Old Debt? Mackenzie Hall

Rambo-Rob

Hi
Rog2

Sent you a pm

RAS

Rambo

I have major problems with my pm - eveytime (well nearly) I try to get in it kicks me out of MSE altogether.

Can you post?

Rambo-Rob

thanks
will post tomorrow by recorded delivery

RAS

Registered post cost much less and it needs signing for.

More MSE?

rog2

Rambo-Rob wrote: »

Hi
Rog2

Sent you a pm

Saw it - sent you a reply - send the letter.

stev1er

Hi Guys,

Hoping someone can help me on this matter i have suddenly landing on my doorstep.
I have a FORMAL DEMAND in the post from BC&W regarding a debt i have with Aktiv Kapital Ltd for £920.90 with a reference to GE Capital (First National Tricity)
Firstly I have never heard of either of these people in the title.
Secondly I dont recall ever defaulting on a debt which appears to have originally started with GE or First National (the only credit I had with anything with "Tricity" in the name was with Lombard who wrote the debt off as the pc I bought was passworded and faulty (the supplier had gone out of business).
Thirdly, I havent had any new credit since before 2001 and havent received or acknowledged anything since the end of 2001 (when i moved out of my first house).

I have read about the 6 year rule but was looking for information regarding the way to contact them as I have heard that if i contact them i can reactivate the debt.

Should I ask for a copy of the original agreement or just copy and paste the letter at the start of this thread?

Any help would be much appreciated.

Thanks

Stephen

ps, letter copied out below

"Dear Mr R,

We have been instructed by Aktiv Kapital Ltd to recover an overdue debt, in the sum of £920.90 on their behalf.

Our clients have informed us that they are unaware of any legitimate reason for non-payment of their account and although they would prefer an amicable settlement, will not hesitate to commence Legal Proceedings if necessary.

Please call our 24 Hour Payment Line immediately on 0871 700 **** to make payment by Credit or Debit Card. Payment is also accepted online at www.paybcwonline.com

Should there be any matter that you would like to bring to our attention or if you wish to discuss your financial circumstances in relation to the debt,please call us immediately.

rog2

stev1er wrote: »

I have a FORMAL DEMAND in the post from BC&W regarding a debt i have with Aktiv Kapital Ltd for £920.90 with a reference to GE Capital (First National Tricity)
I have read about the 6 year rule but was looking for information regarding the way to contact them as I have heard that if i contact them i can reactivate the debt.

Should I ask for a copy of the original agreement or just copy and paste the letter at the start of this thread?

Any help would be much appreciated.

Thanks

Stephen

ps, letter copied out below

"Dear Mr R,

We have been instructed by Aktiv Kapital Ltd to recover an overdue debt, in the sum of £920.90 on their behalf.

Our clients have informed us that they are unaware of any legitimate reason for non-payment of their account and although they would prefer an amicable settlement, will not hesitate to commence Legal Proceedings if necessary.

Please call our 24 Hour Payment Line immediately on 0871 700 **** to make payment by Credit or Debit Card. Payment is also accepted online at www.paybcwonline.com

Should there be any matter that you would like to bring to our attention or if you wish to discuss your financial circumstances in relation to the debt,please call us immediately.

Hi Stephen - first of all both AK & BCW are nothing more than 'debt collectors' (and pretty much the worst example of that questionable 'profession').

Do NOT be intimidated by the 'legal' tone of their letter - it is up to them to prove the existence of any 'enforceable' debt.

By the look of the date - any 'debt' owed to Lombard Tricity would indeed be statute barred, and therefore unenforceable through the courts, by now:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

If you look at that link, you will find a template letter that, normally, I would advise you to send to BCW. However, in this instance, I would advise that you send BCW (by recorded/signed for delivery) the 'prove it' letter that you will find in post 3 of the following thread:

http://forums.moneysavingexpert.com/showthread.html?t=963087

To be on the safe side, I would preface the letter with the following sentence:

"I acknowledge no debt to your company, or to any organisation that you claim to represent"

bbcake

5 years ago I took out a car finance loan for a so called ex friend with Black Horse Finance, she made regular payments but defaulted on them a year into the payments in 2004. BH stayed in contact with me until late 2006 demanding payments, which I never paid and due to my circumstances they offered to write off the debt, this wasn’t done in writing though but via email through one of their representative who came to visit me at my house. Never heard from BH for almost a year later when they came back demanding payment in early 2007, got CAB onto them explaining my financial situation, suffer from a back injury from work is unable to work plus was pregnant, but BH ignored the CAB letter and decided to send my details to these idiots MH.

Since 2008 MH have been threatening me with court action, but a year later haven’t fulfilled their action, MH keeps sending me letters and calling, to which I have ignored all, I received another call from MH today asking me to call them, I know I wont call them as they are such rude so and so, but I am tempting to send them an email informing them if they want to take me to court , which they have threatened to do for the past year and haven’t, they can do so, as I don’t mind the court deciding my faith, especially as I have no income and still suffers from this back injury which was made worst from my recent pregnancy and I wont be going back into employment any time soon, and so wont be able to make any payments any time in the near future, plus my husband been made redundant from his job and finance is very limited.
Should I get in contact with them, or should I still ignore them

rog2

bbcake wrote: »

Should I get in contact with them, or should I still ignore them

First of all, go back to CAB - tell them that MH have chosen to ignore their letter, in direct contravention of the OFT guidelines on Debt Collection:

http://www.oft.go.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

Do NOT contact MH until you have spoken with CAB.

Sunny_Donny

rog2 wrote: »

Hi SD - To be honest - it doesn't really matter whether Cabot continue to 'request the information from the original creditor' or not. They (Cabot) have been unable to provide you with the cca within the legally prescribed timescale and can, no longer, pursue your OH for this 'debt'.
You do NOT need to request the cca from the original creditor - you requested it from Cabot - If they could not do their job, then why should you try to do it for them?
If you have sent them the 12+2+30 day letter, it is obvious that they have now comitted a criminal offence and should be reported to TS at least.
Although you are under no obligation to reply to them, perhaps you could send them a short 'note' along the following lines:

"Dear Curs (perhaps that should be 'Sirs' - I am lousy at spelling :rolleyes: )

Ref. Account no.......................

I/we acknowledge no debt whatsoever to your company, or to any company that you claim to represent.

I wrote to you on xx.xx.08 to inform you that, since you have been unable to provide me with a true copy of the consumer credit agreement, relating to the above account, as per your legal obligation under the terms of the Consumer Credit Act, 1974, that you have, now, comitted a criminal offence, and that I would be reporting your actions to the relevant authorities.
You appear to have ignored my letter, a copy of which I enclose. (enclose copy of your 12+2+30 dy letter)
I inform you that I have reported your breach of the terms of the Consumer Credit Act to those relevant bodies, and that any further communication from yourselves, other than to say that the matter is now closed, will be treated as criminal harrassment and reported to the Police.

Yours Sincerely."

Hi Rog
They must be desparate for money. OH had another letter today from Cabot stating that
"further to your request for information under the CCA, we are pleased to enclose with this letter all relevant information
Cabot and the original lender have now completed the relevant obligations under the CCA and as a result Cabot is entitled to resume collections of the outstanding balance of £"

Do I resend the above letter or can you compose another extraordinary missive!!!

Love
Sunny D