Pls HELP!!! Problems with AKTIV CAPITAL

[souljahslim]

Hi everyone, I just found this site and I must say its been veryuseful with some very knowledgable members. hopefully one of you guys may be able to help me.

 

I recieved a letter from Debt Managers ltd on behalf of Aktiv Kapital concerning an overdraft they brought from Barclays Bank. I remember having an account with Barlcays and remembering it defaulting. It was passed on to a DCA and I used to pay them £40 p/m when I was a student. After I moved and forgot about the debt, About six years have passed now and they are now demanding money for the outstanding debt around £450. I called Aktiv and spoke to a rude young man who said that I had a moral obligation too pay the debt and that as I used to pay back in 2000 I had to pay now. I advised him that I wanted to see all the documents regarding the matter andfor them to prove the debt was mine, He was very apprehensive about this and seemed reluctant and kept telling me that he had proved the debt was mine, I advised him that this would not stand up in a court of law. He finally agreed to give me the address and I have drafted up a letter requesting a copy of the agreement that was signed by me.

 

1. Even if it is an overdraft would they still need to prove that the debt is mine and provide the relevant documents, is this debt still covered by the CCA even if it is a overdraft.

 

2. What does everyone reccomend that I do next, any help with be greatly appreciated.

 

3.I am not entirely sure when I made the last payt wether it was DEC 2000 or early 2001, what shoulkd I do regarding this

 

4.Has anyone got any stories regarding there dealings with Aktiv Kapital.

 

The more I thing about this the more I worry as it is a lot of money to me. Pls Help thank You

[souljahslim]

hey can any 1 pls help

[GC66]

Hi I know Aktiv do buy old debt. Suggest that you dont contact them by telephone again, if the debt is over six years old and you have had no contact then it may be statue barred. Suggest request CCA and SAR sending correct fees by recorded delivery and see what happens. Do not acknowledge the debt.

[Tristesse]

Ok lets get a view little things cleared up firstly have you in the past 6 years made any acknowledgement of the debt or have they tried to contact you? For example by sending you letters or by you paying the debt? Telephone calls etc.

 

Plenty here will have had experience with Aktiv Kapital I'm sure so theres no need to worry these are usual bullying tactics.

 

The most important thing is not to acknowledge this debt until they have proved that it is yours (they will need to provide an agreement signed by yourself I'm not sure what this will be for an overdraft).

 

If there has been no communication about this debt in the last 6 years then (as was said by GC66) it is barred and will not be enforcable.

 

As has been said Never communicate with these people by telephone if they keep calling send the letter about harassment:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

[souljahslim]

Hi thanks for the responses, its either jus over borderline 6 years or jus under i , i poster the cca letter today and have told them to send me proof of the agreement, i will not phone them anymore and will only deal with them through the post what would u advisee i do now,

 

do you think that they will be able to provide proof to me, will they take me to court for £450 and if they dont are they able to send sum 1 round

 

thank you

[souljahslim]

may i ask why should i not communiacte via telephone

[bytor]

Hi

If you do all communication by post you'll have a record of what they say. There's nothing worse than having DCA's phoning you all the time, I don't give out my phone number on letters i write to them for that reason.

[souljahslim]

so would they be able to use door to door collectors and would they take me to court over £450

[bytor]

I suppose they could send someone round but if you sent out the CCA request you could just say the account is in dispute. As I understand it after 12 working days they cannot collect money until they get a court order. Not sure if they would go to court for £450. Hopefully someone with more knowledge will post.

[lookinforinfo]

Soul, the easiest thing to do is to get hold of your credit reports from the three Credit Reference Agencies [Google them if you want to know where

they are]. If there is niothing on them about the debt, they cannot enforce

the debt because after six years it is out of date-and they are breaking OFT

guidelines by pursuing you for it.

Once you have confirmed the debt is out of date, complain to your local Trading Standards about them claiming they are not fit and proper persons

to hold a conumer credit licence.

 

PS To get them to send the documents you asked for, you should have

included a payment [postal order is best]. If you didn't do that they

are not obliged to send the papers. However if your credit files are

clear, don't bother sending them a pound, since they can't enforce the debt.

[souljahslim]

Hi I just had a look at my reports and it does not mention aktiv Kaital anywhere on there, they assigned the debt to another company called debt managers. who have now sent it back to them. My report does mention thames credit or I have heard are part of Aktiv Kapital, however my debt shows as satisfied and theres another one with thames Credit that shows a larger current balance than than what aktiv requested could this be the same debt to what I got a letter too, if it is it will be 6 years on 31.05.07.

 

Pls help

[lookinforinfo]

Have you sent a CCA request to Debt managers yet? The request stops them

in their tracks-they cannot pursue you while the request is outstanding. And

Debt Managers are not mentioned on your credit file, so don't assume that

they are chasing you for the debt on your file.

Once you send off the enquiry, do not chase it up-let them take as long as they want.

[souljahslim]

Hey debt managers refered the debt back to aktiv kapital, i have sent them a request for the agreement, i wont contact them and will wait for the agreement

[tamadus]

Make sure you put 'I do not acknowledge this alleged debt' in any letters you send them.

 

This is very important as any acknowledgement within the 6 year period restarts the clock.

[souljahslim]

Hey yeah I have put that in the letter jus need to get the postal order now, generally is it £5 or £10 for a SAR

[tamadus]

Hey yeah I have put that in the letter jus need to get the postal order now, generally is it £5 or £10 for a S.A.R - (Subject Access Request)

 

No generally about it the statutory fee for a SAR is £10.00

[souljahslim]

Cheers for that

[lookinforinfo]

Soul, it is probably better not sending an S.A.R - (Subject Access Request) at all at the moment, and when

you do, Barclays are the ones to send it to.

 

Debt Managers or Aktiv should still have to send you the documents relating

to the CCA request and until they do, I can't see the necessity to spend

any more money. By returning the debt to Aktiv, DM are admitting that they do not have a copy of the original agreement, and Aktiv probably do not

have it either. So the likelihood is that they will not be able to comply with

the CCA in time- and even if they do, there is a possibility that it does not

refer to the debt on your file.

If it is, then you send the S.A.R - (Subject Access Request) to Barclays to find out how much of it is down

to unlawful, reclaimable charges

[souljahslim]

Hey ok good idea will just wait for Aktiv to get in touch with me, if I did send Barclays a SAR, would it be the same as admiting the debt is mine and then the limitation act would not be valid anymore, Any thoughts.

 

Also what are the exact timeframes for a CCA as I have been reading different times so I am a lil confused, what happens if I dont recieve the agreemment withing the timeframes

 

Thx