint Order against me. I now have an Extended Civil Restraint order against me! From two without merits cases, which I had evidenced Aktiv's represented T & C's were false! I made a formal complaint to the Police alleging Fraud, Perjury and Perverting the Course of Justice on Aktiv's part, as they had made conflicting statements within their Witness Statements regarding their representation of the T & C's, their admissions, misleading of the court and their gains against me to my detriment, the Police wrote me a two page letter of reasons why they refuse to investigate. Request Given that two judges on three separate occasions have been given information which evidences beyond reasonable doubt (only need balance of probability in civil court) that the represented documents exhibited by Aktiv were false, and they engaged Fraud, but did not listen, the Police will not investigate, what then can I do about the Bankruptcy petition, as I do not have the money to pay for the petition? Aktiv's bankruptcy petition is founded on the fees arising from the Appeal hearing from the original set aside hearing where Aktiv misled the court into believing the represented T & C's were a true copy of the 2002 set when they were a 2007 set. Any help, advice or suggestions would be appreciated, thank you very much.
  4. iHave received from Equidebt acting for Aktiv Kapital re a debt for £1629.54 first national tricity finance I sent letter telling them don't know of any debt to them and asked for a copy of the original credit agreement they have sent letter back saying they have requested the details from the vendor, they are saying that as they are the 3rd party they are not required to supply the details in the 12 + 2 days request is this so as they have stated that this could be sometime. Also i had the same about 12 months ago where it was mackenzie hall on behalf of aktiv kapital first national tricity finance for the same amount, s ent mackenzie hall the same request and got letter back saying thay had returned it to aktiv kapital. should i do anything or just sit tight there is nothing on my credit file re first national tricity finance.
  5. Hi I had a virgin credit card which I stopped payiing last autumn2012 due to financial difficulties. They sent me a letter around xmas time to say they had passed my debt on to Aktiv Capital. Around a month later I started getting frequent calls from Aktiv Capital, but just kept fobbing them off, saying they had phoned at an inconvenient time. After reading one of your blogs I refused to give them information over the phone. That very day I received a letter from them asking for the full amount. Activ phoned me again that afternoon saying they had sent at least two letters, and that I had to deal with them over the phone as that it is how they always deal with customers. They suggested (even though I wouldn't comment) that I pay the amount in full, or if not over 3 monthly payments. I did comment that if I had been able to then I would have paid Virgin, but I wanted to see comunication in writing before agreeing to comment further ! HELP !! what should i do now please. many thanks Jamga
  6. For the last couple of weeks I have been receiving calls from 01865 525980 to my mobile phone. This is a local number to me, but as they've called during work hours so I haven't picked up, and they haven't left any messages, however having googled the number it appears it is Aktiv Kapital. Is this a new trick from AK, calling alleged debtors from a local number in the hope they'll answer the phone, or have they genuinely moved from Bromley to Oxford - their website suggests not!
  7. I received a letter from AK informing that an amount was owed to them for a credit card debt. I was not sure of the contents and sent a no knowledge letter. A few weeks later I received a further letter with a copy of a A5 card application and they asked for my comments. As this is not any terms and conditions should I send the CCA request letter however any any cr cards I had are well over 5 years old since any payment or acknowledgement so would it be better to send the statute bared letter. Thanks for any advise.
  8. Firstly happy new year to one and all on the forum. I have had ten phone calls from these people in the last 2 days from 02084609778,I do not answer these calls but they are becoming a bit of a pain.I have no idea as to what debt they may be chasing as I have not had any correspondance of any kind from them.Do I continue to ignore these calls or do I write to them sending the harrasment letter.
  9. Hello Everyone Please can somenone advise, perhaps from a legal point of view, on this weird letter I had today from Aktiv Kapital. They are chasing a debt from 1997-1998. No CCJ obtained, No contact made, No payment made so Staute Barred. They have used various DCA's over the years to try collect on it despite being SB. I just send the SB letter and then wait another year until they try their luck again. Now in Jan 2012 I went bankrupt. All straight forward. In fact the court said I didn't need to include any Time Barred debts on the petition. received a letter this morning from Aktiv Capital saying- " We have reason to believe that you are subject to Insolvency Proceedings, however we are struggling to read the public Insolvency Register despite our best efforts. Please ring us to discuss or send to us in the post details of your current affairs....etc...blah...blah. It took me 20 seconds to log on to the insolvency website and view my BR details which is public info. Is this a wind up? First question- should I send yet another SB letter or a copy of my BR order or can I bin this letter and forget??? Second question - Can I ring them and tell them to go away or will this reset the clock on the debt and then I'll be liable even though I am bankrupt? Thanks Honeypot
  10. Evening all I keep getting letters from AK stating I owe them various amounts to different companies. They also write offering a reduction in the amount I could pay, such as sending me a "gift voucher" today for £3,000 off a 'debt' and stating I should pay them £300. I am also getting daily text messages from BCW asking me, by name to contact them urgently, quoting a unique ref number. I am aware any debt that I have is statue barred, as they are over 6 years and if my memory serves me right ar eover 10 years. I havent made any contact with either company although I want to call them to tell them to get lost and I will send each company the statue barred letter. If I should be sending a different letter please let me know. My question is, can these companies continue to complete credit searches of my credit file without any recourse?? They are accessing my credit file on a monthly basis and I think this is impacting on my credit scoring. Any advice, as always gratefully received. Keep up the fight y'all!!
  11. Long story - short. ... got myself into a financial pickle with various credit cards etc. Due to dwindling income over the last 12 months I have now crashed. I have received default notices on my CC's as I have not made any payments to them over the last 3/4 months. I was just about to contact them [along with some of my other creditors] to advise them of this change in finances etc; with a payment proposal of £1 and statement of Inc and Exp., as now no income. Additionally I was considering the querying the validity of the contracts with the CC companies as others on this forum have done. Concentrating on MBNAeurope for the present: today I have received a letter from AKTIC KAPITAL Portfolio AS, Zug Branch - stating that they have purchased my outstanding balance with MBNA - and they can help get my finances back on track it then goes on to say that they are Aktic Kapital UK Ltd who will be collecting the balance of £xxxx.xx that I owe on behalf of Aktic Kapital Portfolio AS, Zug Branch. they want me to cancel and DD/SO's [there are none; otherwise i wouldnt have gone into default!!] as paying mbna would cause a delay in them being able to reduce my balance. small print:... aktiv kapital uk ltd is part of the aktiv kapital ASA [norway] group of companies. CCA licence 510166. registered office, wells house, elmfield road, bromley, kent, br1 1lt. 'under the terms of this assignment and as defined in the data protection act 1998, Aktic Kapial portfolio AS, zug branch is now the data controller of your personal data...' so my questions are: do i acknowledge their letter? do i deal with mbna at all now? do i ask Aktiv Kapital for original contract/proof of debt? any other pointers would be great please [especially if any more letters 'assignments or purchases' of my other credit card debts start arriving]. thanks in advance.
  12. Hiya, I have a slightly unusual case here, well for me anyway. I have received plenty of letters in the past from various DCA's chasing for money and fired off the stature barred letter as they have provided all the info for the original debtor, however on this occassion I am not sure how to proceed. I received a letter from Equidebt informing me that they are chasing an amount of £1659 on behalf of Aktiv Kapital Ltd. They have provided no other information other than their own reference number. I did have correspondence with AK last year for a debt of £1300 and it was confirmed that was statute barred. My problem is that although I am 99% sure that AK have just sold on the debt to Equidebt as the amounts are fairly similar I have no way of proving this as Equidebt have provided very little information. I am also positive this is a statue barred debt as there is no negative information on my credit file. In addition they are stating that unless I contact them within 7 days they will arrange for doorstep collection. Should I just fire off another statute barred letter to Equidebt or try something a little different as they are just acting on behalf of AK. Any advice would be greatly appreciated. Thanks in advance
  13. Hi I've been receiving letters from AK demanding payment on to be honest I don't know what? Is there anyway I can find out what this debt is, I have a feeling as it is in my previous married name, that it is more than 6 years old. I think I've also read somewhere on here that I can ask how much the DCA paid for this debt, is this right? And if so what would I do? If I'm not in the right place can you point me in the right direction please?
  14. 12 years ago I had a Comet (Time Retail Finance) store card which I spent about £600 on. I paid this for years (min payments mostly) and the balance only ever got higher. Anyway, the last payment I made towards it was back in June 2008 after which time Aktiv Kapital began chasing me for it. In my credit file with Equifax, the Time Retail account is showing as "Settled" and the one that keeps my score down at Poor is the "delinquent debt" to Aktiv Kapital, now standing at £949. I have now started to get calls from another company called Buchanan Clark and Wells so maybe Aktiv Kapital have sold it on to them?? However, I want to know if,... as I have never entered into any agreement with Aktiv Kapital and the original Time Retail account is closed, should I send Aktiv Kapital a CCA request and if they fail to provide it, can I realistically hope to get this one removed from my file? Thanks for any help anyone can offer. Mick
  15. I have received several letters from Aktiv Kapital regarding an old account. I spoke to them today and explained I wasn't familiar with the account and if it was an account of mine then it was probably statute barred. The agent looked and confirmed that the account is statute barred. I said ah ok then, she went on to say that they are still looking to collect but just won't take legal action but that was never their intention. Where do I stand???
  16. Hi I have received a letter from this company chasing a debt which they say is for barclaycard for £7000. the name on the letter has a first name, middle name and surname. the first and surname are mine but the middle name is different. The debt is definitely not mine and not just an error on the name. Can anyone offer some advice on how to respond. Should I ignore it or write back. If I write back what should I say that clears it up for good Thanks in advance.
  17. Hey there just after a little advice please. A few months ago i received a letter from Aktiv Kapital demanding 800 pounds for an unpaid credit card debt from germany i assured them i have never had a german credit card. I received an email last week from my identity theft provider saying my credit report had been changed so i logged in and they have put a red line from jul 2006 how can i have this removed. any advice greatly received
  18. I have a letter from Aktiv telling me that as they cannot produce the documentation for a debt they purchased from Barclay card, that it is unenforceable. They have also said that their policy in thiese circumstances is to cease collections on this account. However they also say that as this is not yet in DEFAULT if I do not pay they will issue default procedures. My question...can they do this? Also....If they issue a default to credit ref agencies will my bank accounts be affected in any way? I understand the 6 year rule and the effect on obtaining credit...this does not worry me....but any problems with my bank account as a result would. Thank you.
  19. Hi, has anyone heard of the above company? I had a letter from them today in my last married name saying that I had a debt with G.E. Capital bank, I have been remarried for the last 8 years, the funny thing about the letter is that it says if I pay a certain amount of this debt, they will pay the rest. As far as I know I've never had anything to do with G. E. Capital bank. Anyone any ideas, I don't want to contact them, as I don't want to start any thing up with them, should I just ignore. I have a look round the forum stickies and can see that it would be statue barred anyway, as like I say I have been remarried for 8 years. Any advice would be appreciated.
  20. Second account with these guys that I apparently owe money on. This time £207.74 and I had already sent them a statute barred letter a couple of weeks back, but they have today come back with a claim that the Terms of the Limitation Act do not apply to this debt as a CCJ was made back 25/10/2003. Surely the fact this CCJ was done almost 9 years ago means they can't still chase this? CCJ or not? There is no record of this on my credit files either. What should I tell these fools? Seems like everyday they are trying it on lately. As always, I thank you in advance for your help.
  21. I have been battling backwards and forwards with AK for a few weeks now regarding an old River Island Store Card I had back in 2002. I sent them a letter stating that it is statute barred, but today they have come back with a print out showing that I last made a payment towards the debt back in October of 2007 (I don't actually remember doing so but hey ho) I am wondering where I now stand with this, as their claim (and enclosed printout) shows that a payment towards the account was around 4 1/2 years ago, which would mean the statute barred claim by me is worthless? They are demanding FULL payment asap. The outstanding "debt" is £236.83 Thanks in advance
  22. In the year 2000 i got a car from Yes car Credit, after 18 months the cars gearbox went and i fell into arrears so i eneded up with no car and yes car credit pursuing me. Later in the year 2006 i got a letter from Aktiv Kapital saying that they had purchased the debt and they pursued me for the debt. in 2008 Someone phoned me and i foolishly did not think and they talked me into making a token payment of £50 which would have destroyed the Statute barred angle. These past few weeks i have been getting letters from Buchanan Clark and Wells saying they have been assigned to collect the debt on behalf of Aktiv Kapital. this morning i got a final notice before action letter from BCW so i have sent off the standard cca request letter today, My question is what do i look for on the agreement to check if its enforceable?
  23. Hope someone can help. I recently was asked to get an experian credit report for my mortgage the report came back with a decent 745 but a few things got brought up on it which has meant my mortgage being denied. They are as follows ; Aktiv Kapital account updated to:9/10/2011 Account type : Bank Started 13/07/2000 Default Date 11/01/2007 Balance £832 And Aktiv Kapital account updated to : 26/04/2009 Account type : Credit card / store card Started 05/06/2004 Default 23/06/2007 Balance : £352 Can any let me know how to remove these defaults so can carry on with mortgage ?? I don't even know what they are for or connected to but have read that Aktiv Kapital regularly try it on. Any help will be much appreciated. Thanks
  24. Back in 2007 I received a letter from these with an outstanding debt of £3000. At the time, I knew nothing of DCA's and went along with it. Since then I have paid over £1000 and even to this day still pay the monthly installments. Now, after learning everything I have on this forum I've realised that the debt, when they first contacted me was statute barred. Didnt know what that was at the time, also, i wouldnt imagine they could provide a CCA request. Should I been sending a request and if they don't respond should I stop paying them? The original debt was £2200 and raised to £3000. So I've paid the best part of 50% already..
  25. Hi guys, These morons are chasing me for a alleged debt from 7 years ago, that is SB'd now and has never had a CCJ against it. I've sent them the SB letter from the templates on here by recorded delivery and they've signed for it yesterday. What do you think their next move will be? Will they just give up now or are they likely to keep asking for this alleged debt? also will this affect my credit file now? Thanks
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