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Aktiv Kapital Chasing me for a debt that is not mine


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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.

 

thanks for the advice i will look at your tread in full over the weekend and consider my postion

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Lol, the letter before action is a pretty good idea, and as i would consider your "pay me idiots" letter to be an official complaint, then their reply letter would seem to indicate that they are simply disregarding the matter and telling you to be on your way...hmmm...

 

what do they say EXACTLY in their letter to you?, cos id be inclined to send them something like this...

 

 

 

LETTER BEFORE ACTION

 

Dear Malcolm Meadows

 

Re:- xxxxxxxxxxxxxxxxxxxxx

 

Thank you for your response dated (date), which you sent me in response to my complaint letter dated (date).

 

It seems that you are giving very little attention to my complaint and request for recompense in the matter of you attempting to pursue me for a debt which i did not owe.

I should point out to you that your actions in this matter have been ILLEGAL from day #1, as you have not, and never will have, any evidence that links me to the supposed "debt" which you refer to, simply due to the fact that I have NEVER had any dealings with Barclays PLC.

 

However, you yourselves decided that it would be perfectly fine to harrass me by telephone and in writing, making numerous threats and all the while demanding money from me which you know full well that I dont owe.

 

The police refer to this as "attempting to gain money via deception", and is a very serious crime. At no point during your dealings with me did you make one iota of effort to produce any kind of evidence that I was responsible for this debt at all, which caused me quite few problems and had I not had access to good legal advice I would have more than likely been fooled into thinking I had to pay you something.

 

So, to sum up, for the inconvenience of having to deal with you, when I should never have had any contact with you in the first place, you WILL recompense me for all costs incurred during this sorry matter, which now comes to a grand total of £xx (breakdown given below).

 

If you do not recompense me this amount within 28 days be personal cheque, then make no mistake about it, I WILL take you to court to recover these costs, plus expenses, and should you fail to pay this amount after that, then your company will have a CCJ lodged on its credit record, which as I am sure you know, will seriously hamper your businesses future as a credit licence holder.

 

Do not think I am making empty threats here, unlike yourselves, I have a case to go to court with, and you do not have a single shred of evidence which states that you had any right obtaining any of my personal details, or contacting me in any way.

 

I give you 28 days from this date to send me my cheque, or legal proceedings against you will begin, alongside the complaint i have made to FOS about yourselves and your conduct in this matter.

 

Yours

(name)

 

 

Breakdown of charges

 

X letters @ £15 each =

7 hours research and work @ £10 p/h = £70

TOTAL = £X

 

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got two letters from them one about an invoice i sent them

16/01/09

 

Dear Sir

 

Barclays Bank PIc· Agreement Number: xxxxxxxxxxxxxxxxxxxxx

 

We trust that you have safely received our letter of 13 January informing you that we have decided to write off the above account.

 

In the circumstances, and as we have no business dealings with you, your Invoice # 12345 dated 10 January 2009 in the amount of £xxx.xx is returned herewith .

 

 

 

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.

 

 

Dear Sir

 

Barclays Bank Pic - Agreement Number:

 

We refer to your letter dated 16 January 2009, which has crossed in the post with our letter to you of the same date.

 

We confirm that we will not be recompensing you for the time you have spent dealing with this matter.

 

~UIIY

 

Malcolm Meadows Complaints Department Aktiv Kapital (UK) limited

 

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

 

After considering my position I sent a modified version of godpikachu's letter with

LETTER BEFORE ACTION THIS IS AN IMPORTANT DOCUMENT PLEASE READ CAREFULLY
in bold and big letters at the top of the page. i also sent a compaint to the FOS for it will now hurt aktiv krapital
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After considering my position I sent a modified version of godpikachu's letter with in bold and big letters at the top of the page. i also sent a compaint to the FOS for it will now hurt aktiv krapital

Just what I would have expected to hear - good on you!

 

If these bully boys think they can just make threats and demands without any proof then they MUST pay for wasting our time and effort in making contact like this. The more the FOS are made aware of their activities, the more likely that something may eventually happen about it.

 

The way I would put it to a court is that the muppets made continual threats about making adverse entries on my credit record which were totally unjustified. They claimed an amount of money (with menaces?) and demanded payment. At no time did they provide any document to show that they had any right to even make contact, as per the OFT guidelines they are supposed to work to. They also expected me to provide personal information which I was not prepared to do for an unsolicited contact like this.

 

As I wished to protect my basic human rights, I was forced to research the matter from a legal viewpoint (added to cost), where I discovered that they had been known to take totally unreasonable action when an alleged debtor failed to make contact. I then wrote to tell them that they had the wrong person, and in doing so I incurred expenses that I felt it was only reasonable to request recompense. Despite complying with their internal complaints, this procedure failed. They then claimed that as they were no longer dealing with the issue that they could not accept my invoice, attempting to just walk away from their devious actions.

 

Of course, I would only do this if the matter was squeaky clean. I wouldn't attempt to take action through the courts if I'd simply got them to stop hassling and I had any knowledge of the account, as that would be very naughty of me... I add that as I am aware of certain people who follow these threads and grab at anything they think may help them 'get off' paying, there is no implication that the original poster or any other contributer to this thread is in that situation.

 

It annoys me even more that they say they have written the account off, as it is likely to resurface elsewhere due to them not being able to collect. Then they simply wash their hands of the claim made against them on the grounds that they now have no 'business dealings' - but they did, so are very much liable, and they know it.

 

Keep us posted on events, I'm sure they'll try even more wriggling to avoid having to do anything - and all the time they do is just going to add to their eventual misery when they are taken to task.

 

As I've said to people about the action I'm taking (thread noted above), It's Personal!

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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Take them to the small claims court Jobmid!

 

Do remember that the court will expect you to justify the costs and that you can only make very limited claims for costs on the small claims track (if you get to a hearing).

 

If it were me I'd be satisfied with a judgement for a modest amount just to make the point. Then if they didn't pay I'd ask the court to send in bailiffs!

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the funny thing is the baliff fees have gone up 300% so if i do win it will cost them dearly. i just want to make the point and make sure they know not to do this to anyone else again.

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  • 4 weeks later...
Dear Sir

 

-~-- -- --------

 

Barclays Bank Pic - Agreement Number: .............

We refer to your letter dated 23 January 2009.

 

Following receipt of your first letter regarding this matter in December 2008, we wrote to you

on 18 December 2008, requesting you to contact our customer relations team on the

freephone number given in our letter, in order to assist us in investigating and resolving the

issues you had raised.

 

We wrote to you again on 23 December 2008 and again requested you to call us.

 

While you responded by your letter dated 29 December 2008, we needed to speak to you in

order to obtain certain information from you with a view to resolving this matter.

 

You did not call us as we had requested but you wrote to us again on 2 January 2009 and we

responded by our letter dated 13 January 2009, informing you that, in view of the small

outstanding balance, we had decided to write off this account.

 

If you had contacted us by telephone as requested in our letter of 18 December and 23

December, we could have resolved this matter.

 

We have diligently dealt with this matter and your insistence on receiving compensation is

groundless. We therefore advise you again that we will not be recompensing you for the

letters you have written and the time you have spent in connection with this matter.

 

Please note that this letter constitutes our final response and you may refer your complaint to

the Financial Ombudsman Service within 6 months of the date of this letter.· A copy of their

leaflet entitled 'your complaint and the ombudsman' has already been sent to you with our

letter of 13 January 2009.

 

 

 

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 it looks like aktiv kapital want to go to court then only got this today his letter is dated 30/01/09 and the post mark on the emvlope is dated 13/02/09 does it take 2 weeks to put a letter in an emvlope to post? i am going to use the money claim on line site from the court service any ideas on how to go about sueing them?

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Hi,

I'm a year into dealing with AK over an account which isn't mine. I asked for a CCA. They sent me ( six months later) a letter asking for details of my addresses back to 1989, copies of signature, DOB etc. Thanks to this Forum I didn't; they were clearly fishing. They then asked for just DOB, proof of current address & signaure before they would send the CCA. I haven't replied.

 

I'm sure they will do so but I don't know exactly our rights if DCAs don't provide CCAs after 12 days. In a way I can understand them saying that the Data Protection Act doesn't allow them to send such legal docs to just anyone but equally I don't want to provide my details which clearly go out to some DCA black hole.

 

Anyone know what happens next?

pinnate

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Well it looks like aktiv kapital want to go to court then only got this today his letter is dated 30/01/09 and the post mark on the emvlope is dated 13/02/09 does it take 2 weeks to put a letter in an emvlope to post? i am going to use the money claim on line site from the court service any ideas on how to go about sueing them?

 

I think you should press your case with the FOS. An FOS investigation will cost Aktiv money, whereas a County Court hearing will cost you more money, with no guarantee of success.

 

Complain to FOS, and everyone else who will listen. Make your MP aware of it too.

Edited by dannyboy660
spelling....

HOIST BY THEIR OWN PETARD.

 

Blimey it works....:-)

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Hi,

I'm a year into dealing with AK over an account which isn't mine. I asked for a CCA. They sent me ( six months later) a letter asking for details of my addresses back to 1989, copies of signature, DOB etc. Thanks to this Forum I didn't; they were clearly fishing. They then asked for just DOB, proof of current address & signaure before they would send the CCA. I haven't replied.

 

I'm sure they will do so but I don't know exactly our rights if DCAs don't provide CCAs after 12 days. In a way I can understand them saying that the Data Protection Act doesn't allow them to send such legal docs to just anyone but equally I don't want to provide my details which clearly go out to some DCA black hole.

 

Anyone know what happens next?

 

have you made an compaint to the ombudsman?

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  • 9 months later...

just though i would update you all the ombudsman ruled in my favor and Aktiv Kapital had to apologize and pay me £50 compensation :D

 

but i now seen on my experian report that they did a search a few days after they paid me the compensation do they ever give up even when they have been slapped by the ombudsman? any ideas what to do with them?

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Another complaint, but this time it would have to be to the information commissioner if they don't remove the record of the search. Copy experian on your first letter of complaint to AK.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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:roll: Not aktiv kapital again they annoy me they are also trying to chase my dad for a so called barclay debt he cant even remember owing i have requested CCA but i get asked what a CCA is? are they with stupid or something if they dont know what a CCA is why on earth are they operating

 

But anyways no CCA has been supplied and requested 3 times now

 

Yet they sent my dad 2 letters recently saying

 

First said: pay £1.00 per day to clear the debt

 

Second said: pay £300 before 29th December 2009 and we will pay the remaining £2,500 for you and your account will be settled for life we'll even send you a letter saying its settled as proof

 

Or if you can afford to pay £300 in 1 lump sum pay £20 before 29 December 2009 and pay by installments upto £300 and take up this great offer it will not be repeated

 

WTF??????

 

Do they not understand

 

I have already reported them to OFT once and again just the other day the second time now

 

The fact is my dad cant even remember this debt and im requesting the CCA for him but they just wont supply one or not got one to supply yet they claim they are the legal owners of the so called debt now :confused:

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Have emailed the person in the ombudsman who was dealing with my complaint I think its still open so will see what happens now. Do I need to complain to AK again? The information commissioner's website says I need to first complain to the organization before complaining to them. What do I do? I am sick to my back teeth of these trolls

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