Aktiv Kapital: The Continuation UPDATE

Vagabond_UK

Further to this thread, i today received a letter from Wescot who are handling the account, in reply to a letter i sent which was kindly provided by members of this board.

It reads...
"We acknowledge that you have raised a query on this account and we would like to confirm to you how this will be investigated.

We will suspend all collection activity on the account while the matter raised is under investigation. This means that we will not write to you, or telephone you in pursuit of the account whilst it is being investigated..

However we may need to contact you if we require further details or wish to clarify ant information that you have provided to us.

As our investigation of your query will require us to contact our client, this process may take several weeks. We would appreciate your patience during this time.

Upon concluding our investigation, we will contact you again."

In addition, i've also today received copies of my credit report from both Equifax & Experian and there is NO mention of this account anywhere on either report.

So folks, whats my next move? Sit back and wait? Seems to me that they're clutching at straws now.

file_wizzard

Rather shockingly the letter they have sent you would suggest that they are attempting to comply with the OFT guidelines that Wescot and Thames ( Aktiv ) + numerous others have previously had a direct input into formulating.

During 2003 a questionnaire was sent out to a large list of creditors / DCA’s by the OFT which sought opinions on a number of pre-defined questions.

Subsequent to this the OFT issued a new set of guidelines for the Creditors / DCA’s to comply to.

It would seem that someone is shaking their tree at present and they don’t really feel like getting a large amount of complaints about their recovery practices made to the OFT, who in theory have the power to revoke their Consumer Credit licence.

In respect of your individual case, yes sit back and wait to see if they can substantiate the claim.

EDIT: Just looked back on the original post, this debt was from the mid 90's ? so surely it is statute barred anyway, probably explains why it is not showing on your files as the end date of the agreement is over 6 years ago ?

Harassed_2

Exactly, statute barred. Aktiv Kapital are fond of chasing this type of debt. You could send Aktiv a copy of this 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)

http://www.lawcom.gov.uk/docs/cp151apa.pdf

Nicky_3

The debt is statute barred if you have not had any correspondance regarding this account since 1998. In this case, all you need to do is inform the creditor that you will not be making any payments on this account and any further contact from them will be considered as harrassment.

Once a debt is statute barred and you inform the creditor that you will not be paying it, they are no longer able to pursue you for the debt.

Vagabond_UK

Update

Well, it took a while but today i received a letter from Wescot about this matter. It reads...

"Thank you for your patience whilst we investigated the enquiry that you raised with regard to this account.

We can confirm that as a consequence of the query you raised, the above account has been returned to our client.

WHAT DOES THIS MEAN?

- We have closed the debt on our computer system and returned the account to our client.

- No further action will be taken by Wescot Credit Services Ltd to recover the above account."

Take that, suckers!

So there you go. If you are ANY doubt at all about the validity of any debt, it is worthwhile challenging the system!

Harassed_2

If you are ANY doubt at all about the validity of any debt, it is worthwhile challenging the system!

Exactly. Especially if parasite debt-buyers are involved.

TAZ

Kevinho. i posted on one of these posts about this company, my letter was about a debt that was paid in full the same year it had been taken out so the carp you posted in your last post doesn't relate to me, i had no debt with them they came after me for money not owed so how do you explain that one !

Harassed_2

Kevinho_Green wrote:

There is no conspiracy!!!! It's a very sad time we all live in, having to share air with you muppets!!!

IGNORE ALL POSTS BY THIS TROLL.

Aktiv Krapital are obviously having a hard time! Using troll tactics, tsk, tsk.

Never mind, start obeying the law, and you won't get such bad press.

Percy_Vere

Harassed wrote:

IGNORE ALL POSTS BY THIS TROLL.

Aktiv Krapital are obviously having a hard time! Using troll tactics, tsk, tsk.

Never mind, start obeying the law, and you won't get such bad press.

Well I have nothing to do with Aktiv and I think he does have a point. Asking the dca to provide copies of agreements, statements etc when you do not dispute the debt is nothing more than debt avoidance.

What other possible motive can you have for those actions ?

Harassed_2

Well I have nothing to do with Aktiv

But you are a debt collector. Read the original post, the debt is STATUTE BARRED.

Percy_Vere

Harassed wrote:

But you are a debt collector. Read the original post, the debt is STATUTE BARRED.

Well you think that but you don't know and with the greatest respect I did not comment on whether the debt was statute barred.

Feel free to answer my question anytime soon !