aktiv kapital

the_one2

hi i would like some advice please, ive had a letter from aktiv kapital saying they have bought the interest on a debt i owe to ceation finance. i know for sure this is a very old debt and is statue barred. i had advice from the cab when i had a letter from thames credit saying i needed to phone them as they had bought the debt,cab told me to ignore it as they were more than likely trying it on, i did ignore it and ive now had this new letter from aktiv saying they are part of the same company and i need to pay the outstanding balance of £187. does anybody know what they mean when they say they have bought the interest on the debt? the letter reads- 'aktiv kapital first investment ltd has bought the interest of ge capital (ex creation finance ltd) in the debt that you owe them under the agreement'. i cant figure out what they mean so any clarification on what they are telling me would be great.

many thanks.

fermi

By "interest" they probably mean "right to collect" any outstanding balance.

If the debt is statute barred, then just send them this by recorded delivery.

1 High Street,
Newtown,
Kent
R21 4RH
Date

The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG

I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

Dear Sir/Madam

Account No:

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

I/we 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".

I/we would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

The last correspondence/payment/acknowledgement or payment 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/us in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against me/us to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970".

I/we await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I/we look forward to your reply.

Yours faithfully




Mrs A N Other

the_one2

ok thanks for that will try that and see what happens.

cally6008

Don't forget ... DO NOT SIGN IT (meaning don't put your signature on it)

Thanks for the letter, I need that to send it to Aktiv Kapital as well.