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Alleged Unknown Debt (Aktiv Kapital)


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To add to my probs, a letter from AKTIV KAPITAL arrived last week ALLEDGING an outstanding debt to another creditor (UNKNOWN to ME) stating. As you have been previously advised on xx xxxxx 05, the debt accrued by you,has now been legally assigned to Aktiv Kapital. (NEVER RECEIVED ANTHYTHING) Aktiv Kapital are a dedicated debt purchase company whose sole objective is to achieve contact with yourself in order to agree mutually acceptable repayment of your debt. Aktiv Kapital will use any available legal measures to achieve their aim. We at Aktiv Kapital prefer to give all of our customers a chance to repay the outstanding balance without having to persue a harder line by taking legal action, our advisors are understanding to an individuals circumstances and are specially trained to deal with out of court settlements. If the chance to repay your debt by amicable means isnt taken we have the facility to litigate to retrieve the money borrowed and not repaid to us. Please remember we are here to work through the clearance of this debt with you but, unlike previous debt collection agencies that may have contacted you, the repayment of the whole balance accrued by you of £xxxx is our sole objective. Please recognise that this debt is your responssibility. Neither the £xxxx owed by you nor Aktiv Kapital will disappear if ignored. Pleasetake the appropriate action NOW. Yours Sincerely AKTIV KAPITAL (UK) LTD Action please, would be appreciated in how to tackle them . Should I C.C.A. them A.S.A.P or is there another strategy??? :confused: I have no knowledge of the original creditor they are quoting nor the acc. number they are quoting!!!

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Send Aktiv Crapital this CB letter

 

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.

  • Haha 1

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ODC, Re your post #12, Post #2 this thread I have sent the letter off to Aktiv Krapital today and I am eagerly awaiting their response.Thanks for your post. :):cool: "EXEMPLO DUCEMUS"

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(Advice please.) Re the post #12, Post #2 this thread I have today received the following letter from AKTIV. in response to it. Your account has now been outstanding for a considerable amount of time. Due to your continued failure to make repayments to clear the outstanding debt and your refusal to make contact to discuss the situation, you have a further and final 14 DAYS in which to make payment. Failure to do so may result in legal proceedings being taken. It is in your own best interest to contact one of our advisors immediately to discuss payment arrangements DO NOT IGNORE THIS LETTER AS YOUR ABILITY TO OBTAIN CREDIT IN THE FUTURE MAY BE SERIOUSLY AFFECTED. We at Aktiv Kapital specialise in and prefer out of court settlements and will deal directly with you in a straight forward, upfront, but polite and understanding way. Yours faithfully ******** AKTIV KAPITAL (UK) LTD (There appears to be no reference at all to the letter sent as post #12. (Post 2 this thread)

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(Advice please.) Re the post #12, I have today received the following letter from AKTIV. in response to it. Your account has now been outstanding for a considerable amount of time. Due to your continued failure to make repayments to clear the outstanding debt and your refusal to make contact to discuss the situation, you have a further and final 14 DAYS in which to make payment. Failure to do so may result in legal proceedings being taken. It is in your own best interest to contact one of our advisors immediately to discuss payment arrangements DO NOT IGNORE THIS LETTER AS YOUR ABILITY TO OBTAIN CREDIT IN THE FUTURE MAY BE SERIOUSLY AFFECTED. We at Aktiv Kapital specialise in and prefer out of court settlements and will deal directly with you in a straight forward, upfront, but polite and understanding way. Yours faithfully ******** AKTIV KAPITAL (UK) LTD (There appears to be no reference at all to the letter sent as post #12)

 

This is your "final" warning :rolleyes:. What happens next? You get referred to field and doorstep agents, in other words you get bombarded with high interest credit card/loan applications!

 

The other 3 highlighted in blue pretty much are the only words worth reading, it shows they are desperately trying to keep just inside OFT guidelines and hope you misread "may" for "will".

 

Ignore them, it is for them to respond to your letter, not send this usual template letter.

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Re.my post 10, Letter received17th Dec.from AKTIV KAPITAL.

We acknowledge receipt of your request for information under the Consumer Credit Act 1974,however, we are not the original creditor nor did we provide you with the original credit facility. We purchased your outstanding debt balance and right to collect that balance, together with the right to apply interest in accordance with your original Credit Agreement(where appropriate) We did not purchase your actual Agreement, consequently we have no obligation to provide you with a copy of that agreement.

However, as a matter of good practice, we have made efforts to obtain a copy of the original Agreement from the original creditor but have been advised by the selling bank this is not retrievable from their archives.

Please note that although the original creditor was unable to provide a copy of the Agreement that does not mean that we have no right to continue to request payment of the outstanding balance.

However, we would advise that, following your earlier correspondance your account is currently on query with your original creditor and the account is on hold on our system whilst investigations take place.

We will refer back to you in due course.

 

Yours xxxxxxxxxxxxx

AKTIV KAPITAL(UK) LTD

 

Comments and Advice would be gratefully accepted. :)

 

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They are right in saying that they can continue to harrass you for payment of the debt they claim exists even if they have no ducuments to prove it.

 

But they have had their hands tied securely behind their backs by the admission that no paperwork exists and you are quite entitled to tell them that until such time paperwork materialises to prove the debt is yours, the sum being demanded is correct and they have the right to collect you will file all their demands in the filing cupboard under the sink - ie the bin.

 

Tell them if they record negative information on your credit files you will be onto the Info Commissioner faster than Santa up a chimney on Christmas Eve.

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