Aktiv Kapital... They just want to help!!!

[cariad mo brwydrwr]

Hi All,

 

Just wanted to share this letter I received from Aktiv Kapital, out of the blue, over the weekend. Bear in mind this is for a debt which neither I nor they are definitely sure is mine. Although if it is mine, I believe it to be something that would have had no action from me since 2001 (registered to an old address) and therefore statute barred. I’ve noticed they’ve registered a default on my credit record in relation to this… but bless them, it looks like they want to help me, how lovely of them ….

 

 

Dear Madam

 

Re: Agreement Number ………………….

 

Our Company, the Aktiv Kapital Group, has millions of customers Worldwide, and we have decided we would like to help you with the above account.

 

The current outstanding balance on your account is £xxx.xx. It is important that you commence payment towards this account.

 

We appreciate that you may need come assistance in paying this account so, if you commence payments within the next 30 days, we will reduce the balance on your repayment plan with a 25% discount.

 

We look forward to receiving your telephone call as soon as possible on the above number.

 

Yours faithfully,

 

 

Aktiv Kapital (UK) Ltd

 

 

 

Should I send a letter pointing out the fact the alleged is statute barred (if it's even mine) and requesting they remove the default? I'm not all that worried about the debt itself, its more the default which has only been put on there recently and is registered at my current address on an otherwise clean credit record.

[42man]

If they have registered a default....request them to remove it. If they don't then send them a LETTER BEFORE ACTION....If they aren't sure you are their debtor then they should NOT be adding defaults... - have a read of the threads in here...

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/164356-lowells-again-9.html#post1907382

[lickthewallfatboy]

absolutely

 

I think court is the only answer for people like this

[cariad mo brwydrwr]

Thanks both - I will have a read up on defaults... not an area I know anything about I must admit. I presume its best to get a letter sent asap? And shouldn't they have sent me some sort of notice about putting a default on my credit record before they did it?

Edited February 9, 2009 by lucyec

[JonCris]

If you write be very very careful what you say.

 

My advice is deny the debt & tell them to stop harassing you otherwise you'll report them. Whatever you do make no payments not even for a CCA application otherwise they'll claim you have admitted the debt by making a payment out of time

[NailPost]

Write to them, recorded delivery, demanding they send you proof this is your debt, that it is enforceable and that they have the right to collect. If they don't have any proof then they should remove the default and leave you alone. Being as thick as custard Aktiv's workforce probably wopn't reply to your letter but it puts you in a very strong position when you report the ****** company to the Information Commissioner for misusing your data. Go get em

[cariad mo brwydrwr]

Thanks everyone for your replies, much appreciated J

I couldn’t resist phoning AK last night. (I withheld my number don’t worry!) We didn’t get very far though; the conversation went something like this…

ME: You appear to be sending letters to my address about a debt I know nothing about

AK: Can you confirm your reference number?

ME: Yes, its xxxxxxxxxxx

AK: Can you tell me your name?

ME: I can tell you the name you’ve addressed the letter to, its xxxxx xxxxxx

AK: Can you confirm your date of birth?

ME: No, I’m not willing to give any personal information about myself when I don’t know if its actually me you’re after

AK: Well I can’t give you any more information without your date of birth

ME: I’m sure you can appreciate that I’m not willing to divulge any personal information about myself in regard to a debt I know nothing about, so it appears we’re in a bit of a catch 22

AK: Well this is not going to go away and if you don’t give me any information then I can’t help you. This may be affecting you more than you know. You must give me your date of birth as I cannot give you any further information about the account without it. Its due to the Data Protection Act, more for your security than anything else.

ME: I’m not willing to give you any personal information about myself.

AK: Well if you were phoning your bank you’d have to give them this information.

ME: Yes, but I know I have an account with my bank

AK: Well you know who we are, we’re a registered company, you can look us up on the internet.

ME: But that doesn’t prove that I’m the person you should be chasing for this apparent debt and I’m not willing to give you any personal information

AK: Well I can’t continue with this call then. *Hangs Up*

Teehee!

I have written to them to say I don’t know anything about the debt or acknowledge that the debt is mine, stating the statute of limitations – because I’ve certainly not taken any action on a debt I don’t know about in the last 6 years. Also, requesting the removal of the default. So a case of wait and see now I think. Unless anyone has any advice to the contrary?

[JonCris]

If you know nothing about the debt why would you ask them to 'prove' it. To do so implies it is yours

 

My advice is to simply deny any knowledge & tell them to stop harassing you

[ScarletPimpernel]

This sounds similar, less the faux helpfulness bit, to several phishing letters I've recently had from Westcot and Moorcroft, both of whom use similar wording - 'we are writing because the files of a CRA show an address match... If you are not the person we are seeking, please contact us on xxxx." No details of the alleged debt other than an amount and creditor name; they aren't my debts. All very vague but clearly seeking to harvest data/trace people. From the timing, I suspect Crapita are flogging data from the TV Licencing thievery operation.

[rameses_qc]

Once a debt is barred under S5 Limitation Act 1980 NOTHING can unbar it. They CANNOT enforce the debt AT ALL unless there is a CCJ, then they have to convince a very cynical Judge to let them enforce it.AK are known bullies and they do hound people even if it's not their debt. They Hounded Beryl Brazier until she killed herself. No-one from this filthy company either explained their actions nor apologised. THAT MAKES THEM NOT FIT TO CONDUCT ANY BUSINESS AT ALL. I would ignore them, or write to them recorded delivery and tell them You are not the person they are looking for and you do not intend to pay them anything ever.If they have registered a default in your name then they are acting in their usual couldn't care less unlawful manner. Contact the CRA and tell them these bandits have unlawfully placed a default against your name A complaint to the Information Commissioner is called for. They must be made to conform to the law which they expect everyone else to conform to.

OOPS sorry for the rant, but this company annoys me. They are the worst bin rummaging, garbage sifting bullies The most important thing is to get the default removed. If they won't do it (adding a default for a statute barred debt is in any case unlawful and could be libellous if it's not yours) then you should get the IC to make them remove it.

Edited February 10, 2009 by rameses_qc

[cariad mo brwydrwr]

Thanks for all the replies

 

I wrote to AK yesterday to point out that I know nothing about this as they seem to have picked my name out of a hat as a match. Also that as I have taken no action (having not known about it) for the last 6 years at least, then it's statute barred. Remains to be seen whether they take notice or not I suppose.

 

I wasn't really asking them to 'prove it' joncris, it was more a case of I know they don't have a leg to stand on here and I couldn't resist a bit of a wind up phone call (sorry). I like you, rameses qc, have an ingrained hatred for DCAs and took the opportunity to annoy them when in presented itself. Perhaps the wrong thing to do

 

I actually emailed Equifax (who is the only CRA showing this default) saying I know nothing about this and would they take it off. Not heard anything back though - should I be letter writing to them too?

 

Like I say, its only the default that is really annoying me as opposed to the alleged debt. Thats the thing I need to do something about. So, is there any more I should be doing with regards this, other than asking both AK and Equifax to remove it?

[cariad mo brwydrwr]

Latest update - received a reply to my letter from AK. They've ignored the fact that it may not even be my debt and say:

The information we hold is that a default was recorded against you in July 2003. Therefore the account detailed above is not time barred.

 

Further to your advisal that you believe the default on the above account is detailed as 2008 we would request that you supply a copy of your credit file to allow us to investigate further as this would conflict with the information passed to ourselves and detailed above.

 

We trust this clarifies the matter to your satisfaction.

Are they having a laugh or what? They want me to send personal details of myself to them, when they still can't prove its my debt. Also, even if the default had been registered in 2003 (which it can't have been as it's only just shown up on my credit record), I thought the time limit for statute barred debts began from when the last action was taken/payment made on the account, not when a default was registered

 

I'm confused as to how to respond as they seem to be trying every trick in the book to say that I owe this alleged debt, when a) neither they nor I know if it's actually mine and b) no action has been taken or money paid on it in the last 6 years if not more (how can I pay something if its not even mine and I don't know about it??!)

 

Any advice gratefully received.

[izzitme101]

statute barred is from last payment, the dca will try to convince you its from the default date.

You seemed to have been keeping a eye on you credit file, if you keep records of your checks on it, you should be able to easily prove it wasnt put on there when they say it was.

This shoudl apply to everyone to, when you check your credit record, KEEP the results, you never know when someone will try to screw you by putting a default in a few years earlier.

[manchester1]

IMHO AK are trying to inolve you in a conversation , which i do not think you should be getting into, i would ignore them and see what action they try next

 

Manc1

[havinastella]

Latest update - received a reply to my letter from AK. They've ignored the fact that it may not even be my debt and say:Are they having a laugh or what? They want me to send personal details of myself to them, when they still can't prove its my debt. Also, even if the default had been registered in 2003 (which it can't have been as it's only just shown up on my credit record), I thought the time limit for statute barred debts began from when the last action was taken/payment made on the account, not when a default was registered

 

I'm confused as to how to respond as they seem to be trying every trick in the book to say that I owe this alleged debt, when a) neither they nor I know if it's actually mine and b) no action has been taken or money paid on it in the last 6 years if not more (how can I pay something if its not even mine and I don't know about it??!)

 

Any advice gratefully received.

 

 

Hi,

 

The 'Statue of Limitation' starts from the date the due payment was missed. So, if the due date was 01/01/2000 the debt would be barred on 01/01/2006. EVEN if the default was issued on 31/12/05 the debt is still barred.

 

AK know this as they buy enough Stat Barred debts.

 

Now, as you have been keeping an eye on your credit rating you could have some great fun with AK in Court. Have a look at some of the Lowells threads that are about at the moment.

 

Jogs

[cariad mo brwydrwr]

Thanks all for your replies - you've confirmed what I already thought about the alleged debt being statute barred from last date of payment, not date of default.

 

So now not sure whether to just ignore them as Manc1 suggests, or reply telling them they're wrong, or what?!

 

I must be honest that I haven't kept records of when I checked my credit rating - probably the last time I looked was a good 6 - 8 months ago as I didn't think I had anything to worry about. I only checked it recently because of this letter from AK, who seem to have put this default on towards the end of 2008 (which wasn't there the last time I looked).

 

In the meantime, I'll be doing more research on the forums as you suggest havinastella.

 

Is there a next move or do I just keep quiet?!

[42man]

I'd send them a letter before action giving them 7 days to remove the adverse data as it is affecting your credit record, and if they don't then you will commence legal proceedings and claim substantial damages as it is damaging your credit record.

[42man]

They seem to think that because your name has one vowel and two consonants in it (amongst others) they can just flick out defaults to all and sundry......

[JonCris]

Registering a default does NOT extend the Statute of Limitations otherwise DCA's would be trying it on every day & AK know that

[cariad mo brwydrwr]

Thanks again for your replies everyone - I've drafted a letter as follows and would be grateful for opinions (Thanks to CAG for the use of the template letters which I've adapted)

 

Re: xxxxxxxxxxxxx

 

I am in receipt of your letter of xxxxxxx 2009.

 

You have failed to provide evidence that this alleged debt is linked to me in any way and I once again re-iterate that I do not know what this alleged debt is for, therefore deny any liability for it.

 

You seem to be labouring under the misapprehension that the statute of limitations comes into force from the date a default is registered. However, the Limitation Act 1980 itself states:

 

Actions founded on simple contract

 

5 Time limit for actions founded on simple contract.

 

An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.

 

In simple terms this means that you may not pursue this alleged debt as no acknowledgement or payment has been made in the last six years, and I deny any liability for the alleged debt. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, you are no longer able to recover the alleged amount claimed.

 

I would once again point out that the OFT say, under their Debt Collection Guidance on statute barred debt, that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

 

The OFT Debt Collection Guidance states further that “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”.

 

Further, you appear to have registered a default against me which is showing on my credit report from xxxx 2008. I contest that as not only have you failed to confirm that the alleged debt is in fact anything to do with me, neither has there been any payment or acknowledgment of the alleged debt in the last six years, therefore you are not permitted to enter any such information about me and I must insist that you remove the defaults forthwith.

 

Please be assured that I will not be sending you any personal information about myself, including my credit report, as you have failed to verify that I am even the correct person you should be pursuing for these alleged debts. Suffice to say that you should be clear as to what information YOUR company is indiscriminately registering about people with credit reference agencies. My credit file clearly states that a default was registered by Aktiv Kapital in xxxx 2008. As you feel you had the authority to place them on my file without my knowledge or even knowing if the alleged debts are mine, you can certainly exercise this ‘authority’ in order to remove them.

 

I await your written confirmation that the defaults have been removed, also that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

Does it sound ok?

[PGH7447]

Add

 

If the default entered by yourselves is not removed with 14 days I will be seeking legal action against Aktive Krap for compensation due to my name being bismirched by unfounded entries, which have affected my credit rating

[cariad mo brwydrwr]

Ooh, thanks PGH7447, I will put that in. Fingers crossed they will get the message... although somehow I think this may be the beginning of a looooong battle *sigh*

[havinastella]

I would also be asking them if they own the debt or are just collecting for somebody. If they come back with 'we own it' I would hit them with a Court claim for processing your data without sending you a correctly assigned NOA (re UK26 case) and hit them for damages.

 

Jogs

[JonCris]

I suggest it's not a good idea to 'educate' them let them employ lawyers for that. Why should they be advised for 'free'

 

I suggest drop the statute quotes & only refer in general to them. Simply tell them that their contention that the limitation period starts with the issue of the default notice is nonsense

 

IMHO members are attempting to use to much legalese which if falling into knowledgeable hands on the otherside can result in them using other legal arguments (even though often tenuous) to rebut yours

Edited February 20, 2009 by JonCris

[cariad mo brwydrwr]

Thread revival...

 

The last letter I received from AK was to say they acknowledge receipt of my last letter, passed to relevant dept to action blah blah blah on 25 Feb. Heard nothing since.

 

Today I checked my Experian credit file... guess what, a new default registered in Feb 09 with regards this flippin' alleged debt. I am FUMING

 

In a fit of rage got on the phone (I know, I should be doing it all in writing, but I was sooooo annoyed). They say they won't do anything about removing the default without me sending in a copy of my credit file. They have bought the debt and the right to process my data. Surely this is wrong??? I told them I'm not sending in any personal information about myself and they must know what they've told CRAs about me without me telling them again. The woman said the information goes to the CRAs "automatically" so she doesn't know what they're being told and can't remove anything without seeing a copy of my credit file. WTF??? Also, they again insisted that statute barred goes from date of default not date of last payment.

 

What do I do?? I'm at a loss. I feel I've done everything right from my side and they're messing me about. Now I have defaults all over the place from them and it's affecting my credit. :mad::mad:

 

HELP PLEASE!!! I'm soooo cross, I can't think straight as to what I should be doing now