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Active kapital advice for letter needed

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  • Active kapital advice for letter needed

    Hi
    Need advice . My partner received a letter from aktiv kapital and it said he had £12.000 outstanding debt and that if he would pay now he would only pay £7000.
    We checked his credit score and it says that for the same amount there was a credit card account that first defaulted and then was satisfied.
    We called aktiv kapital and they said they will try to find if and when payment was made . Our questions are firstly the credit card company does not exist anymore so how can they find the relevant paper work of the accounts . Even if they can prove that it wasn't paid of which some of it was paid as it shows on his credit report then how come they are only asking for £12000 ? Also why are they offering £7000 settlement if they can enforce whole amount ?Is this a scam where they don't have the information or is it for real ?
    They have told us they are putting it all on hold pending investigation of paper work and why it is shown as satisfied on his credit report.


    any ideas or advice is appreciated .

    cheers
    Tags: None

  • #2
    Re: Active kapital advice for letter needed

    Even if a firm no longer exists, any assets will have been sold on, so someone will hold the rights to the old account. Whether AK hold that right legally is another issue that might be challenged. The good thing for you is that a firm wound up usually means that the availability of the original paperwork will be poor.

    I can't explain why the credit report shows as satisfied, but even if you have no proof that helps you to challenge their claim that money is still owed. Who is reporting on the account on the credit file?

    AK is a debt collection agency and DCAs buy up defaulted debts after they have been written off. It's not clear how much they pay, but evidence suggests that typically they pay only about 5% of the face value, so for a debt of 12k they will only have paid somewhere around £600. It makes sense for them to offer discounts if it saves hassle and gets money in quickly. That's also why they can afford to file lots of flawed claims that they lose, because most people pay the lot and they only have to win the odd one to subsidise a lot of failed claims or uncollected debts.

    Basically they haven't yet proved to you that there is a debt or that they have a legal right to collect it, so don't help them. Also be aware that speaking on the phone is inadvisable because they are trained to manipulate and deceive people and you don't have a record of anything said in the call. Keep everything in writing from now on.

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    • #3
      Re: Active kapital advice for letter needed

      Thank you for the quick reply .It's a credit rating agency reporting . Shall we wait for what AK does next ? Should we send a proof of debt existing letter or not ?

      Comment


      • #4
        Re: Active kapital advice for letter needed

        Who is registering the data with the credit reference agency?

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        • #5
          Re: Active kapital advice for letter needed

          I don't know I assume AK and the old credit card company

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          • #6
            Re: Active kapital advice for letter needed

            Every entry on a credit file states the company name and that's the current owner who is registering the data. If this account appears there it must say who now owns it.

            Comment


            • #7
              Re: Active kapital advice for letter needed

              the original credit card defaulted on 30/10/2010 and then was assigned in 1/12/2010 to another lender who bought the debt but the name or account is not displayed !

              The next time the debt shows up as an entry is on the 4/11/2012 so what happened in 2 years is not clear where the account went to and then it shows up as being now owned by aktiv kapital.

              what is the case here ?

              Comment


              • #8
                Re: Active kapital advice for letter needed

                Originally posted by Marina View Post
                the original credit card defaulted on 30/10/2010 and then was assigned in 1/12/2010 to another lender who bought the debt but the name or account is not displayed !

                The next time the debt shows up as an entry is on the 4/11/2012 so what happened in 2 years is not clear where the account went to and then it shows up as being now owned by aktiv kapital.

                what is the case here ?
                other lender Vardi?

                Comment


                • #9
                  Re: Active kapital advice for letter needed

                  no other lender in those two years is named its as if the account went away for 2 years with no record on the credit file and then it came back out of the blue .

                  this is strange , what should be our next move ?

                  Comment


                  • #10
                    Re: Active kapital advice for letter needed

                    ok some new information further to our conversation with AK they have sent a letter saying the have put the account on hold pending investigation. They also said that the former Lender was Vardi Experto.
                    That lender never sent letter we never received any notice of assignment or anything till this one letter from AK.
                    also the credit report now doesnt show now anymore the old credit card company just AK listed owning the debt.
                    what will happen next and should we prepare anything ?
                    any help or advice is very appreciated .

                    Comment


                    • #11
                      Re: Active kapital advice for letter needed

                      any advice please.

                      Comment


                      • #12
                        Re: Active kapital advice for letter needed

                        Was this a debt that you had? (with Vardi Experto )

                        Sometimes if an original creditor sells on a debt it gets marked as satisfied on the credit file, then when the purchasing company picks it up they start up the credit reporting again. Doesn't seem right to be as if you're sorting out your debts and check your credit file you'd quite legitimately think that debt had been sorted out.

                        You've asked Aktiv Capital to look into it, and they're writing to you confirming that's what they are doing. As they are now the debt owners I would, as backup, send them a formal CCA request for the original credit agreement. http://www.legalbeagles.info/forums/...y-of-Agreement
                        #staysafestayhome

                        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                        Received a Court Claim? Read >>>>> First Steps

                        Comment


                        • #13
                          Re: Active kapital advice for letter needed

                          Thank you Amethyst will send that document but the question that still bugs me is that we had never heard of Vardi experto till AK send the letter confirming they are looking into it.
                          They also didnt show up on the credit report so when did they come into it ? the original credit card was with MBNA uk.

                          we never received any letters by Vardi experto or any notice of assignment.

                          and my final question is if AK can enforce the £12.000 why are the offering a discount of £5000 ? that doesnt make sense to me .

                          Comment


                          • #14
                            Re: Active kapital advice for letter needed

                            Aktiv Kapital ( or Experto, or Vardi ) probably bought the debt for something like 10% of the original value, so can afford to give large ''discounts''

                            So you've had nothing between defaulting with MBNA and them giving up chasing and this letter from Activ Kaptial. See what Activ come up with in their ''investigations''. If they do bring court action or send a formal Letter before Action you should ask them for the notice of assignments, default notice and so on. For now I think asking for the CCA will do though.
                            #staysafestayhome

                            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                            Received a Court Claim? Read >>>>> First Steps

                            Comment


                            • #15
                              Re: Active kapital advice for letter needed

                              discount they do offer say for 3 months to comply, or look at their generous plans (NOT), it is a come on but the longer you take to repay the less discount you are offerred, hence they win win win which ever as they pay peanuts for an account,
                              afraid that you are finding out Vardi (Ireland) bought off MBNA as they do then their agent Experto Credit on their behalf chase you, then on to A.K. who finally purchase off them = all in all nothing new = the A.K. try to get aggressive and chase you day and night

                              so the story begins again.

                              Comment

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