AKTIV KAPITAL Chasing an almost 10 year old debt

[SiBaY]

I have been battling backwards and forwards with AK for a few weeks now regarding an old River Island Store Card I had back in 2002.

I sent them a letter stating that it is statute barred, but today they have come back with a print out showing that I last made a payment towards the debt back in October of 2007 (I don't actually remember doing so but hey ho)

 

I am wondering where I now stand with this, as their claim (and enclosed printout) shows that a payment towards the account was around 4 1/2 years ago, which would mean the statute barred claim by me is worthless?

 

They are demanding FULL payment asap.

 

The outstanding "debt" is £236.83

 

Thanks in advance

[citizenB]

It has not been unknown for "phantom" payments to find their way onto accounts that are statute barred.

 

You need to establish if it was likely you did make an "odd" payment in the middle of a period of non payments.

 

Your questions should be..

 

How was this payment made

and by whom ?

 

If it was made via a payment into the bank in cash - which bank, and whose signature was on the slip.

 

It is very easy to work out whether or not you did actually make the payment or not.

[BRIGADIER2JCS]

Is there anything showing on your

credit reference agency files.

[rameses_qc]

And remember, these "phantom" payments are almost certainly an attempt to obtain by deception and or false accounting (See S15;16;17 and 18 Theft Act 1968 [as amended])

[SiBaY]

Hi, sorry only replied now because had to wait for a pin via post to check my credit file online. There is no record of ANY outstanding debts with the 3 main credit agencies, let alone the one AK are talking about.. All I have is a default for £97 that is due to drop off my file in 2 years time.

 

What does this mean now then with regards to their argument that it is not statute barred due to a payment being made towards the debt 4 and a half years ago? What do I need to say to them?

[renegadeimp]

Ask them to prove the payment. The if it was direct from your bank, SAR the bank or check your bank statements and see if it was true or not.

 

It'sup to them to prove you owe the debt or made the payment. Not the other way around.

[SiBaY]

Ask them to prove the payment. The if it was direct from your bank, SAR the bank or check your bank statements and see if it was true or not.

 

It'sup to them to prove you owe the debt or made the payment. Not the other way around.

 

Well they have "proved it" as far as sending me a print out showing a debit card payment making a payment to the debt.. Doesn't say who's debit card etc of course... Obviously it was me that paid, I'm not lucky enough that someone would pay for me lol

So am I basically stuck regarding paying this? And will have to just give in and pay it?

[Stigman]

Doesn't say who's debit card etc of course... Obviously it was me that paid, I'm not lucky enough that someone would pay for me lol

So am I basically stuck regarding paying this? And will have to just give in and pay it?

 

Hi,

 

You need to write back to Aktiv Kapital demanding the exact payment details, card number, what type of card, name on the card, expiry date and the last 3 security digits to confirm it was you that made the payment.

 

Only then, when you receive the above information, are you able to move forward with your next step.

 

As above, Check or have you checked your Credit Reference Files?

 

Stigman

[BRIGADIER2JCS]

Does the debit card payment show the

card number or part of it.

[caledfwlch]

It has not been unknown for "phantom" payments to find their way onto accounts that are statute barred.

 

You need to establish if it was likely you did make an "odd" payment in the middle of a period of non payments.

 

Your questions should be..

 

How was this payment made

and by whom ?

 

If it was made via a payment into the bank in cash - which bank, and whose signature was on the slip.

 

It is very easy to work out whether or not you did actually make the payment or not.

 

Aktiv themselves are obviously claiming this debt is within statute as a payment was made less then 6 years, are debt collectors also obliged by the law that requires banks to keep full financial records to be kept for money laundering check purposes etc for (6 years?)

 

Because, if magically, they cannot provide the full card number and details regarding the payment, well, would that not be a breach of said law?

 

To the OP - how much do they claim was paid with that card? The figure can often be a good indication they are chancing it.

[DonkeyB]

Well they have "proved it" as far as sending me a print out showing a debit card payment making a payment to the debt.. Doesn't say who's debit card etc of course... Obviously it was me that paid, I'm not lucky enough that someone would pay for me lol

So am I basically stuck regarding paying this? And will have to just give in and pay it?

 

You have a very specific date for this payment. Check with your own bank (or the bank you were using at the time).

[DonkeyB]

Aktiv themselves are obviously claiming this debt is within statute as a payment was made less then 6 years, are debt collectors also obliged by the law that requires banks to keep full financial records to be kept for money laundering check purposes etc for (6 years?)

 

Because, if magically, they cannot provide the full card number and details regarding the payment, well, would that not be a breach of said law?

 

To the OP - how much do they claim was paid with that card? The figure can often be a good indication they are chancing it.

 

Actually the opposite is true – I believe they are NOT allowed to keep card details for a one off payment (for transactions completed over the phone). They must destroy the data within a very short time frame once payment has been received.

[unclebulgaria67]

Actually the opposite is true – I believe they are NOT allowed to keep card details for a one off payment (for transactions completed over the phone). They must destroy the data within a very short time frame once payment has been received.

 

That is correct. For a one-off payment, they can't keep the card details for the purpose of using the same card at a future date. BUT they can retain limited information to help identify the card that was used. This may be the card type and the card number excluding the last 4 digits of the card number.

[SiBaY]

Thankyou for all your replies, I have looked at the printout they sent me of the payments I have made towards the debt, and they are as follows:

1/11/02 - Payment - Giro (Barclays) - £10

19/12/02 - Payment - Giro (Barclays) - £10

Then nothing for over 4 years.

14/2/07 - Payment - Debit Card - £25

26/9/07 - Payment - Debit Card - £63.36

1/10/07 - Payment - Debit Card - £50

Then nothing since.

 

There is nothing on my credit file relating to this debt (with all 3 agencies) and I have no clue which bank/debit card would have been used for the 3 Debit Card payments. But I'm 99.9% sure it wount be the bank or card I am with/have now.

 

So my only next step is to ask them to prove it was me that made the payment? If that is the case, does anyone have a a rough idea of what I should say in the letter?

 

Thanks in advance.

[DonkeyB]

Well, could it have been you making the payments? Do you remember paying anyone over the phone at around this time regarding a debt? Have you any way of working out which debit card/bank you were using at the time so you can check it?

 

If you had not paid for five years, £63.36 seems an unusual amount to pay. The key here is when AK acquired the account – have you had a notice of assignment?

 

If not, you need to find out when the account was supposedly sold to them.

 

A CCA request in the meantime might cause some fun, together with a call to the original creditor to find out when it was sold, who to, and the value of the sale. Also ask when a default was added to your CRA file, and a default notice issued.

[SiBaY]

Well, could it have been you making the payments? Do you remember paying anyone over the phone at around this time regarding a debt? Have you any way of working out which debit card/bank you were using at the time so you can check it?

 

No I don't remember paying, but it must have been me, as noone else would have lol I'm not that lucky. I am going to look in the loft for old statements etc.

 

If you had not paid for five years, £63.36 seems an unusual amount to pay. The key here is when AK acquired the account – have you had a notice of assignment? If not, you need to find out when the account was supposedly sold to them.

 

No I haven't had one of those

 

A CCA request in the meantime might cause some fun, together with a call to the original creditor to find out when it was sold, who to, and the value of the sale. Also ask when a default was added to your CRA file, and a default notice issued.

 

I have a copy of the original Credit Agreement which they were very proud of themselves for having and sending to me, It was/is with River Island (GE Capital) for a store card.

 

I'm slightly confused now as to what I should be doing if I'm honest :/ can you spell it out to me in "idiots guide" terminology lol

[BRIGADIER2JCS]

Thankyou for all your replies, I have looked at the printout they sent me of the payments I have made towards the debt, and they are as follows:

1/11/02 - Payment - Giro (Barclays) - £10

19/12/02 - Payment - Giro (Barclays) - £10

Then nothing for over 4 years.

14/2/07 - Payment - Debit Card - £25

 

 

 

 

 

 

 

Write to their compliance manager:

 

Ref:xxxxxxx

 

Dear Sir or Madam,

 

I refer to your recent letter regarding alleged payments

made to xxxxxxx on enter dates I do not accept that I

made any such payments, therefore I require irefutible

proof that the alleged payment were made by me,the

follwing information is required.

1. The debit card issuers name.

2.The 16 digit card number.

3.The signature panel security code.

Unless this information is produced I can

only assume that no such payments were

made.

I do not acknowledge any liability to your company,

and believe that the alleged debt is statute barred,

therefore I will not now or in the future make any

payment or offer of payment.

 

I expect the information required to be provided within

7 working days from the date hereon, failing this no

further communication will be entered in to.

 

Recorded delivery to their Compliance Manager.