Aktiv Kapital > Debt Collectors > ScotCall

[Jwdb]

Hi!

This is my first post, so be nice

 

Right...

I received a letter back in early May from Aktiv Kapital stating that I owed them £616.80.

Me and my partner spoke about that what the debt could be for. I have been with my partner now since 1999 and before that I was with another wife who took me for everything I had. My partner said that it isn't a company she knew of, and was probably from my first wife. We ignored the letter.

A few more came, and they were shredded.

 

Another letter came from another company called Debt Managers Ltd. who stated in their letter that it had been passed on to them from Aktiv Kapital.

 

They sent me near on 10 letters asking for a payment on a poorly constructed letter with NO giro slip. On about latter 5 or 6, they included a Giro slip to pay them as well as stating that they'd obtain a court order against me (or something like that) Me and my partner became increasingly worried, but I told her not to make any contact with them after reading the reviews here about how nasty they can be on the telephone. I continued to ignore the letters they sent me, and I was relieved to not have seem one letter from them pop through my door for about 3 weeks.

 

Yesterday I got a letter from ScotCall Debt Collecting Services titled DOORSTEP COLLECTION NOTICE - PLEASE READ CAREFULLY. Me and my partner are frightened, and whilst I don't want to pay them any money, it scares me thinking about them knocking on my door when my partner is at home most of the day and I've seen on the news a couple of time what these debt collectors can be like.

I know my rights, but still, nothing ever stopped them before. I am trying to sort out my debts - I have remortgaged my house for about £95K and have paid off a huge loan, a small personal loan and 2 credit cards.

 

I don't want to give them any money - I have NO idea where they got my name and me and my partner have no idea where they pulled this debt we owe from!

 

So, what do I do next? I understand that it will be statute barred if it's over 6 years and I haven't made contact (which I haven't)

 

Should I send them a letter asking for my credit agreement? I have written one using the template in this forum, but I haven't sent it yet.

I have to include £1.00 as stated in the agreement - can I include a pound coin, or does it have to be cheque? I don't want to provide them with my signature.

[42man]

Send this letter by recorded to Scotcall...(don't sign it) just type your name...

 

Dear xxxx

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, 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.

 

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.

 

Yours faithfully/sincerely

[42man]

If the debt is statute barred then send them letter 'M' from here...(again send it recorded delivery and type your name...send this to Aktiv

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

If they continue to try and collect on a debt then this is what the OFT say...

 

2.14 (b) -

• continuing to press for payment after a debtor has stated that they

will not be paying a debt because it is statute barred could amount to

harassment contrary to section 40 (1) of the Administration of

Justice Act 1970.

[42man]

If you know a local policeman then get them to phone Scotcall and get him/her to ask when they will be coming round as the polce would like to be in attendance...

[Jwdb]

Thanks.

I don't know whether or not it is statute barred. Do I send them Letter N from the template page asking for a copy of the credit agreement? If it exists, that is.

 

I have never spoke to them on the telephone, and they have never rung me. However, after reading other peoples experiences here I don't want to speak to them on the phone.

 

edit:

 

They said on the letter that their "field representatives" will arrange a collection with us... and this letter was sent on the 18th of august and nothing.

Edited August 22, 2008 by Jwdb
See 'edit:'

[Jwdb]

It said the debt was Aktiv Kapital First Investment Grainbeck.

There is a furniture store where I live called Graingbeck ltd which made me and my partner think it was for a sofa I had bought with my first wife.

I searched Google for 'Graingbeck ltd' and there are a few sites which list it as a furniture store, however, when I searched Google Maps it couldn't locate it.

 

Oh yes, and I forgot, it went to Call serve after Debt Managers, then on to ScotCall now.

Edited August 22, 2008 by Jwdb

[42man]

Send the CCA request...by recorded delivery USE A £1 POSTAL ORDER, and don't hand sign it, write at the top in big letters 'I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY NOR ANY YOU REPRESENT'

 

Send it to whoever owns the debt at the moment....

[Jwdb]

Thank you.

I guess ScotCall currently own the debt, but it's hard to tell.

Here's the letter:

 

Re:− Your ref: xxxxx

Creditor: AKTIV KAPITAL FIRST INVESTMENT

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR THOSE INVOLVED

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

 

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

We understand a copy of our credit agreement should be supplied within 12 working days.

 

We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

We look forward to hearing from you.

Please note: By sending this I do NOT acknowledge any debt to your company or those involved, as clearly stated above. I will only choose to communicate in writing with you.

 

Yours faithfully,

 

[42man]

If you are going to send the CCA request to Scotcall, then include the doorstep letter too !!

[Jwdb]

Where can I find that?

[42man]

It's the letter in post #2 above !!

[Jwdb]

Okay, I'll be sending them tomorrow

[Jwdb]

Do I send them in the same letter, or send separates?

[42man]

Send them in the same letter...remember £1 postal order (for the CCA request), send it recorded / guaranteed, do not hand sign the letters....(keep copies of the letters and the rec del slip too)

[Jwdb]

Thanks. I

Shall I attach a photocopy of the letter they sent me stating that they were going to order a doorstep collection, or not?

[Jwdb]

Okay - Sent the letter with the postal order, which was cashed in by Scotcall - but they said they are unable to obtain the credit file and the case has been passed back to the creditor, which I believe is Aktive.

 

Have yet to hear from Aktive.