AKTIV KAPITAL / HSBC Debt

[warnerman]

I've just recently had 2 offers from Aktiv Kapital - 1 for my HSBC credit card debt and another for my HSBC Loan I had - in total both add up to over £30k - basically if I pay £1,500 for each account they will pay off the rest for me and amend my credit file to show a zero balance etc... I know HSBC sent me a letter confirming that Aktiv Kapital bought the debt from them over a year ago etc... I want to get myself sorted out - at the moment i have no prospect of ever paying this off but in the future i know I'll get my nans house etc... my mum has offered to pay the 3k on her credit card as at the end of the day it will reduce my debt even if i was to go bankrupt and then came into some money as dont want to risk having to pay off the whole 30k etc...

 

Does this sound too good to be true ? do you think i coud offer less ?

any help would be appreciated

[havinastella]

Hi Warner,

 

WHEN was the last payment on either account. AKCRAP normally buy Statue Barred and unenforceable debts!

 

Also, should you pay these anything, you would need to get in writing from them EXACTLY what they say they will do. DO NOT pay them until you have it in Black and White.

 

JOgs

[the_shadow]

I've just recently had 2 offers from Aktiv Kapital - 1 for my HSBC credit card debt and another for my HSBC Loan I had - in total both add up to over £30k - basically if I pay £1,500 for each account they will pay off the rest for me and amend my credit file to show a zero balance etc... I know HSBC sent me a letter confirming that Aktiv Kapital bought the debt from them over a year ago etc... I want to get myself sorted out - at the moment i have no prospect of ever paying this off but in the future i know I'll get my nans house etc... my mum has offered to pay the 3k on her credit card as at the end of the day it will reduce my debt even if i was to go bankrupt and then came into some money as dont want to risk having to pay off the whole 30k etc...

 

Does this sound too good to be true ? do you think i coud offer less ?

any help would be appreciated

 

Did the offer come in writing as thats some discount (even though they only probably paid 6p-15p in the £ for the debt originally)

 

S.

[warnerman]

yeah got both of the offers in writting, last payment to them was a few months ago so cant do the 6 year thingy, have had previous offers like 8k and 10k but nothing as good as this. i know my circustances will change in the future but just dont know when so dont want to pay the price by not doing something about it now when i got a chance - thing is the offer is only valid until friday (end of month) so havent got time to ask for proof of cca etc...

[warnerman]

I defaulted on the accounts around the end of 2005 if that helps at all

[Seminole]

Couple of thoughts:

 

1) Could you post up the exact wording of their offer (excluding any personal information) so that we can see whether what they are proposing protects your interests.

2) Whilst it's a good idea to get a relative to pay a f&f (evidence that you haven't got the money yourself), your mum should avoid giving these people a credit or debit card number. DCAs are not the most trustworthy organisations in the world.

[warnerman]

I havent got the letter to hand at this moment so will post it up here later tonight

[havinastella]

Couple of thoughts:

 

1) Could you post up the exact wording of their offer (excluding any personal information) so that we can see whether what they are proposing protects your interests.

2) Whilst it's a good idea to get a relative to pay a f&f (evidence that you haven't got the money yourself), your mum should avoid giving these people a credit or debit card number. DCAs are not the most trustworthy organisations in the world.

 

This is excellent advice as the letter will probably say 'partially settled'.

 

What this means is they won't hassle you, but will sell the debt on once they have had the meat off the bone.

 

SHOULD you really want to pay these a penny , make sure you realise the difference between Full & Final AND Partially settled.

 

ALSO make sure the payment is made by a '3rd' party with words to the effect of, Should you cash this cheque, it will be taken as a full and final settlement, by credit rating will be updated to reflect this payment and the debt shall NOT be sold on at anytime.

 

Jogs

[babybear39]

If they're serious you could always get them to email their terms

[warnerman]

This is a copy of the maint part of the letter i've had -

 

Dear M* *********

 

We're here to help you clear your account

 

In this current climate we understand it can be difficult to maintain monthly payments so we have an offer that will help you.

 

A fantastic summer offer for you - Save £**,***.**

We would like to offer you a massive discount.

 

if you make one single payment of £1500 by the end of July 2009 we will clear the rest for you!

 

Call us free on 0800 731 6361 to take up our offer

 

It is important that eventually your account is cleared in full. By making monthly payments it will take a tremendously long time to repay the full balance.

 

This special offer will give you the piece of mind that your account with us is cleared. You will also benefit because you will not need to make payments on a monthly basis.

 

When you've paid this account, you may find it easier to obtain further credit. We will also send you a formal letter confirming your account has reached a zero balance and we will amend any records at the Credit Bureaux to show a zero balance.

 

All you have to do is call us on 0800 731 6361 and make one single payment before the end of July 2009.

 

Can you afford to miss this opportunity?

 

Yours sincerely.

 

Aktiv Kapital (UK) Limited

[warnerman]

it also contains all my account details and the current balance etc...

[the_shadow]

This is a copy of the maint part of the letter i've had -

 

Dear M* *********

 

We're here to help you clear your account

 

In this current climate we understand it can be difficult to maintain monthly payments so we have an offer that will help you.

 

A fantastic summer offer for you - Save £**,***.**

We would like to offer you a massive discount.

 

if you make one single payment of £1500 by the end of July 2009 we will clear the rest for you!

 

Call us free on 0800 731 6361 to take up our offer

 

It is important that eventually your account is cleared in full. By making monthly payments it will take a tremendously long time to repay the full balance.

 

This special offer will give you the piece of mind that your account with us is cleared. You will also benefit because you will not need to make payments on a monthly basis.

 

When you've paid this account, you may find it easier to obtain further credit. We will also send you a formal letter confirming your account has reached a zero balance and we will amend any records at the Credit Bureaux to show a zero balance and a marker to show a partial settlement?

 

All you have to do is call us on 0800 731 6361 and make one single payment before the end of July 2009.

 

Can you afford to miss this opportunity?

 

Yours sincerely.

 

Aktiv Kapital (UK) Limited

 

Does seem to indicate they wouldnt pass the balance along (zero'ing it) but I'd still like confirmation in writing if it were me a) How they were going to flag the account, not just the zero'ing of the balance and b) confirmation that no third parties would chase for any future monies in reference to this balance.

 

Makes me suspicisus whether they have any paper work for this account? or whether its actually compliant... how old are the original accounts - apologies if this has already been asked.

 

S.

[warnerman]

the accounts defaulted the end of 2005 with HSBC, they were started around 2003 / 2004.

hsbc gave me notice of the assignment of the debt around the end of 2007 to activ kapital who they sold the debt to.

[warnerman]

i do wonder if they have the paper work especially for the credit card as im sure i just had to sign a form and send it back to hsbc as it was a pre approved gold credit card with a xx k limit pre approved for me.

[the_shadow]

i do wonder if they have the paper work especially for the credit card as im sure i just had to sign a form and send it back to hsbc as it was a pre approved gold credit card with a xx k limit pre approved for me.

 

Then you have the option of a s78 and a s77 request for both agreements.

 

Both require a £1 sent with them and they then have the 12+2 working days to reply.

 

S.

[warnerman]

yeah but problem is i kinda want to take up the offers and they expire on friday so havent got time for that

[the_shadow]

yeah but problem is i kinda want to take up the offers and they expire on friday so havent got time for that

 

Then personally if it was me I wouldnt phone.....but as you are under timescales if you phone them tell them you are recording the conversation at the start (even if you cant) and ask them to email you confirmation of how they will flag the account and confirmation that they OR a third party will never chase monies for this account.

 

S.

[warnerman]

well it does say they will change the balance to zero and basically that would mean they close it off their system doesnt it ? they prob paid like £500 each for these accounts if not not less so they are still making money i would guess, it also says they will send me a formalconfirmation letter of a zero balance and will update my credit file to reflect that - surely if they sold it on i could sue them for data breach etc... ?

[the_shadow]

well it does say they will change the balance to zero and basically that would mean they close it off their system doesnt it ? they prob paid like £500 each for these accounts if not not less so they are still making money i would guess, it also says they will send me a formalconfirmation letter of a zero balance and will update my credit file to reflect that - surely if they sold it on i could sue them for data breach etc... ?

 

It does state balance to zero however I'd personally like more confirmation tho if it was me and bearing in mind the amounts involved. Probably me being over cautious and that.

 

S.

[warnerman]

what does anyone else think ?

[warnerman]

just a quick thought, surely if paid by card and they later take another payment - I could have them done for fraud as they would have used the card without permission and at that data protection act for them keeping the details ?

[warnerman]

any advice anyone as today is the last day ??

[babybear39]

It's up to you I really don't know what I'd do without a proper letter specific to my settlement