Aktiv Kapital spoof debt [was also SB] - i issued a claim for costs/compo - they folded and coughed **WON**

[lukeman]

Ladies/Gents

 

I would like to share my success against Aktiv Kapital.

 

AK has been bullying and harassing me since 2009 for debt that didn't exist.

I bough a fridge with a comet edge card in 2006 and shortly after it was delivered I changed my mind and sent it back.

 

I didn't hear anything from them until AK started calling me day and night

and threatening me with court action and subsequently registered a default against my credit file.

 

I also discovered that AK had illegally changed the default date by 20 months.

 

Fast forward June/ July.

 

I sent Aktiv Kapital a letter stating I did not owe the alleged debt and also this debt is statute barred anyway.

 

They ignored my first letter, then I sent them DPA notice to stop processing my data and gave them 21 days to comply.

Again they did not comply and letter before action was sent.

 

Then I issued a claim online for damages and notes as per above.

 

They filed a defence within 2-3 days of issuing the claim online and said they would defend.

 

For the past 2 months they have tried to bully me into submission saying they had strong case and they would defend vigorously.

 

I stood my ground through out and ordered them to remove the default immediately

and pay me compensation for all the things they had put me through for many years.

 

Finally once the hearing date had been confirmed and clock started ticking they offered £105

and to mark the alleged debt as settled.

 

I refused straight away.

 

Then finally they say they would settle and pay me full amount claimed and remove the default within 72 hours.

 

I again refused as I had now prepared all the bundles and incurred further costs

and I ask them to pay for them and surprise surprise they agreed and further paid for preparing the bundle.

 

Aktiv Kapital are bunch of cow boys and I would advise all of you good people out there to stand your ground

when you had been violated by DCA's and AK are B*****s for making up debt when there was none.

 

Bytheway;

before I issue the claim I tried the OFT and they were not helpful and infact very rude to me over the phone

so from now on Her Majesty Court are way forward for me.

 

cheers all

[lukeman]

First DCA Aktiv Kapital: down ......

 

Next: Sigma Red ( will be issueing claim next month after final letter before action.

[DonkeyB]

I think you need to get in touch with batty on this thread.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?381502-Defence-After-a-Set-Aside-Hearing-**-SUCCESS-I-WON-**/page9

 

Between you, you must take this to the OFT and to Watchdog – Aktiv are under OFT sanctions and between you, you could see them fined £100,000.

[lukeman]

Good idea and don't mind it all.

 

Bytheway, they attributed their attempt to collect money by fraudulent means to admin error.

 

Fortunately for me I found a lot of criminating data for them to back off and settle.

 

Furthermore the main fairy-tale that is normally told by Banks and DCA's about not being able to change or delete an entry with CRA's is a complete lie. AK did this within 72 hours but technically it can be done the same day.

[batty69]

Congrats, Lukewarm. I just won against AK in court aswell! Would love to know more, as I'm hoping further action can be taken against these people

[lukeman]

Congrats, Lukewarm. I just won against AK in court aswell! Would love to know more, as I'm hoping further action can be taken against these people

 

Congrats to you too mate. Fantastic result.

 

On what grounds are you planning the further action you mention above. I expect elements that were not mentioned in your original POC.

 

In my POC I mentioned;

 

1) NOT the Debtor in question - don't owe this debt

2) Debt was statute barred anyway

3) harassment - threatening and bullying

4) Breach of Data Protection

 

In hindsight I should have brought three different cases I against them or at least two cases. Also I wish I had claimed higher cost but most importantly I was after the default removal and they did remove and settled in full in the end.

 

Let me anything you want to know or discuss otherwise just message me anytime.