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Aktiv - statute barred Scotland
belcam
Posts: 56 Forumite
I have a debt of c.£4500, originally a Morgan Stanley card. Aktiv, I think that's what they're called, sent me a letter offering to allow me to clear the debt for £1700. I haven't made a payment for at least 6 years, however, when I changed address in 2008, I wrote to them informing them of my new address. I have heard nothing since. I was told that if you acknowledge them, that this meant you were admitting your debt. Is this true? I only told them of my new address, I did not admit to the debt. I am in Scotland, can anyone advise me?
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Comments
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If you didn't acknowledge or pay anything, it should be Statute Barred - especially in Scotland where the debt is extinguished after 5 years.0
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Is merely writing to them advising them of a change of address, having received a payment offer of £1700, seen as acknowledging the debt. I only provided them with my new address so as to figure out what should be done regarding their claim for payment.If you didn't acknowledge or pay anything, it should be Statute Barred - especially in Scotland where the debt is extinguished after 5 years.0 -
probably why they are offer such a good discount.0
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The OFT document
Debt collection'
OFT guidance for all businesses engaged in the recovery of consumer credit debts
July 2003 (updated October 2011)
statesB.4 The Prescription and Limitation (Scotland) Act 1973 regulates the extinction of a right arising from the abandonment or long neglect to exercise or enforce that right. If a debt has subsisted for a continuous period of five years:
• without any 'relevant claim' having been made, and
• without the subsistence of the debt having been 'relevantly acknowledged'
then, as from the expiry of the five years, the debt is extinguished.
It then helpfully defines that term:A relevant acknowledgement will normally be made by performance of the debtor (or his representative). For example, by making payments or by making an unequivocal written admission clearly acknowledging that the obligation still subsists.
Given the low initial offer by AK I think we can say that they believe this is already statute barred.
If they did want to contest things, it would hinge on the wording of your 2008 letter.0 -
Thanks, a very helpful reply.The OFT document
states
It then helpfully defines that term:
Given the low initial offer by AK I think we can say that they believe this is already statute barred.
If they did want to contest things, it would hinge on the wording of your 2008 letter.0 -
My letter, if I remember correctly, simply said; "Please note my new address as above." I didn't make any reference to the debt apart from the ref. no given. I have not heard from them since 2008.0
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... I think we can say that they believe this is already statute barred.
I don't think they're going to put up much of a fight if you send the letter in this factsheet:
Factsheet | Liability for debts & the Prescription & Limitation (Scotland) Act 19730 -
its important to remember that if its gone beyond 5 years you don't owe the money any longer. as secondary question if the debt dies at 5 years then surly any default should go as well.0
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Not sure of default dates until I get a credit report but can someone tell me, having recently realised that I did indeed acknowledge the debt in writing twice in 2008/2009, what the position would be in Scotland if the debt had become statute barred BEFORE I acknowledged it. Once it becomes statute barred, is it not the case in Scotland that the debt becomes unenforceable? Would that negate my acknowledgement?0
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Not sure if Scotland is different to the rest of britain, but once 6 years pass its statute barred providing there is no court order on the debt. So if you acknowledge it after it makes no difference. Can you tell us from when the debt was from, and the last time you acknowledged it prior to 2008/2009Excel Parking, MET Parking, Combined Parking Solutions, VP Parking Solutions, ANPR PC Ltd, & Roxburghe Debt Collectors. What do they all have in common?
They are all or have been suspended from accessing the DVLA database for gross misconduct!
Do you really need to ask what kind of people run parking companies?0
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