Aktiv Kapital Chasing me for a debt that is not mine

[jobmid]

I got this letter from Aktiv Capital but I have never held an account with barclays. Do you think they made a mistake they must be looking for someone else as I have never banked with Barclays.

 

Dear Sir,

 

Re: Agreement Number: ............ Barclays Bank Pic

 

We write to advise you that Aktiv Kapital First Investment Limited has bought the interest of Barclays Bank Pic in the debt that you owe them under the above Agreement.

 

We are acting as Collection Agent on behalf of Aktiv Kapital First Investment Limited which is now the legal owner of the outstanding balance on your account.

 

Our records show the total balance outstanding, inclusive of all accrued interest, amounts to .£ 165.62.

 

You should not send any further payments to Barclays Bank Pic and, if you have a Direct Debit or Standing Order arrangement in favour of Barclays Bank Pic that should be cancelled.

 

All future payments should be sent to this company at the address shown. Cheques must be made payable to Aktiv Kapital (UK) Limited. If for any reason you are unable to pay the full balance immediately, you should contact us as soon as possible to discuss payment arrangements.

 

We look forward to receiving your prompt payment. If you wish to speak to us, our telephone number is clearly shown on this letter.

 

Yours faithfully,

 

 

Aktiv Kapital (UK) Limited

 

Thames Credit Limited is part of the Aktiv Kapital Group and is now operating under the banner of Aktiv Kapital (UK) Limited.

 

[jobmid]

I dont know what to do. Any advice or has anyone had any dealings with them?

[godpikachu]

quite simple really, write to them stating that you do not owe them a penny as you have never had any dealings with barclays, and advise them that they should be providing proof of debt.

[rory32]

I would send them the following via recorded delivery.

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). For the avoidance of doubt I have never held an account with Barclays Bank Plc.

 

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 would also point out that this would be considered an unfair business practice under the Consumer Protection from Unfair Trading Regulations 2008.

 

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.

Please also be aware that if any adverse entries have been made on my credit file in relation to this account legal action will be taken against you and appropraite damages sought.

 

 

I/we look forward to your reply.

 

Yours faithfully

Print do not sign name.

[jobmid]

Many thanks Rory letter printed and will send it recorded mail on Monday. Lets hope I hear no more from them.

[jobmid]

recived a reply from Aktiv Krap today and they are asking me to call them

 

 

I have no intension of calling them this debt is not mine I never had any dealings with barclays should i just resend them my orignal letter the rory provided or is there something else i should do?

Edited December 20, 2008 by jobmid
removed image too big

[reallymadwoman]

Now why would anyone want to phone just to be bullied etc?

 

Write back saying all communication is to be in writing and unless they provide evidence of any alleged debt, further correspondence will not receive a response.

[jobmid]

this is what i am going to reply with:

 

Dear Sir or Madam.

 

Thank you for your reply dated December 18 2008 which have been noted.

 

Once again I would point out that I have no knowledge of any such debt being owed to (Barclays Bank Plc). For the avoidance of doubt I have never held an account with Barclays Bank Plc.

 

I would also like to point out I have no intension in calling you on this matter and all correspondence will be in writing only.

 

I am 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 would also point out that this would be considered an unfair business practice under the Consumer Protection from Unfair Trading Regulations 2008.

 

I 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 would like to advise you that I have sent a copy of all correspondence between yourselves and myself to the Office of Fair Trading and have opened a formal complaint with them.

 

I would now like to make this an official complaint and I request a copy of your official complaints procedure as you have now breached the Consumer Protection from Unfair Trading Regulations 2008. I am also going to bill you for my time spent on this as I my time is very valuable and my hourly rate is £35 plus vat.

 

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

 

I await your written confirmation that this matter is now closed.

 

Please also be aware that if any adverse entries have been made on my credit file in relation to this account legal action will be taken against you and appropriate damages sought.

 

I look forward to your reply.

 

 

Yours faithfully,

 

Should this do the trick? or do i need to add anything?

[godpikachu]

yeah that looks ok, if they dont listen to this one then you could be earning yourself a few bob on the side by responding to their threatograms.

[jobmid]

yeah that looks ok, if they dont listen to this one then you could be earning yourself a few bob on the side by responding to their threatograms.

 

i sent them an invoice with my reply:p

[jobmid]

These guys are really starting to anoy me

 

Dear Sir,

 

Re: Agreement Number: 123456789 Barclays Bank Plc Outstanding Balance: £ xxx.xx

 

Further to your recent correspondence in connection with the above referenced matter.

 

We are endeavouring to resolve the issue that you have raised, but require further information from you in order to do so.

 

Without your assistance, we will not be able to resolve this matter as efficiently as either of us would wish.

 

We would therefore request that you contact our specialist team on the freephone number, who will be able to assist in resolving this matter.

 

We look forward to receiving your response as soon as possible, so please telephone us on 0800 111 4014.

 

Yours faithfully,

 

 

 

--------------- -- --- - - --

 

Aktiv Kapital (UK) limited

 

Any ideas how to get rid of these trolls as they seem incapable of reading english.

[jobmid]

Anyone i am getting very aggrivated and would like to get something in the post to them today.

[godpikachu]

send them this:-

 

 

 

Dear sir or madam.

 

I am rather bemused as to why you are still writing to me.

Having received your letter dated (date), in which you request that i contact you by telephone to provide information to yourselves in regards to this matter.

Please note that i have no intention of contacting you by telephone, as i do not discuss such matters by telephone.

 

I have informed you several times now that I have never had an account, or indeed any dealings with Barclays with regard to financial matters, so therefore i do not understand why you are attempting to force me to give you personal information.

You should note that under OFT debt collection guidelines, the burden of proof of your right to contact me with regards to the collection of this alleged debt is on you, and thus far you have not provided me with ANY proof of debt, or your right to collect on it.

 

Should you wish to receive further information ,i will only provide it if the request for what you want is made in writing, and once i have perused your request i will decide what information i wish to reveal to you, as you obviously have very little information on this matter, and are attempting to force me to "fill in the gaps" for you, so to speak.

If you are not prepared to make the request in writing, then you should be warned that under section 40 of the administration of justice act 1970, you are committing a criminal offence, and thus i am well within my rights to lodge a formal complaint with the police, the office of fair trading, Trading standards, the financial ombudsman service and the information commissioners office.

 

If conclusive proof that I am obliged to pay this amount to you is not forthcoming within 14 days, i will take whatever steps i deem necessary to stop your harassment of me.

[jobmid]

thanks godpikachu i will get this off in the post in the am

[clemma]

Or even..

 

Dear Sirs

 

Acc. No xxxxxx

 

Your unprofessional attitude has left me speechless

 

Yours

 

I have also had the "please phone us" letter from Aktiv Krapital. I think all letters they receive are filed under "bin".

 

Seriously though, send the letter godpikachu advised and maybe complain to the OFT. I have sent mine, and the more people that complain, the better. The complaint form is on the OFT website (haven't got a link, sorry).

[jobmid]

Or even..

 

Dear Sirs

 

Acc. No xxxxxx

 

Your unprofessional attitude has left me speechless

 

Yours

 

I have also had the "please phone us" letter from Aktiv Krapital. I think all letters they receive are filed under "bin".

 

Seriously though, send the letter godpikachu advised and maybe complain to the OFT. I have sent mine, and the more people that complain, the better. The complaint form is on the OFT website (haven't got a link, sorry).

Well the clock is ticking on this one will be going to the FSO in a few weeks if they continue to bin my letters. I think these norwegain trolls dont understand english my next letter will be in norwegain for them as I do speak it wonder what they will make of it.:twisted:

[jobmid]

Dear Sir

 

Barclays Bank Pic - Agreement Number:

 

We refer to your letters dated 29 December 2008 and 2 January 2009.

 

You have requested that we provide you with proof of this debt and that you are the debtor.

 

Because you have informed us that you have no knowledge of this debt and that you have never held an account with Barclays Bank Pic, we have previously written to you requesting you to call us in order that we may obtain certain information from you. As previously advised, the information is required in order to assist us in complying with your request.

 

In view of your claim that you have never held an account with Barclays Bank Pic, we need to be absolutely sure that the above account is indeed your account before sending you any documents in respect of this account, otherwise we would be in breach of the Data Protection Act.

 

However, in view of the small outstanding balance, and as it would be necessary for us to obtain the requested documentation from Barclays Bank Pic, we have taken a business decision to write off this account.

 

We confirm that this matter is now closed and that you will therefore hear nothing further from us with regard to the above account.

 

Nevertheless, a copy of our leaflet setting out our Complaints Procedure is enclosed as requested, together with a copy of the leaflet issued by the Financial Ombudsman Service, entitled 'your complaint and the ombudsman', should you wish to pursue this matter further .

 

• UIIY

 

Malcolm Meadows Complaints Department Aktiv Kapital (UK) Limited

 

Thames Credit Limited is part of the Aktiv Kapital Group and is now operating under the banner of Aktiv Kapital (UK) Limited.

 

 

well looks like they have trowen the towel in silly buggers now they will go chase someone else i bet who has the same name as myself

[godpikachu]

what they are really saying is...

 

 

dear clever a***

 

ok, ok, we dont have proof that your are the debtor, and its obvious you arent going to fall for any of our usual tripe either, so it looks like we have been sold a lemon on his occasion.

 

But just wait, you just wait and see what we do if any more stuff comes our way with your name on it, youll pay us then, by god youll pay...

 

DAMN YOU!, YOU'LL DIE BY DROWNING AND BEAR NO CHILDREN!

 

 

Aktiv crapital = OWNED :D:D

[hillards]

I think I would not only folow this up with a letter to acknowledge the fact that they have no basis under which this matter could be persued further, but send them an invoice for my time and effort in dealing with such rubbish.

 

The OFT are quite clear that a DCA must show evidence that the person they are contacting is the debtor and that they are not just taking pot luck that a person with a similar name will accept responsibility for a debt they previously knew nothing about.

 

To have continued the contact is stupid of them, so I would be quite happy in asking them to compensate me for the inconvenience.

 

Then again, if they can get away with sending out thousands of similar letters, where some people will probably pay a small amount rather than dispute it at all, they could be raking it in...!

[jobmid]

any ideas on how to claim back my postage expences and time?

[godpikachu]

yeah, easy:-

 

 

Dear Malcolm Meadows

 

Re:- (ref number)

 

Thank you for your letter dated (date), in which you state you will no longer be harrassing me over a debt which was obviously not mine.

 

I will be making an official complaint about you to the OFT and the financial ombudsman, as you have quite clearly breached industry regulations by not thoroughly researching the matter and approaching me without knowing 100% wether i was the debtor or not, in the hopes that i would simply pay you without question. Maybe in the future oyu will think twice befor eunderestimating peoples knowledge of the law.

 

As i have had to put up with your attempts to extract money and sensitive information from me, neither of which you are entitled to, i now invoice you for recompense of monies for taking up my time, a breakdown of charges as follows:-

 

(number)x letters sent @ £10 each = £x

Time spent researching rights & regulations:- 5 hours x £10 p/h = £50

 

Total owed = £xx

 

I expect this amount to be recompensed within 28 days by cheque made out to me, failure to do so may result in furthur action being taken against you.

 

Yours

(print name dont sign)

 

[jobmid]

thanks godpikachu will send this tomrrow recorded delivery as usual will dotante some money to cag if they pay out

[NailPost]

Just write to them and ask. In the same envelope pop in another note making a complaint to them about their time wasting activities. They have eight weeks to resolve that to your satisfaction. If they don't it goes to the Financial Services Ombudsman. An investigation by him will cost them more than £400. Just keep at them. Its the attitude they take with their clients so take the same with them.

[jobmid]

right got a reply back from aktiv krappy pants they said they are not going to compensate me for wasting my time and money and it looks like they see the issue as closed. I however dont and want to show them the errors of thier ways. Should I now make a complaint to the FOS or start a claim in the small claims court?

[hillards]

This is very similar to my action against Crapital One - see http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/173426-cap-one-get-bashing.html

 

They have been calling 2-3 times day for weeks and I've only just got the calls stopped. However, their action came too late, as I have already sent them a letter before action and invoices for my time and effort in taking the stupid calls, which were never for me.

 

The main part of my argument would be that I have incurred costs in having to write to them, which was over and above what I would have expected from a reasonable company.

 

As such I have issued a charge of £12 per letter sent plus £35 for each individual call that has been taken by myself. These have woken me up on several occasions, during recent illness. The majority of calls were 'silent', in breach of OfCom guidelines. They also refused, point blank, to remove my number, until I got stroppy with them.

 

So, they have a couple of weeks in which to consider my latest letter, clearly marked as a 'letter before action' and instructions to pass it to their legal team. I already have a N1 form part completed, which can be obtained on-line - http://www.hmcourts-service.gov.uk/courtfinder/forms/n1_0102.pdf

 

The form is in PDF format, which usually means you have to print it off and fill it in by hand, or be creative in MS Word and make a template that will print over the top - or, be even cleverer and convert the document to Word with this freebie: Free PDF To Word Doc Converter - Free software downloads and reviews - CNET Download.com !

 

Fill in the details, attach a seperate sheet with a diary of events and any documentation to support your claim, like copies of recorded delivery receipts etc.

 

BUT - you can't just pop down to the court tomorrow and take the DCA to the cleaners this way, you HAVE to give them opportunity to rectify the matter under their own complaints procedure. Only when this procedure has been followed would you file in court - not forgetting to add court costs, the court fee for taking the action, your travel costs, time for attending court, time for research into the case - make a list!

 

You can also contact the OFT and FOS to lodge a complaint, the reference number will be useful additions to your claim in court.

 

Until people start to stand up to these idiots and make THEM pay for their stupid activities they will just carry on annoying the hell out of innocent people. Why should YOU have to pay to tell them they got it wrong?

 

You could also leave the matter of 'compensation' to the discretion of the judge, instead of claiming a stated amount - but add a few notes as to what your costs have been still, so the judge does not short change you.