Aktiv Kapital

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Aktiv Kapital

Postby persuer » Sat Apr 13, 2013 7:39 pm

Hello all this is my first post, My wife kept on receiving letter from Equidebt working on behalf of Aktiv Kapital for the amount of £1903.42, I sent them a SB letter but that was ignored and a further letter was sent offering me a "special deal" to pay £380.68.
I sent them a further letter

Dear Sir /Madam

Reference: Aktiv Kapital UK Limited xxxxxxxxxxxx

This letter does not admit liability nor does it acknowledge the alleged debt.

I write following your recent contact with myself regarding a debt that you claim I owe.

I would point out that under the Section 5 of The Limitation Act 1980 whereby ‘an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.

I would also refer you to the Office of Fair Trading, (OFT) Debt Collection Guidelines (updated October 2011) whereby it states under ‘statute barred debt’ that ‘it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period’.

The Debt collection Guidance also states that it is unfair or improper business practice for the debt collection business to misrepresent its legal position when seeking to recover statute barred debt.

It continues to state that it is false representation of authority and/or legal position for business to contact debtors misrepresent their authority and/or the correct legal position with regards to debts or the debt recovery process.

The guidance also gives an example of unfair or improper practice as ‘falsely implying or stating that action can, or will, be taken, when legally it cannot be taken’.

Under Annex B6 it states;

‘A relevant claim will normally take the form of the creditor raising an action for payment in court. Simply sending a default notice or a letter demanding payment will not constitute a relevant claim’.

The OFT ‘Debt Collection Guidance’ further states that by continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred may be an unfair or improper practice.

I note from my records that the last payment / correspondence / or acknowledgement of this debt was made over six years ago and no further acknowledgement or payment has been made since that time.

As you have failed to provide evidence under Section 5 of the Limitation Act or the OFT updated Debt Collection Guidance then I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.

If you subsequently cannot prove I owe this debt and if you continue to act in this irresponsible and unprofessional way then I will have no other alternative than to report you to Trading Standards and the Office of Fair Trading. I will also lodge a complaint with the Financial Ombudsman Service and your trade association, if appropriate, the Credit Services Association.

If I receive any communication from another debt collection agency then it will be evident that you have sold this debt on with the knowledge that it is statute barred. Should this occur then I will report you to the government bodies and trade association detailed above.

I now await written confirmation that this matter is now closed, you are not to contact me by telephone, instead by letter only.

I look forward to your reply by return.

Yours faithfully

I received one back stating that they have investigated this matter internally and file is now closed and sent back to their clients.

We have now received one from Aktiv Kapital offering a "new deal" for £380.68.

Any help or advice would be appreciated.
persuer
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Re: Aktiv Kapital

Postby ltwf1964 » Sat Apr 13, 2013 7:57 pm

"dear Aktiv kapital

I hereby invite and challenge you to initiate legal proceedings to attempt to recover this statute barred debt forthwith

yours etc

persuer"
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Re: Aktiv Kapital

Postby ceylon » Sun Apr 14, 2013 11:22 am

if they could win in court why would they offer you a discount?

use the letters from here or just send this

Provide your DEED OF ASSIGNMENT and DEED OF NOVATION IMMEDIATELY or are you committing fraud?
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by Advertising » Sun Apr 14, 2013 11:42 am

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Re: Aktiv Kapital

Postby persuer » Sun Apr 14, 2013 11:42 am

ceylon wrote:if they could win in court why would they offer you a discount?

use the letters from here or just send this

Provide your DEED OF ASSIGNMENT and DEED OF NOVATION IMMEDIATELY or are you committing fraud?


Thanks for your replies but what are these and how would they help me please?.
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Re: Aktiv Kapital

Postby ceylon » Sun Apr 14, 2013 12:12 pm

they are paper work that HAS to be with every alleged debt and if their not then both companies are committing FRAUD and they never have this paper work if they did they would show you would they not. so they are committing FRAUD.
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Re: Aktiv Kapital

Postby ltwf1964 » Sun Apr 14, 2013 12:53 pm

and if they are committing fraud by misrepresenting that you owe them money when clearly you don't,then similarly they are committing libel by blacking your credit history when they have no grounds to do so

This is going to be the next battleground i think........
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Re: Aktiv Kapital

Postby persuer » Sun Apr 14, 2013 5:59 pm

One thing I cannot figure out though is Equidebt state that their client is Aktiv Kapital in their letter but Aktiv Kapital state it is an outstanding balance to GE Capital Global Consumer Finance Ltd in theirs ????????.
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by Advertising » Sun Apr 14, 2013 9:17 pm

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Re: Aktiv Kapital

Postby againstthesystem » Sun Apr 14, 2013 9:17 pm

If the debt is statute barred, then they CANT claim it. Its that simple. I suggest you write back without admitting liability in any case, and say they unless they back off, you will be reporting them to the OFT for illegal practice and you will have their license suspended. Fight fire with fire is my motto.
Any opinions offered is based on my own experiences and such opinions are given freely. However, they are not to be construed as legal advice.You must make your OWN decisions as to whether you follow the advice.

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