We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Is this too good to be true?

24567

Comments

  • My father has been paying £1 a month for ages due to low income
  • RAS
    RAS Posts: 36,712 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    What was the debt for? If it was a CC, loan or catalogue, have you sent a CCA request, asking for the documents to prove that Ak are legally entitled to pursue him for the debt?
    If you've have not made a mistake, you've made nothing
  • maxriz
    maxriz Posts: 21 Forumite
    RAS wrote: »
    Hi guys

    AK buy statute barred debt and debt that is not legally documented. The only reason I can see for these offers is that AK know they have no legal basis for enforcing the debt.

    Before you give them anything you need to check the following

    1,. If you have not paid anything towards the debt in the last 6 years (sorry maxriz), or ackowledged it in writing, then it is statute barred. Once you tell them that you are not paying, then they cannot pursue you for the debt, unless there is a CCJ on the debt. This applies if there was a 6 year period at any time, even if you are now paying.

    2. You need to demand the signed CCA for any debt that relates to credit cards, catalogues or loans. If they do not produce the CCA, they cannot enfoce the debt in the courts and you do not have to continue paying.

    Please note that if you have not been defaulted on the debt, they might register a default, but if your credit record is shot already, there is nothing to stop you.

    So do not pay until you know your legal rights and have used them.

    Hi RAS and thank you for your contribution.

    I think what you are saying to me is that because I have made payments on the debt and there is no 6 year gap I have to take on the responsibility of the outstanding amounts. For me to pay this in full would take decades and therefore the opportunity offered to me is one I should take advantage of. Am I correct?

    Also for me and others "tuning in" could you explain what a CCA is, where it comes from and what it does?

    Once again thanks for your time an expertise which I hope was gained professionally and not through experiencing the nightmare that is DEBT!!
  • I also would like to know what a CCA is, I am now concerned as I paid the £150 my father has been paying Thames Credit for years now and no one else has ever chased the debt. I believe it was for a Barclays CC
  • one of mine was originally for a River Island card, which I would have taken out in about 2000, I have always maintained regularly payments on all my debts, but never as much as i'm sure they would have liked. I have about £18k in outstanding debt, and two with AK, which come together are about 3k (I got a letter today for the second debt, they want 30% for this one) I have a number of defaults, but none in the last 3 years, so would rather not have one again, and if i can clear a large amount of debt then that would obviously be good.
  • skintas_2
    skintas_2 Posts: 1,679 Forumite
    good luck with what you do x
    i will be debt free, i will
  • RAS
    RAS Posts: 36,712 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hi

    Original CCA request letter to be sent registered post with a £1 postal order for debts originating from loans, CCs and catalogues. Does not apply to bank accounts nor to most mobile phne contracts. Print do not sign your letter.

    Quote:
    Dear Sir/Madam

    Re:− Account/Reference Number 4563210025897412

    I do not acknowledge any debt to your company.

    With reference to the above, we would be grateful if you would send us a copy of this credit agreement, statement of account and notice of assignment.

    We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

    We understand a copy of our credit agreement should be supplied within 12 working days.

    We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

    We look forward to hearing from you.

    Yours faithfully

    AK have 12 working days plus 2 to allow for postage in which to respond with the signed CCA.

    Once they have signed for the letter, the debt is in dispute and without the documentations they cannot take you to court.
    If you've have not made a mistake, you've made nothing
  • My girlfriend has also received one of these letters from Aktiv. They are offering 30% to clear a £14k debt. Initially I told her to jump at the chance but seeing settlement figures on here as low as 10%, I've told her to haggle! When she first spoke to them, she offered them 25% but they declined and gave her until the end of the month to come up with the money. I'm guessing that as she currently pays approx £50 per month to them, they think she is capable of paying more than clients who are only able to afford £1 per month. Has anyone managed to haggle with them and get the settlement figure down?
  • My dad has been offered £150 for a 14K debt. Don't know whether to pay it as he has asked me to do.
  • jackit
    jackit Posts: 42 Forumite
    RAS wrote: »
    Hi

    Original CCA request letter to be sent registered post with a £1 postal order for debts originating from loans, CCs and catalogues. Does not apply to bank accounts nor to most mobile phne contracts. Print do not sign your letter.

    Quote:
    Dear Sir/Madam

    Re:− Account/Reference Number 4563210025897412

    I do not acknowledge any debt to your company.

    With reference to the above, we would be grateful if you would send us a copy of this credit agreement, statement of account and notice of assignment.

    We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

    We understand a copy of our credit agreement should be supplied within 12 working days.

    We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

    We look forward to hearing from you.

    Yours faithfully

    AK have 12 working days plus 2 to allow for postage in which to respond with the signed CCA.

    Once they have signed for the letter, the debt is in dispute and without the documentations they cannot take you to court.


    Can you just send a cheque for £1 or does it have to be a postal order?
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 354.8K Banking & Borrowing
  • 254.6K Reduce Debt & Boost Income
  • 455.6K Spending & Discounts
  • 247.7K Work, Benefits & Business
  • 604.7K Mortgages, Homes & Bills
  • 178.7K Life & Family
  • 262.3K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.