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Aktiv Kapital Group


WobblyBob
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Hi there - new user but have seen other posts on this company. I have received today a letter from Aktiv stating that I owe £217.58. I've telephoned them and told them I know nothing about it. Apparently, they tell me this debt goes back to 1993 (!) and they've told me to write in with a specimen signature (driving licence, passport) so they can match this up to whatever agreement they've got in their possession.

 

Firstly, I really don't owe this debt and have never bought anything from Dixons in my life. Secondly, even if I did, is it right that they can go back 14 years to claim money. My credit record is very good however I'm worried that if they pursue this I'll end up with defaults etc even though the debt isn't mine. I've seen from other threads on this that if I formally acknowledge this letter the debt starts from then and is not statue barred - what do I do?

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Right then time to sort these "people" out.

 

First NEVER talk to these "people" on the phone as they will try and get you to agree to anything.

 

It is their responsibility to prove that this debt is valid and owing.

As you have no idea what they are referring to a simple "prove it" letter will do for starters.

 

Dear Sir/Madam

 

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

 

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

 

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

 

I/we 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/we look forward to your reply.

 

Yours faithfully

Send this off to them and see if they come back with anything meaningful.

 

Forgot to mention, DON'T sign this letter simply print your name at the end.

They don't need your signature.

Be VERY careful whose advice you listen too

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Firstly, they are probably on a fishing expedition, and aren't even sure if you are the debtor. Secondly, unless the debt has been acknowledged in writing, or a payment made towards it, within the last six years, it's also statute barred.

 

All you need to do is write to them (don't phone DCA's - it's a pointless exercise) stating that:

 

a. You do not acknowledge any debt to them or any company they claim to represent

b. You do not recognise the debt, and that it is up to them to prove that you owe it, and not for you to provide a signature or anything else

c. In any case the debt is statute-barred, so that unless they confirm that that is the end of the matter, you will consider any further attempt at collection activity as harassment.

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Never ever send them any personal documentation such as a Driving Licence or Passport. Only certainpeople have a right to demand production of these and a low life DCA certainly isnt one of them. Some DCAs have even been known to cut and paste a signature into a newly constructed CCA.

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I agree NEVER NEVER NEVER send them anything with your signature on, especially if it's Thames Credit (Part of Aktiv)It is up to them to prove you owe anything. You don't have to prove anything. OFT guidelines say it's unfair practice to ask for evidence of identity.

I am a lawyer, but I am an academic lawyer. I do not practice as a barrister or solicitor. You should consult a practising Solicitor BEFORE taking any Court or other action

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