Aktiv Kapital old debt threat letters

[mykeie]

sorry if i have put this thread in the wrong place as i am new to all of this, if it is the wrong place could you please direct me to the correct place. over the last 2 months i have had three letters from AKTIV KAPITAL saying that i have had a debt with FIRST NATIONAL TRICTY FINACE and they now have the debt. the only problem is that i was in a lot of debt around six years ago and remember the company FNTF but i thought that the debt had been settled. i know that you will ask if i have proof but the truth is i dont ? people at the time of my finatial downfall helped me out with paying for these debts as at the time i was at the piont of desperation with the constant phone calls, leters and threats.

all these memories have come flooding back and i dont know where to turn now. i would be thankfull for any help that you can give me.

thanks mykeie

[jveasey147]

well the first thing is dont worry there are a lot of people on here to help

first you say you thought you had settled well you may have some dca companys are not as honest as others so first thing to do is send a cca request + a £1 postal order to aktiv they have 12 days to answer if they dont they then have a further month to answer or they have commited a criminal offence that will tell you if they own the debt and if there is one in the first place send it registered post as they seem to lose there post very easily after that come back on here

p.s. dont ring them and dont say yes to anything untill you get your info

[mykeie]

thank you for your reply. i dont mean to sound silly but wot is dca and cca? and by communicating with them does that mean i do owe them the money?all this is new to me and im like a rabbit stuck in the headlights!

thanks

[mykeie]

also i payed for a report of my credit history off CreditExpert and nothing in the report mentioned first national tricity finace or Aktiv Kapital ??

[lookinforinfo]

Mykeie, if all three of your reports show nothing about Tricity ad Aktiv, then

the debt is unenforceable in Court because it is out of date.

You can either ignore them, or write back and tell that you do not acknowledge any debt with them. If they write again you will report them

to Trading Standards.

[jveasey147]

sorry mykeie lost you for awhile a dca is a debt collecting agency a cca request gets all the information they hold on this account you dissagree with as part of the consumer credit copy act have a really good look at all of the other threads to find out more including templates for the letters

with regards to you oweing money see above lookinforinfo is a hero on this site so listen and learn

[mykeie]

sorry for the delay just got in from work. been thinking about it all day again. thanks for the reply both of you. lookinforinfo, do you mean if there is nothing showing on my report from creditExpert then there is no debt? is creditExpert a good company to use as a credit file report? and should i send a cca off or will that just let them know i have the letters from them and im willing to talk to them ??

thank mykeie

[Smoothy]

sorry for the delay just got in from work. been thinking about it all day again. thanks for the reply both of you. lookinforinfo, do you mean if there is nothing showing on my report from creditExpert then there is no debt? is creditExpert a good company to use as a credit file report? and should i send a cca off or will that just let them know i have the letters from them and im willing to talk to them ??

thank mykeie

 

Hi Mykeie.

 

Try sending this http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html#post162367 or this

Sir/Madam

 

Your Reference: XXXXXXXXXXXXXX

 

 

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.

 

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defense to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Yours faithfully

 

With either of them, include a £1 postal order and send it via recorded delivery. You will then have proof of posting and receipt via the royal mail website. (Here!) http://www.royalmail.com/portal/rm

They then have 12 days from receipt to respond or the account goes into default. A month after, if you still have not received the agreement, they will have commited a criminal offence and you should draw their attention to this with a followup letter.

What constitutes compliance to a CCA request?...well as you have some time before they respond, I suggest you read here!!! http://www.consumeractiongroup.co.uk/forum/general/33174-consumer-credit-act-agreements.html

Armed with a bit more, you should then feel more confident about biting back!!!

Hope this helps.

 

Smoothy

[mykeie]

thanks for your help smoothy i will get this sent off and keep you posted. can you tell me if Credit Expert is a good company to get a credit report from ? it says there is nothing registered from first national tricity finance or Aktiv Kapital for this debt ?

thanks

[Church]

Hi, I've started receiving these letters too - also for a debt I paid off years ago. It's reassuring to know that I'm not on my own here. I'll be posting that letter off, as soon as I've bought my Postal Orders.

 

Thanks for the help everyone.

[PKea]

with regard to Credit Expert, Differnet companies use different CRA's (credit reference agencies), so some accounts may not show up. There is Experian & Equifax for example.

The best bet would be to send off the fee to these companied for your credit records. I think the fee is £2.

[lookinforinfo]

Mykeie, there are three Credit Reference Agencies-Experian, Equifax and

Callcredit. If you can find no record of the debt on any of their flies then

the debt is out of date, and is unenforceable-even in a Court.

So a CCA request might be dangerous unless you ensure that you stipulate

that you do not recognise the debt, since the request could start up the debt for another six years.

[mykeie]

thaks for your help once agian folks i will get another credit check with equifax and let you know the outcome?

thanks mykeie

[Smoothy]

Sorry for not getting back to you sooner...(i dont do nights!!)

Lookinforinfo covered it though!

Get your file from all 3 CRA's

You can do them online, order a copy for £2 from each.

http://www.experian.co.uk/consumer/index.html thats experian,

Online Credit Reports and Credit Reporting from a Leading Credit Agency: Equifax thats equifax, and

Credit report information for consumers - Callcredit call credit

 

 

Smoothy

[mykeie]

just to let you know i have sent for a credit report from eperian and as soon as i get it ill let you know the results. just keeping my fingers crossed there is nothing in there from Fist National Tricty Finace or from the vultures Aktiv Kapital ?

thank mykeie

[mykeie]

hi there just got my report back from experian and that also says nothing about any debt from First National Tricity Finance as well as the report from credit expert?? but still i am getting letters from this Aktiv Kapital saying it is an old debt and i should contact them in the next 7 days? does this mean that i dont have this debt and they are just trying to get money out of me?? and also does this mean i should not contact them and ignore these letters??

thaks mykeie

[lookinforinfo]

Mykeie it is possible thatTricity report to one of the other two agencies and

not Experian at all. So you will have to get all three. However it is a good

sign that your file is clear with them as they tend to be looked on as the major one.

 

It is not unusual for companies to try it on and take advantage of those who

are unaware of the Limitations Act. If it transpires that they are chasing an out of date debt, a visit to your local Trading Standards is recommended.

[You might suggest that they liaise with their counterparts in Inverness who

are also looking at Aktiv doing the same thing up there].

[InKogneeToh]

Hi Mykeie

 

Just a word of warning - the fact that defaults may not show on any of the credit reports when you receive them does not necessarily mean that the debt is unenforceable.

 

It depends more on when you last paid money to or acknowledged the debt to the original creditor.

 

E.g. my hubby had a B/card in 1995 - default entered in 1998 which came off record in 2004. BUT he had still been paying the creditor reduced payments until 2002 so the debt is in fact enforceable until 2008 because the 6 year time limit now runs from 2002, being the last time he acknowledged the debt.

 

My advice is to send the CCA request to Aktiv and also an SAR to the original creditor (this will give you info. on when you last had contact with them). You will find templates in the library on this site. Send £1 for CCA and £10 for SAR. More money out of your pocket I know but you will get the info. you need to know how to deal with this. In the meantime sit back, don't worry, DO NOT have any phone conversations with Aktiv and just put any further demanding letters in to a file until you receive the correct responses.

 

Let us know how you get on.

 

Regards, Pam

[InKogneeToh]

P.S. In the CCA letter make sure you state quite clearly that you DO NOT acknowledge the debt. It is wise to refer to

'the alleged debt' and never 'my debt'.

 

Regards, Pam

[Chrisopenuni]

Hi there. Just thought I would butt in as this thread sounds almost identical to trouble i had last year.

 

briefly, bought £1220 computer in 1999, on a buy now pay in a year.

during that year life fell apart in a dramatic fashion -hubby left, pregnant with twins, 500 mile relocation etc.

I kept in touch with first national to let them know where i was. My plan to pay off the max i could within the year was impossible, so waited for the first bill. £2280 total with interest! I learned a lesson about H.P. that day I can tell you!

Paid for as long as I could, but got more and more difficult. 1st national didnt do much to help, passed it to Aktiv (did you know Aktiv is OWNED by 1st National / part of the group?) they then passed it to a company here in Scotland called "Logic" (wouldnt surprise me if THEY were part of GE too)

Eventually defaulted in August 2002 after illegal harrassment ("Can't you borrow it off your mother?" type-phone calls...) and inability to make THEIR demands. However, borrowed from a friend to satisfy the debt.

The guy I dealt with at Logic was actually really nice, the first time I had been spoken to like a human being! When I settled the balance, he sent me 10 copies of the "full and final / matter closed" letter. I called him to ask why, he said "Put them somewhere safe. It's not unusual for people to get letters many many years after settling. Keep them for 20 years" was his advice. He also said that if this ever happened again with anyone, ALWAYS insist on getting a letter to prove the debt is settled.

 

Joined Experian Credit Expert, check credit rating, credit reports & file alerts - with Experian CreditExpert.co.uk last year to have a good look as I had started getting letters from Aktiv again, 3 years after settled! Sure enough, the only default I ever had was this one, ad it was right at the top with a red "8" ball, and it looked awful!! But it did NOT say that the balance was satisfied!

 

I felt really good now, cos I had proof. Sent it to them and waited. they claimed to have lost it and continued harrassing me. I told them on the phone that if they continued, I would be taking legal action against them as I had proof of their harrassment and proof of payment. The calls stopped. After 3 requests, I STILL haven't had a letter confirming my balance is settled with them, BUT on my credit report, it IS now showing as settled, so that'll do for me.

 

GE Capital, 1st National Tricity Finance and Aktiv are a family. Just like in "Texas Chainsaw Massacre" LOL

 

You will be fine, these are faceless entities who care nothing for your stress, so please relax about things, they WILL be resolved in time. Please try to chase up proof of your settlement with whatever company took it. If that requires the DPA or SAR then fine...but you will be fine and this will get sorted. DO NOT entertain phone calls. Politely decline to speak about it over the phone.

Good luck. x

[mykeie]

many thaks to all who have posted back to me. your support and guidence is very much appreciated. i will send a cca to Aktiva Kapital and will post as soon as i get a report back.

thanks mykeie

[mykeie]

hi sorry its taken so long but just had a letter this morning from Aktiv Kapital. they have responded to the cca request that i was told to send. i sent it on the 30/1/07 recorded delivery. the letter reads - dear sir/madam we aknowledge recipt of your request for information under the consumer credit act 1974(sections 77&78) we can confirm that the information has been requested from your original creditor and we aim to provide you with some information within statutory 30 day period.

is there anything that i have to do now or is it sit and wait to see wot they dig up?

many thanks mykeie

[InKogneeToh]

Hi mykeie

 

Where did they get the 30 day statutory period from I wonder?

 

It is 12 working days from the date they received your request. If the correct documents do not show up within that timescale then they cannot enforce the debt (assuming there actually is one) until they comply. After a further calender month they will have committed a criminal offence!

 

What date did they receive the request on?

 

Regards, Pam

[mykeie]

hi. i sent the cca request recorded delivery on the 30/01/07. their letter to me is dated 05/02/07 and has a photo copy signature? tried to track the delivery but it is not showing up on royal main site.what situation am i at now with the time scale as it is all new to me? thanks for the advice

mykeie

[InKogneeToh]

Hi

 

You can assume that they received your request 2 (postal) days after you sent it. If they have not sent a 'true' copy of your agreement within a further 12 working days from that then they are in default and cannot enforce the agreement.

 

You have proof that they received the letter so sit back and wait. Do not write or phone to remind them of the correct time limit - it is their responsibility to know the relevant legislation that governs the credit agreements they purchase!

 

Regards, Pam