Aktiv Kapital (UK) - Who Are They?
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file_wizzard wrote:Don’t bother sending that unless you intend to settle the matter.
The debt is now technically statute barred as it has been in excess of 6 years since the last payment / acknowledgement of this debt
Therefore unless you chose to pay it no further recover action can be taken by Wescot.
You need to decide if you feel a moral obligation to repay this as the legal obligation is now expired
Try the following letter
Name of Creditor
Address of Creditor
WITHOUT PREJUDICE
Dear Sir/Madam
Re: Account No/Reference No:
No debt is acknowledged to you. You have contacted me regarding the account with the above reference number, which you claim is owed by myself.
I would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”.
The last correspondence/payment/acknowledgement of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.
I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.
I look forward to your reply.
Yours faithfully
(Your signature)
Blimey you dont realise how much you have helped us - we too have had a letter from wescott today for a catalogue dept that my partner had 11 years ago at a previous previous address, we contacted them to ask what it was about as it had no reference on the letter as to what the debt was for, they told us that we had to pay it even though no contact had been made for 11 years (they said they couldnt find my partner despite him being on electrol register for 4 years here with me) I will use this template right away for our reply to westcott thank you again0 -
I am thinking I might just make an offer of payment at least that way i can rest easy that no one will knock on my door0
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sharonpoole wrote:I am thinking I might just make an offer of payment at least that way i can rest easy that no one will knock on my door
:eek: Well it's your dilemma.....and what you are comfortable with.....But seriously.....in light of the advice given on these pages I would suggest that by doing that you are bowing to their pressure. Paying the debt through fear of their demands is exactly what these vultures rely on....standing firm and sticking to your guns is the only way to beat the b******s!! (excuse my French!..)
These companies earn mega bucks by harrassing people hoping that 9 out of 10 will cave in and pay a debt that is usually either unenforcable due to the 6 year rule....or they do not have enough documentation and proof to pursue anyway.....more worryingly....they often make their money by collecting debts that have been cleared but mistaken or frightened consumers without documentary evidence to prove the debt is paid will pay again in order to stop the harrasment!!....stand firm girl and heed the advice given previously....but it is your choice at the end of the day....and whatever you can live comfortably with. Hope you get it sorted soon....Regards!!0 -
Thanks I called the national debt helpline in the end and they advised me to send them the letter quoting the statute barred/6 year thing . So i did that and received a letter from them today saying that with reference to my letter they will make investigations and get back to me when that is done . whatever that means0
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thanks for this thread.Ive had stuff recently from AK and westcot.
much appreciated folksEvery day above ground is a good one0 -
Active Kapital made contact with me and used other agencies to try and retrieve monies owed alot more than 6 years. I sent them both letters stating that I do not acknowledge the debt and asked to see an original credit application with 30 days. They have replied stating that they will contact the original creditor and get back to me within 30 days. Surely this is not possible? Has anyone ever had a debt collector tell you this and then actually come up with the orginal agreement? Thanks :mad:0
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Has anyone else had dealings with Aktiv Kapital i would be intrested to read the outcomes of your stories ?0
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Has anyone else had dealings with Aktiv Kapital i would be intrested to read the outcomes of your stories ?0
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Has anyone else had dealings with Aktiv Kapital i would be intrested to read the outcomes of your stories ?0
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Has anyone else had dealings with Aktiv Kapital i would be intrested to read the outcomes of your stories ?0
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