I need your advice, I think my debt was sold to Aktive Kapital and they keep on phoning me and leaving automated VM to call back. They have never sent me a letter or any other info, but I am assuming it is the amount I have default to pay my outstanding time share (in which I was coaxed into while in Mexico). It is about $6K. The debt is from end of Dec 2007 and was passed via two collection agencies in USA and now came to AK. I am a retired teacher (well into my retirement) and there is no way I could pay that off, especially given how much I have already paid to the timeshare. Please let me know what should be my approach, keep on ignoring the calls, talk to them and say to stop phoning or what else? How can this affect me? I am not planning to need a loan or mortgage (due to my age). Currently I have a car lease, LOC and Visa card- and always pay off everything on time. What can they do to me?
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Julia
Hi no_name,
Request debt validation. Debt validation is your right to have the debt collectors prove you owe what they say you owe. If the collector can't validate the debt, they can't collect.
Once they prove they can legally collect, talk to them. Explain your situation to them, and try to negotiate a smaller amount. They bought the debt for a very small portion of the original amount. Given the circumstances, they might be willing to settle for pennies on the dollar.
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Mike
Here is a thread that discusses this particular phone number:
If I were you I would first get a copy of my credit report at annualcreditreport.com 3 times a year from each of the credit burears (free every 4 months) and check to see if the time share delinquent is there, if it is not there,I would keep on ignoring the calls until they validate the debt that they are calling about. If the debt is on the credit report check to see if there is a statue of limitation (SOL) in your state. I would then send the debt collector a letter asking them to validate the debt (never tell them the debt is your). If they validate the debt then I would ask time share to make a payment arangement that I can afford and try to sell the time share. If time share don't cooperate, I would file bankrupt. You can do what you want to do, I hope this helps.
Thank you for all the tips. I am Canadian resident so I will have to find another website where to check my credit. SOL in my province is 2 years and as far as I recall last time I made a payment towards the time share was somewhere around July-Sep 2008 (I have to verify that) so I am just about at the point of hitting the 2 years. Maybe that is the reason why they phone every two days, also I am sure they think i am an easy target due to my age (if they were able to verify that). If i request to validate the debt i have to disclose my mailing address which they dont have (else would be sending me something i guess). Should i still do that or play with time? Thanks again for all the advice.
No name, they maybe trying to re age the debt, if what is happening to you were happening to me in the usa I would just play it out and get my credit report. Debt collectors has been calling me looking for some one that i don't know, since 2005 or before and never sent any mail to my address. I never had any delinquent debt but I'm still getting calls 4 or more times a week. So I turned my telephone ringer off, good luck to you.
Bud Hibbs web site is a good place for you to do a little reading. Also the FTC web site, and the numerous consumer oriented web sites regarding the Fair Debt Collection Practices Act (FDCPA). You can make them stop harassing you, although I can't promise they won't sue you. I would also suggest checking into the FTC and HUD web sites for info related to time share properties. You may want to read up on "time barred debt" to see if it applies in your case. Depending on what state you live in, your retirement income and home may be protected (or not).
I wouldn't let them frighten you. A brief appointment with one of the lawyers linked from Bud Hibbs' web site might put your mind at ease. The Mexico thing muddies the water a little in my tiny little mind. The fact that this is getting passed around from one collection agency to another makes me suspect that this is junk paper, or that no one has been willing to sue you for some reason. Possibly there are regulations to do with the disreputable timeshare industry in play. Just start researching it on the net and you'll find the right answers.
thanks again! i just check my credit report at trans union canada and equifax and nothing shows on there....not sure what to think about it!! any thoughts?
I think you are probably being harassed in an effort to collect on an un-enforcable debt, but I don't have enough info to say that for certain. Spend some time following my earlier advice. Your PROBABLE course will to be to send them a validation letter with a cease and desist letter to follow - but (1) the 30 day clock is ticking (2) do your homework or you can screw yourself. Neatness counts (so to speak).
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MB
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I had a Dorothey Perkins store card in 2005, i was sent the bill of £91.50 & paid it on time at Barclays Bank. I have the origional bill with the bank stamp & date as evidence. Nobody cantacted me until five years after paying this bill ? I've sent three photo copies of the bill along with letters explaining to Aktive Kapital about my situation to no avril... They harass me nearly every day with phone calls & letters saying i owe more money than the original bill.... I'm waiting now to hear from them. If you could give me any legal advice on what to do & say in my next letter to them next please that would be of much help to me as i'm at the end of my tether..
I'm assuming you are in the UK, since you reference Barclays and the amount of debt in British pounds, so most people on this site (including me,) being in the US, probably aren't up on British debt or collections laws. However you do seem to possess the trump card of an original bill marked "paid," by the bank. Being reasonable and constantly explaining why you don't owe isn't going to work. They couldn't care less if the debt is legitimate; they just want you to pay them. Perhaps their constant harassment is intended to get you to pay a "mere" £91.50 to end the irritation rather than pursue legal remedies, which they feel would cost you significantly more. But perhaps it would be better to consult a legal professional or debt councilor in order to determine your legal options, including bringing an action against them.
Ignore them. As long as you show credit they will call and not always with the honest amount. Have you tried blocking the number? You can do that through Bell and do not forget there are collection laws - includig times when they may call - here in Canada.
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Zeke
ACTIV INFORMATION:
130 Dufferin Ave., Suite 1001 London Ontario Canada N6A 5R2
Phone: 519-432-0075
e-mail: info@aktivkapital.ca
PERSONELL:
CANADA MANAGER: Rod Hooktwith rod.hootwith@aktivkapital.ca
SITE MANAGER: Jason Rolfe jason.rolfe@aktivkapital.ca
VICE PRESIDENT: Wayne Harlock wayne.harlock@aktivkapital.ca
SUPERVISOR: Dave Cochrane dave.cochrane@aktivkapital.ca
COMPLIANCE AND ETHICS: Terri Grey
***The company tries to collect very old debts that are past the statute of limitations, and are no longer legally collectible
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Consumer
"...they keep on phoning me and leaving automated VM to call back. They have never sent me a letter or any other info,..."
This is THEIR problem, not yours. But,, if I were you, I'd do a few things:
1. Contact your local AG. YOur AG will probably recommend some sort of mediation where they contact the debt collectors and manage the interaction between you and them but if they're criminals and scammers, you and your AG won't hear a thing back. Regardless, these jokers have 5 days to follow up this phone call, that is the very FIRST VM that you received, with something IN WRITING. This means that they have to send something to you, via the US mail - not email, that explains what they want from you and why they think they are entitled.
2. Because this sounds weird to me, I'd also file a complaint with the FTC. They probably won't do anything on your behalf but it's important for them to 'watch trends' so that they can pick their battles - they're extremely overworked and understaffed and they are not your personal legal team but when 'trends' add up, they do, in fact, go in for the kill.
If you do the above, you create a paper trail and you'd be surprised how much leverage this can buy you with these criminals.
What's telling in situations like this where everything seems to be conducted over the phone is this: the debt collector has some distinct advantages when it comes to a consumer standing up for themselves. Google 'motion capias debt collection' and this will give you some idea. The fact that this is all on the phone should be telling you something important. *That* something is that *nothing* is being put into writing. The first question to ask yourself is, "why is nothing in writing?" This should lead you to the possibility that this debt that they are seeking to collect is not yours, possibly not even a valid debt that ANYBODY owes.
Even if you think that there's a debt out there that you owe, the second question to ask yourself is this: Why can't they come up with specifics IN WRITING? Honestly, with all the advantages that these goons get from the legal system, you'd think that there'd be a law suit a second what with all the debt that all of those dead beats out there owe...but, there isn't. So, the third question that you ask yourself is, "Why isn't there?" I've got the answer. The answer is that all of that supposed bad debt doesn't exist.
If you cave to their demands without taking steps to protect yourself first, you'll be a victim and reinforce their 'sense of entitlement.' Right out of the starting gate, I'd recommend never answering the phone when they call. Force them to put their cards on the table: Do they have some legitimacy or are they just felons with enough pocket change to pay for a disposable cell phone?
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