Aktiv Kapital successfully sued for libel

[FunkyFox]

Paul Lewis from Money Box was on BBC Breakfast this morning discussing how a chap has been succesful in sueing AK for £5k plus £1.7k costs for libel after they harrasssed him for a debt that was not his and refused to amend his credit file, resulting in him not being able to get credit as his credit file had a default on it. I've seen a few threads where people have suggested this course of action, well it looks like someone did it. Great news.

 

I think it will be covered on MoneyBox today at 12.00.

Edited June 13, 2009 by FunkyFox
typos

[mr.ton]

Excellent news.

Lets hope this is the start of things to come

[ScarletPimpernel]

I saw this too. Excellent news. Presumably the usual 'admin error' excuse didn't hold water before the judge.

 

Interesting also to note Lewis's comments about how the 'usual way' of dealing with DCAs and CRAs takes too long.

[phoenix11]

It's excellent news in one way but unfortunately how many people in the same position would be able to go through that, let alone afford to do it as it is a big risk.

 

I hope it's another nail in the coffin of Debt Collection Agencies - the whole industry needs a radical culling programme and the more they are publicly shamed, the more people can know their rights and call for more action to have them culled even further.

 

It's a disgraceful statement on how our society is run and lessons are simply not being learnt. They need to be enforced by consumer demands.

[lickthewallfatboy]

this should be worth a listen

 

DCA numpties take note-you may be next!!

[ScarletPimpernel]

It's excellent news in one way but unfortunately how many people in the same position would be able to go through that, let alone afford to do it as it is a big risk.

 

 

Agreed, but one would hope that the DCAs will take this as a warning, and that the OFT will take note too.

[fermi]

About to discuss it on R4 Moneybox now!

[Huff&Puff]

The podcast is available for download here:

 

BBC - Podcasts - Money Box

[zazen.warrior]

The podcast is available for download here:

 

BBC - Podcasts - Money Box

 

Thanks for that I was about to go looking for it.

[Cruthin]

I noticed Aktiv Kapital wouldn’t comment to the BBC – how typical. DCAs don’t like their foul business practices being questioned.

[fermi]

I notice that AK were forced to publish an apology in the London Gazette as well.

 

CORRECTION

 

On and around 4 January 2009 Aktiv Kapital (UK) Limited published to Experian, Equifax and CallCredit credit reference agencies a statement that xxxxxxx, of xxxxxxxx, had defaulted on an account owed to Aktiv Kapital (UK) Ltd.

 

Aktiv Kapital (UK) Limited now accepts that this statement was incorrect, and that xxxxxxxxxxx has neither been indebted to, nor defaulted on any account with Aktiv Kapital (UK) Limited.

 

Aktiv Kapital (UK) Limited wishes to express its regret to xxxxxxxxxx for this error, and apologises unreservedly to xxxxxxxx for any embarrassment and inconvenience which may have been caused to him.

 

For and on behalf of Aktiv Kapital (UK) Limited

.

 

You can just imagine the teeth being gritted as they wrote that, even though it is pretty feeble.

[ScarletPimpernel]

Whilst it's a feeble apology, the significant thing is that Aktiv Krapital have effectively admitted that they pursue people for debts they do not owe as a matter of course. This is almost certainly because their business model relies upon bullying, intimidation and harassment (which is cheap) rather than accurate tracing (which is expensive).

 

I suspect that if they had to be certain beyond reasonable doubt about the identity of the person they were pursuing, their debt buying business would be significantly less profitable. The same applies to other debt buyers, whose diligence appears to be equally lacking.

[itsamomentintime]

Whilst it's a feeble apology, the significant thing is that Aktiv Krapital have effectively admitted that they pursue people for debts they do not owe as a matter of course.

 

if only this was true SP - they have admitted that they have incorrectly targeted just the one person.

 

we know they chase phantom debts and harass the innocent, but they have only owned up to this one case publicly as far as i can see.

[noomill060]

It's excellent news in one way but unfortunately how many people in the same position would be able to go through that, let alone afford to do it as it is a big risk.

 

 

 

 

Fair point, but three years ago, who would have ever thought they would be able to succesfully sue the Banks and credit card companies...?

[dcakiller]

now they have been found gulity by a court can we expect a big fine against ak leved by the agences oft trading standers ico and others to whom we pay tax to protect us from exactly this

[ScarletPimpernel]

I understand that this case didn't get as far as court; AK realised they were on to a loser and settled out of court.

[dcakiller]

pity but they should still get a good kicking from the oft trading standards and ioc otherwise what do we pay tax for them do do just have tea and scones with them and a cosy chat or spank them when they step out of line

[postggj]

Quick Question

 

With An Account Defaulted With The Cra, With No Cause, Liable Has Been Committed.

 

Why Is It Then That You Have To Prove Any Financial Damage.

 

The Act Of The Unlawful Default Should Be Proof Alone

[dcakiller]

Quick Question

 

With An Account Defaulted With The Cra, With No Cause, Liable Has Been Committed.

 

Why Is It Then That You Have To Prove Any Financial Damage.

 

The Act Of The Unlawful Default Should Be Proof Alone

 

agree the fact a defaulted accout is on your credit file will mean higher rates this alone should prove financial damage

[patrickq1]

http://www.consumeractiongroup.co.uk/forum/formal-solutions-bankruptcy-administration/204057-ccjs-ccas-sars.html

 

could someone help this thread

patrickq1

[noomill060]

This dude accepted £1700 on costs (ie: his solicitors fees)

 

£1700 doesnt buy all that much legal advice, so, once one gets one's head round the legalities, it shouldnt be all that difficult to act as LIP.

 

Think about it- the information freely given on CAG and now well proven on court regarding charges, challenging worthless credit agreements, default notices, statutory demands and so on would cost far far more than £1700.

 

( Even if you could find a solicitor prepared to help.)

 

Lets see what we can find about out about bringing defamation proceedings in the High Court.

 

12 months from now it could become standard advice.

[postggj]

Totally Agrre With You

 

As I Said Before

A Default On Your Credit File Should Be Proof Alone On Damages For Liable

[noomill060]

Yup, the judge says exactly that and in as many words, in Durrant.

[patrickq1]

now they have been found gulity by a court can we expect a big fine against ak leved by the agences oft trading standers ico and others to whom we pay tax to protect us from exactly this

 

 

they wont even bat an eyelid according to whats gone on over the past few years they have not yet made an example...as far as they are concerned you owe a debt tuf luck mate...thats their attitude..but who know things may eventually change

patrickq1t

[jobmid]

well atkiv krap tried this on with me also glad they got stung