Aktiv Capital Debt

[sully123]

If in wrong forum please move

 

I remember this debt from when I originally purchased the goods, It was from a company called Computer company called Tiny, and it was all done over the phone, We paid some installments. then moved house way back in 2001/2002.

 

Any some years later after another 2 moves, I remember Robinson way contacting us about this and another debt with the same company but a slightly different figure, I am sure I spoke with them, and possibly paid 2x£5 installments. Pretty unsure whether it was 1 or 2 payments, also unsure on which account, but on checking my debts this one shows over £2K and £10 more than what they say now.

So that could mean I did pay 2x£5 or 1x£10 back in 2005

 

According to my files the last communication was in April 05.

 

Would my next course of action to this company be this letter:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

OR ANY COMPANY YOUR PURPORT TO REPRESENT

 

 

Or would it be to ask for the original credit agreement?

Here is the letter

 

 

 

Uploaded with ImageShack.us

[harrassed senior]

Firstly you need to report this letter to OFT and TS this is a clear breach of guidelines in that they are only assuming you are the person they want, and yet are disclosing personal financial details : Consumer Direct

 

I would then send the 'prove it' letter:

 

Dear Sir or 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).

 

I am/we are familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, 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/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. AND in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

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 have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions, and would request a copy of your complains procedure.

 

I/we look forward to your reply.

 

Yours faithfully

Edited August 17, 2010 by harrassed senior
amended content of letter

[sully123]

Thank you, That is the letter i am going to send.

 

I have notified the OFT & TS, I was also given the number to The Information Commission Office, I spoke with someone there, he said he don't see any problem with it, as it is addressed to me.

 

Well let been sent off today, will update when I get a reply back.

 

Thank you once again

[sully123]

Sending by first Class post, and also sent Via Email, been as they have an email address on the letter

[sully123]

Also another thought, if and when they reply, would this be the next letter to send, or would I ask for the CCA

 

 

 

 

 

To whom it may concern:

 

 

I have 1 letter from you regarding a possible debt.

 

I ask that you respond to this request please.

1/ The debt exists and a written contract existed between me and the company

 

 

 

2/ That the debt was legally assigned to you in accordance with S136 of the Law of property Act 1925.

Edited August 17, 2010 by sully123

[harrassed senior]

Best to wait and see what they respond with, and advice will be here when you require it.

[sully123]

Thanks, that is what I shall do

[Bazooka Boo]

Remind GE that we still haven't forgotten about them.

http://www.dailymail.co.uk/news/article-484772/Grandmother-terrorised-death-bank-wrongly-hounded-16-000.html

 

And as such, they won't be getting a penny!

[sully123]

Never heard from then.

 

Now I get this.

 

I presume i just send out the same letter

 

 

 

Uploaded with ImageShack.us

[Bazooka Boo]

Clearly on the DCA merry go round, TBH, I would ignore it, unless you want to enter into another game of letter tennis?

If the first muppets couldn't be bothered to forward you any info regarding this or your liability towards it, then BCW are most definitely not going to be able to either.

You could send them this letter,

http://www.consumeractiongroup.co.uk/forum/content.php?426-A-letter-when-the-account-has-been-passed-to-another-debt-collection-agency

IF you do, send it 2nd class only, that will let them know just how important this is in the grand scheme of things.

You could also add a few extra lines, just to be belligerent, something along the lines of "I am unaware of any legitimate reason as to why you believe any such agreement exists between me and your client, and although I would prefer not to hear from you or your client again, I will not hesitate to commence legal proceedings to enable this.

Should there be anything you are not clear about, please send me your concerns IN WRITING so I am able to forward this evidence to my legal department."

 

But thats me, in my position.....

[sully123]

Thank you for your reply BB

 

I also just wondered,How about the letter for it been Statue barred, If any payment has been made it's either this one or the other one, both with the same creditor Aktiv, I am sure 1 payment was made as I said earlier in the thread, but to which account I am unsure, Also do you only have to speak with some one as in a DCA to keep the debt alive. EG: opened account 01/01/04 spoke to someone about it in 07/09. but never paid any money.

 

 

Also if spoke with DCA and admitted debt was owed then I presume it cannot be statue barred until a further 6 years

[Bazooka Boo]

Sorry for the delay!

Yes your right in that once an alleged debt has become Statute barred it can NEVER become un-barred, regardless of any confirmation that the debt is owed, or even a full page spread in your local paper, it will never become un-barred.

However, It does not mean that they cannot still ask you to pay the SB debt, all you simply have to do is to tell them that it is past the limitation period and they cannot take any legal action against you in order to enforce the debt.

 

For clarification if you do not know the exact date which you last paid, OR acknowledged (in writing) this debt, then so long as their is not a CCJ against you already, hang fire, ignore them, they really must be on a fishing trip if it has gone from AK to BCW then I would IMO ignore them.

[sully123]

Thanks once again BB

 

It was never acknowledged (in writing)

 

 

So to ignore is the way forward or would it just be easier to send this; The agreement was actually around 1998/1999

 

Dear Sir/Madam

 

Acc/Ref No 4563210025897412

 

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

 

We would point out that under the

limitation act

1980 Section 5 “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.”

 

We would also 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 last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

 

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”.

 

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

We look forward to your reply.

 

Yours faithfully

[Bazooka Boo]

Yep, if your happy then send them that, and expect them to come back with some sort of fabricated "attempted payment" of a couple of quid, or some other dire reason they believe it isn't.

[sully123]

Sent it, Lets see what we get next, will keep this updated

[sully123]

First reply was last week with this letter.

 

 

Uploaded with ImageShack.us

 

 

 

Then this came this morning, Shall I now request the CCA.

 

If so after looking at the template letter there is alot to alter, what would I have to Alter please?

 

 

Uploaded with ImageShack.us

[Huff&Puff]

Did you make the £10 payment in 2005? Because a lot of DCAs seem quite happy to make these so called payments up, in order to device. Which, IMO, is a clear breach of the Fraud Act 2006, and they should be reported for it.

[sully123]

Did you make the £10 payment in 2005? Because a lot of DCAs seem quite happy to make these so called payments up, in order to device. Which, IMO, is a clear breach of the Fraud Act 2006, and they should be reported for it.

 

 

Pretty Sure I did, to be honest, as did not understand all the DCA's back then, That is why i ask, should I now request the CCA,

[Huff&Puff]

Yes, send the CCA request.

[Halibutt]

I was involved with a dispute with Aktiv Kapital about a "Time" computer (faulty goods in the first place...) through GE Finance from 1998. Finally CCA'd AK after I'd found CAG. Sent a a CCA request and within a week the claim was dropped by AK like the hottest potato they'd ever held. No CCA, no original agreement, no proof of anything. I'd probably paid them at least twice what they paid for the alleged debt anyway.

 

Good luck with everything. I'll keep watching this thread.

 

H. x

[sully123]

Yes, send the CCA request.

 

Thanks

 

I was involved with a dispute with Aktiv Kapital about a "Time" computer (faulty goods in the first place...) through GE Finance from 1998. Finally CCA'd AK after I'd found CAG. Sent a a CCA request and within a week the claim was dropped by AK like the hottest potato they'd ever held. No CCA, no original agreement, no proof of anything. I'd probably paid them at least twice what they paid for the alleged debt anyway.

 

Good luck with everything. I'll keep watching this thread.

 

H. x

 

Will send this to both parties. Just need help putting the correct things in the correct places please.

 

 

Please amend paragraph 1 to suit. ie s77 Fixed sum credit such as loans, s78 Running account credit such as credit cards & catalogues and s79 Hire agreements.

 

What goes where from above please

 

 

Your Address I understand this

 

Date

 

Dear Sir/Madam

 

Re:− Account/Reference Number 4563210025897412 I understand this

 

This letter is a formal request pursuant to s.77(1) of the Consumer Credit Act 1974.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

(DELETE THIS BELOW IF YOU ARE SENDING THE LETTER TO THE ORIGINAL CREDITOR AS OPPOSED TO A DEBT COLLECTION AGENCY) {I think this bits goes to BCW}

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

^^^^^^^^^^^^^^

{Then take out all this section when sending to Aktiv}

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

 

Yours faithfully

[sully123]

Well after trying all other avenues, I copied what some one else did, I sent off for the CCA to Aktiv themselves, Only sent the request this morning via email, also explaining about the £1 fee.

 

Well this is what was returned, It shall be filed away for any other DCA collector.

 

Thank you for your email.

We refer to your request for documentation/further information regarding your agreement with *******GE Capital under Sections 77 to 79 of the Consumer Credit Act.

Although we purchased the right to recover the outstanding balance due under the agreement, as we are not the original creditor we do not hold the original documentation in this matter.

In order to obtain this, we did contact the original creditor, in an effort to resolve this matter.

Unfortunately, in this case, the original creditor has been unable to provide us with the information that you have requested, and as such we now inform you that we will cease all further collections activity in regards to this matter, whilst not in possession of such documents.

Regards,

Joleigh Penniall

Customer Services Department

Aktiv Kapital (UK) Ltd.

[email protected]

Aktiv Kapital UK Ltd.

PO Box 444, Bromley, Kent, BR1 1ZB

Tel 0800 015 5505

www.aktivkapital.com

[cerberusalert]

Now tell them you want your £1 back.

[Bazooka Boo]

With interest!

[follower!!]

hi all

that's exactly the same email they sent me a few week ago. although they continued to send me letters until I told them about oft etc. now the account is closed after twelve years!