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Please Help My Wife
aka666
Posts: 125 Forumite
hi all first post so hope i,m doing this all right great forum by the way,,,7 years ago me and my girlfreind wonted to buy a house,so we went to a credit check had a couple of things outstanding paid them all, and finally got our house,got on with our lives bought a nice car got credit cards and got marryed got a loan done house nice kids now starting to leave 
,,then this had a letter from aktiv kapital first investment ltd,saying my wife owes them 3000 pound,, phoned them up, gets a nasty little man who says he is now freezing our acount so no more interest goes on there he said me own them all that cos there is 10 years interest, i will be going to cab but any advice you can give me. thxs all
,,then this had a letter from aktiv kapital first investment ltd,saying my wife owes them 3000 pound,, phoned them up, gets a nasty little man who says he is now freezing our acount so no more interest goes on there he said me own them all that cos there is 10 years interest, i will be going to cab but any advice you can give me. thxs all 0
Comments
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hi all been reading your wicked forums,,,can i use this,,, be statute barred and unenforcable in court0
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Hi and welcome, you might be better putting this on the debt-free wannabee board as they are a mine of information there and also more people will see it.(AKA HRH_MUngo)
Member #10 of £2 savers club
Imagine someone holding forth on biology whose only knowledge of the subject is the Book of British Birds, and you have a rough idea of what it feels like to read Richard Dawkins on theology: Terry Eagleton0 -
Definitely nip over to Debtfree wannabe nicer bunch of people you couldn't wish for
But yes if the debt has been sat for 10 years - so she has not paid anything or acknowledged the debt in 10 years then it's statute barred and they will not be able to enforce it. The Debt Free peeps will be able to tell you more about this I have no doubt but best of luck DFW Nerd #025DFW no more! Officially debt free 2017 - now joining the MFW's!
My DFW Diary - blah- mildly funny stuff about my journey0 -
tine wrote:Definitely nip over to Debtfree wannabe nicer bunch of people you couldn't wish for
But yes if the debt has been sat for 10 years - so she has not paid anything or acknowledged the debt in 10 years then it's statute barred and they will not be able to enforce it. The Debt Free peeps will be able to tell you more about this I have no doubt but best of luck
send this letter to them:Your NameCompany Name
Address Line 1
Address Line 2
Address Line 3
Postcode
Address Line 1
Address Line 2
Address Line 3
Postcode
XX January 2007
Dear Sir/Madam
I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY
Re:− Account/Reference Number XXXXXXXXXXXXXXX
With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.
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 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
They have 12 working days to supply the agreement, if they do not then they have defaulted, they then have a further calender month to supply this agreement and apply to the courts to be able to collect (not a CCJ) if they do not provide the agreement after the 12+30day period they have committed a criminal offence and the debt is then unenforceable.
If they do provide the credit agreement and it is as expected more than 6 years since any payments have been made on the account, or since the debt was last acknowledged, then write to them stating that under the Limitations Act 1980 they are unable to enforce the agreement, and that again you do not acknowledge any debt to them.0 -
ok thxs guys pls move it there for me and thx you0
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malcindebt wrote:send this letter to them:Your NameCompany Name
Address Line 1
Address Line 2
Address Line 3
Postcode
Address Line 1
Address Line 2
Address Line 3
Postcode
XX January 2007
Dear Sir/Madam
I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY
Re:− Account/Reference Number XXXXXXXXXXXXXXX
With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.
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 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
They have 12 working days to supply the agreement, if they do not then they have defaulted, they then have a further calender month to supply this agreement and apply to the courts to be able to collect (not a CCJ) if they do not provide the agreement after the 12+30day period they have committed a criminal offence and the debt is then unenforceable.
If they do provide the credit agreement and it is as expected more than 6 years since any payments have been made on the account, or since the debt was last acknowledged, then write to them stating that under the Limitations Act 1980 they are unable to enforce the agreement, and that again you do not acknowledge any debt to them.
For them to supply a copy of the credit agreement are you not supposed to send a postal order or cheque for £1? This is the first time i have seen this posted without a mention of the £1 fee.0 -
Statute gives 6 years to enforce a contract doesn't it, as this would be, unless secured on property when it could be 12 years. If its unsecured and not been acknowledged in the past 10 years (could your wife have acknowledged it without letting on to you??) then it has to be out of time and they might just be trying it on.0
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There is nothing in the OP to say if they have acknowledged or paid anything to the loan in the past years only that there is 10 years interest on it.
By phoning the company they have acknowledged the debt as they would if they send the above letter.0 -
sounds very fishy to me, don't give them anything unless you know who they are for definent as they could be anyone, even a scam.
Pls be nice to all MSer's
There's no such thing as a stupid question, and even if you disagree courtesy helps.
Tomorrow never come's as today is yesterday and tomorrow is today
MERRY CHRISTMAS FELLOW MSer's:xmastree:0 -
we had a surprise like that 11years and 6 months after hubby and his ex gave a house back to mortgage company...they claimed £3000 off my hubby coz they didnt know where his ex lived..(i soon informed them of her current address!!)..but we cocked up by phoning them and saying we didnt have that sort of money,and they then offered to take £900 and close account there and then.This was Eversheds the solicitors.If we had ignored acceptance of the letter for 6 more months we wouldnt have had to pay anything to them,it is a 12 year thing on property.TO FINISH LAST, FIRST YOU HAVE TO FINISH....0
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