Collection Agencies - Aktiv Kapital please advise - Canada

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RE: Aktiv Kapital please advise

Postby Frizzco » Wed Dec 22, 2010 08:55:26 AM

So I am now going to mediation court in Saskatchewan. They sued 1 monnth before they think it was 6 years stats barred. According to my lawyer she feels it is stats barred but we have to go to mediation to get it dismissed. So they are costing me money on a lawyer and hopefully it can get dismissed
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RE: Aktiv Kapital please advise

Postby Frizzco » Thu Aug 05, 2010 08:10:47 AM

Guess what? I have a process server, serving me with documents from a large law firm in Western Canada and supposedly representing Aktiv. I do not have the exact details yet. I have told them to deliver the documents to my lawyer. Must be getting close to SOL.
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RE: Aktiv Kapital please advise

Postby Frizzco » Wed Jun 16, 2010 11:07:23 AM

So now...I live in a small saskatchewan town. I get a call from our town office asking if they could give out information concerning ownership of my home. Aktiv called and asked for this information and the town office said they would not due to the privacy act. They are calling my work also and somehow got my cell number.

any advice, should I just ignore.
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RE: Aktiv Kapital please advise

Postby Ottawa_Chap » Wed Jun 02, 2010 08:11:38 AM

Infuriating one C/A at a time..
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RE: Aktiv Kapital please advise

Postby Frizzco » Wed Jun 02, 2010 07:15:08 AM

I am from the province of Saskatchewan. Still unsure of the Statute of Limitations or Stats Barred rules here if someone could help me out.
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RE: Aktiv Kapital please advise

Postby Ottawa_Chap » Tue Jun 01, 2010 03:28:26 PM

Friz,

Which province are you from? If it's Ontario go here and D/L my Cease and Desist template. Just update the first line to read: "Pursuant to my rights under ONTARIO REGULATION 103/06," as the act was updated.

http://www.docstoc.com/docs/16640811/Cease-and-Desist-template-letter-for-Ontario-residents

O.C.
Infuriating one C/A at a time..
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RE: Aktiv Kapital please advise

Postby Frizzco » Tue Jun 01, 2010 01:58:47 PM

After all this time they are now phoning my place of employment. What do I do with this now? Also they got my cell phone number from somewhere. They sent a few letters with deals to be made and I have ignored them all. Any thoughts?
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RE: Aktiv Kapital please advise

Postby Raymond » Thu Oct 23, 2008 12:26:27 PM

It's a good idea to keep that letter to prove that they knew your proper address in case they ever try to sneek through a default judgment by deliberately mailing it to the wrong address.

I'm not sure if you need to spend any money on a lawyer at this stage. It'll be coming up for stats barred status in 2010.

Make sure any written correspondence you or your agent sends them is NOT signed, nor does it acknowledge the debt, even if it's just to refuse payment.

That's because, signed written acknowledgments of debts can renew the limitation period even if they don't contain a promise to pay.

As a debt comes up for stats barring, often, debt buyers and student loan collection agents, will mail out various forms to trick the person into signing and returning them so as to at least renew the limitation period. Even if they can't get a payment now, there's always the prospect of recovery at a much later date with additional accumulated interest.

Thus, it's best to keep all correspondence to the telephone. If one has to reply in writing, it's preferable to indicate that you disavow ownership of the debt to legally protect yourself. Later on, for moral reasons, you can negotiate a settlement for 5% or 10% should you decide and be able to.

Ray
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RE: Aktiv Kapital please advise

Postby Frizzco » Thu Oct 23, 2008 12:06:20 PM

They know where I am. One from the original unsuspecting phone call that my kids answered and two from the letter I just recieved. I have a lawyer that I contacted but not heard from as of yet.
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RE: Aktiv Kapital please advise

Postby Raymond » Thu Oct 23, 2008 11:58:14 AM

Well, like I told you in my Oct.3 post, the new 2 year limitation period didn't get inaugurated in Saskatchewan until May 1, 2005. All debts that went into default before that date were grandfathered with the 6 year rule. As yours was originally defaulted on during 2004, it falls into this category.

AktivKapital isn't big on suing people, but it does happen as was the case with ARO (another debt buyer) and blogger, KatintheHat from BC. I don't know anything about the details of the debt or your circumstances, so I can't hazard a guess as to whether or not they will sue.

However, since the original creditor didn't consider it worth suing over even after sending it to two 3'rd party collection agencies, the probability is greatly reduced.

Still, if you look at 2 your credit bureau files, you will likely see hard inquiries from Aktiv Kapital sizing you up as a meal prospect. I have no way of knowing what they found or decided upon. Irregardless, I would be very leery of them trying to sneek through a default judgment like what happened to KatintheHat, from BC, yesterday. Thus I would make sure they knew where to find me even if I made it clear to them they weren't going to get a dime. Nonetheless, a favourite collection agency trick is to deliberately send court documents to a wrong address.

Ray
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