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Call Serve - Aktiv Capital threatening letters

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Had been paying £5 per month to a company since 2006 - I foolishly fell victim to after initial threatening letters back then and succumbed without even asking for evidence of the original debt (I was in a bad place) After a couple of rock bottm years 2002/3 I did have a couple of debts but thought they were resolved so when I started receiving threatening letters from Aktiv Kapital/call serve I just agreed to pay the small amount to get them off my backs. After paying them since 2006 and being slightly wiser I stopped the DD to find out who this company are and why I am still paying after 6 years. The threatening letters started up again and said I had defaulted on our agreement and unless I paid the £1269.00 in full they would send out a debt collector to my address. I replied in writing stating that I wanted and needed clarification of the original debt as although I have been paying for 6 years I have no idea what I'm paying for. They replied with a list of my £5 payments dating back to 2006 and that the original debt was for a comet account in 2003. They also said I need to send a£1 to get the original agreement. I replied with a £1 standing order asking for this original agreement and that's where I'm at now. Could you advise where I stand with this company and as I was foolish and scared enough to start paying them back in 2006 does that mean if they reply with the original 2003 agreement the debt starts from now?

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I'm afraid the Statute barred clock only starts from when you last paid anything. All is not lost though, wait until they provide a copy of the agreement & when they do post it up here after removing identifiers & we'll see if everything is kosher. ;)


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I replied with a £1 standing order asking for this original agreement and that's where I'm at now.

 

Once 12 + 2 working days (the +2 working days are to allow for postage) have elapsed, if you have received nothing or a questionable agreement, then do not forget to place the account into dispute.

 

Account in-dispute letters are in the Library section, scroll up to the top tool bar Library is in green.

 

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oh an old comet account is this not the company that will have better things to do than look for an Alledged agreement


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Is it actually Comet? IIRC their finance was provided by Lombard Tricity or Time. After the CCA request in may be worth sending a SAR as there are bound to have been multiple penalty charges on the account. I had Aktiv chasing me for a Comet account and I seem to remember we settled on an amount of £47 to clear the account rather than the £500 odd that they were claiming was owed.


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I would doubt very much if there would still be an agreement available after eight years so asking the question would seem to be in order.

 

Even more pertinent though would be to ask how much is still owed on this.

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I sent a CCA to Aktiv for a similar alleged debt. The "Time" and "Tiny" computer firms went bust and virtually no paperwork was properly kept.

As Aktiv couldn't comply with my CCA request, they ended up writing to say as it was unenforceable, the alleged amount owed would be written off.

 

Take the above advice, sit tight and wait for a CCA response. It's up to you, but I'd pay them nothing more until/if they fully comply.

 

You may find that you eventually get a letter after a couple of months, informing you that they are closing the account. Let's hope so.

 

Best of luck!

 

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I sent a CCA to Aktiv for a similar alleged debt. The "Time" and "Tiny" computer firms went bust and virtually no paperwork was properly kept.

Time Retail Finance (TRF) was owned by Kingfisher Group (Comet, Woolworths, B&Q, etc.) and maintained their collective storecard. The 'Timecard' could be branded as any retailer (i.e. the one where the account was opened), but could be also used at all the others. It had no connection with the Time/Tiny computer brands.

Certain Kingfisher stores were sold off in 2001, as was TRF itself in 2002, but the Timecards continued to be accepted at certain Kingfisher stores, and eventually none of them. IIRC, my Comet-branded Timecard stopped being accepted by Comet, and then Woolworths much later (but a few years before they closed). The TRF debts eventually ended up with (IIRC) Santander, and about six month before mine was finally paid off, they stopped applying interest. Which was nice.

Edited by Staraker

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