Aktiv Kapital

[radders83]

Hello,

I have recently discovered your website and realise that I am certainly not the only one receiving letters and phone calls being told I owe money!

I have done my research and am up to speed with CCA requests and SAR’s.

After just speaking to Aktiv Kapital I am now a little concerned I may have already done myself no favours back in May when I spoke to them and pretty much acknowledged my debt with them. They have the date I last spoke to them (May 6th) and the details of the conversation saying that I had been abroad for 4 months, was currently out of work but wanted to pay the debt as quickly as possible. All of this is true, so by admitting the debt to them, is it too late to apply for the CCA??

I am also having fun with Cabot, but luckily have not spoken to them apart from to say I do not acknowledge the debt.

Any advice would be appreciated!

[Curlyben]

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

 

Before you even think about making any sort of acknowledgement or payment to a DCA you MUST ensure that they have the LEGAL right to collect the debt.

This is achieved by requesting a copy of the Signed, Executed Credit Agreement via a Consumer Credit Act (CCA) request.

There is a template letter to be found here: http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

Letter N.

Is it important to start the letter:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

 

DO NOT sign it, but use a handwriting font instead. There are many to be found here: Free Handwriting fonts

 

It is best to send this request via recorded/special delivery as there are some important deadlines to observe.

 

After 12 WORKING days the "debt" is in default and stays that way until the request is complied with.

If a FURTHER month passes then the DCA has committed a summary criminal offence and the matter should be referred to Trading Standards for action once the DCA continues to demand payment.

 

I hope this clarifies some things.

[radders83]

Hi Ben,

 

Thanks for your information

I have the CCA request printed and ready to send by recorded delivery today, making sure it complies with all the relevant factors stated on CAG.

What I am concerned about though is what I may have already agreed to and acknowledged in the past. Before finding this site, like many other people I was being hounded with letters and calls and I had in fact agreed to a payment plan. This was back in May just before I was made aware of the possible avenues I could explore.

Thanks again!

[Curlyben]

Phone calls don't count for toffee, only letters or payment count for anything.

[PGH7447]

Good Luck with Aktive Krap, they dont acknowledge any UK consumer law, they will spout the usual bull**** about they have bought the debt but not the responsibility - idiots.

[radders83]

Hi Everyone. The 12 days from Aktiv Kapital receiving my CCA request ended Thursday 7th August. I have still not heard anything from them.

 

What would be the next step for me to take?

[PGH7447]

Wait,

[palomino]

Write to them saying that they are now in default of their obligation to produce a properly executed and compliant credit agreement in the timescale specified in the Consumer Credit Act, and that you are now placing the account in dispute.

 

That's all you need to put - they are a DCA and know the law and the implications of not complying with it. Although you can point this out to them if you wish I personally wouldn't bother.