Aktiv Kapital (UK) - Who Are They?

herbiecostello · 6 February 2009 at 11:17AM

BLACK HORSE LTDAccount type:Hire purchase/Conditional saleStarted:29/10/2001Default Balance:£7,099Current Balance:£7,099Repayment Period: Monthly Payment: £256 over 54 months Defaulted On:22/12/2003File Updated for the Period to:09/11/2008
no record of ge capiatl account on credit histiry. have def not made payment since 1999 and no written acknowledgement of debt, but this above one crooped up, never been chased for it

GeorgeUK · 6 February 2009 at 12:23PM

If you have made no payments for 6 years then it will be statute barred. There are template letters on the nationaldebtline site that you can send to them. If they phone, ask them if this is the statute barred debt - hopefully they will get the message that you are aware of your rights and know you do not need to pay this.

As long as there is not a CCJ against the debt then i think you will be okay. This would probably have showed up on the credit report so i wouldn't worry about that.

ouija · 6 February 2009 at 1:02PM

Hi,

Great info here and thanks to everyone who has posted.

I was recently contacted by Aktiv Kapital about a debt of around £600. Because the original creditor was GE Money, I stupidly mistook this for one of my current credit cards and stopped a direct debit. I also set up a £20 per month debit to Aktiv Kapital to which I have made one payment.

I have cancelled the direct debit since googling Aktiv Kapital and stumbling across this thread.

I've checked the letter templates people are posting and I was about to send one off, but I'm not sure which to use.

Like I said, I've made one payment of £20 but I also know the only possible debt this could be regarding is about 7 years old, one I was never contacted about since moving back from University.

I've just signed up to Experian for a credit report and don't see the account on my report at all.

Oh, I live in Scotland by the way.

Thanks for reading.
Any advice will be greatly appreciated.

GeorgeUK · 6 February 2009 at 2:07PM

Send the Scottish Statute barred letter from the nationaldebtline site to whoever is chasing you for payment. If no payments have been made for 5 years and you have not acknowledged the debt in writing, the debt is statute barred. Making a payment should not alter that.

ouija · 6 February 2009 at 3:03PM

Well nothing was agreed in writing, only over the phone. So presumably that means I still haven't ackowledged the debt?

Thanks for the help

Ricky38_2 · 6 February 2009 at 3:04PM

Hi George,

I went to my debt advisor this morning for an "update chat "
I told him I had been looking on the web and through the
information on the 5 year statute barring rule I told him I
was intending to send some of the statute barred letters to
some of my creditors as more than 5 years had elapsed since
my last payment and I hadn't acknowledged the debts till Feb 2008.
He said that this advise was utter rubbish.
He said that all the creditor has to furnish is a letter to me at my home address in that 5 years seeking payment ( even if I didn't receive it ) he says that in his experience under Scottish law
any sherriff would uphold this as still active and therefore the debt would still be pursueable.
You can see what I'm up against!

Ricky.

RAS · 6 February 2009 at 3:17PM

Ricky38 wrote: »

He said that all the creditor has to furnish is a letter to me at my home address in that 5 years seeking payment ( even if I didn't receive it ) he says that in his experience under Scottish law any sherriff would uphold this as still active.

Ricky.

Hi

You need to speak to coolcait or NDL or CCCS in Scotland.
Certainly in England the scenario you are suggesting would not be proof of acknowledgement. In England and Wales, it requires the debtor to write to the creditor and ackowlegde the debt. So a letter starting "I do not acknowledge any debt to your company" is OK.

However we gets loads of people on here who have been told much the same as you but solicitors and finaical advisors, and debt collection agencies.

Will try and check the NDL site for you.

RAS · 6 February 2009 at 3:21PM

Ricky

Unless NDL are talking boolocks, your debt advisor is talking boolocks.

See http://www.nationaldebtline.co.uk/scotland/factsheet.php?page=23_prescription_and_limitation_act

Quote below.

You can argue that the creditor is out of time or 'statute barred' from taking you to court for this debt: if

the creditor has not already obtained a decree against you; and
you or anyone else owing the money (on a debt in joint names) have not made a payment on the debt during the last five years; and
you have not written to the creditor admitting you owe the debt during the last five years.

GeorgeUK · 6 February 2009 at 3:43PM

Ricky, who is your debt advisor?
(Solicitor, CCCS, Payplan, CAB?)

6 Extinction of obligations by prescriptive periods of five years
(1)If, after the appropriate date, an obligation to which this section applies has subsisted for a continuous period of five years—
(a)without any relevant claim having been made in relation to the obligation, and
(b)without the subsistence of the obligation having been relevantly acknowledged,
then as from the expiration of that period the obligation shall be extinguished:
Provided that in its application to an obligation under a bill of exchange or a promissory note this subsection shall have effect as if paragraph (b) thereof were omitted.

How i read this is if you haven't acknowledged a debt for 5 years (acknowledgement would be making an offer of payment in writing or making a payment towards the debt) and they haven't enforced the debt through the courts then no court action can now be taken and you have no obligation to pay the debt.

Ouija - i would say that as the debt had been statute barred, because you have made a payment, the status of the debt has not changed. It is still statute barred.

rog2 · 6 February 2009 at 3:47PM

Ricky38 wrote: »

He said that all the creditor has to furnish is a letter to me at my home address in that 5 years seeking payment ( even if I didn't receive it ) he says that in his experience under Scottish law
any sherriff would uphold this as still active and therefore the debt would still be pursueable.

'Debt Advisor'

Ricky - I can only second what RAS has said. Unless the 'debt' is property related - in which case a letter from the creditor to the debtor can be accepted as 'proof' of acknowledgement - then the 'acknowledgement' must be not only in writing but from the debtor to the creditor/dca.

May I ask if your 'Debt Advisor' works for one of the Debt Counselling Charities or a Private 'Fee Charging' company?

Aktiv Kapital (UK) - Who Are They?

Comments

Categories

Get our FREE Weekly email full of deals & guides - and it’s spam-free