Aktiv Capital What Have I Done?

chr15_w

First post not sure if in right place but here goes

I defaulted on a Barclays loan over 10 years ago,just before christmas I received a letter from Aktiv Capital saying I owed just under a £1000. I rang them and stupidly admitted the debt was mine and set up a so called agreement of £20 a month (currently on income support) waited a week to receive so called agreement letter before I made the £20 payment letter didnt arrive before the agreed date so I made payment. Still have not received letter so rang them today to find out where it was and spoke to a really shirty bloke who said there is no agreement in place and he wants to see proof of my financial situation and I have to make another £20 payment before 19th of this month,but surely if there is no agreement then he can go whistle but because I have admitted and made payment have I had myself over? After doing a google search(should have done this before I know) have found that Aktiv are a gang of chancers and I have been suckered by them.I am going to go to Citizens Advice next week to see where I stand but my Q is have I done myself over by making a payment? and is there anything else I can do to not pay the cheeky *&%$£$%^$ any more money?
I was 18 at the time and only asked Barclays for a £50 overdraft which was OK'd, a week later I had a Visa and £100 cheque Guarantee card in the post and this is where I got into this mess

I have done an Experian report and there is nothing on there about it,the thing thats worrying me is my wife has a squeaky credit report and dont want this to affect hers as we are financially connected(car finance in 2002) Sorry about the long post but need to vent this somewhere as I really dont need anymore stress at the moment
Any advice gratefully received even if it is what I am now thinking(I've had myself over and am a bl**dy fool for not searching around first)

LilacPixie

Do not send thisbunch of monkeys another penny.

If the debt doesn't have a CCJ then it is statute barred after 6 years ofno payment or ackowledgment (5 in scotland) and making a payment DOES NOT reset the clock.

chr15_w

Thanks for quick reply so what do I need to do to get them off my case I am worried I'm going to end up with bailiffs on my door or wake up one morning to find my car clamped by them I am currently searching to find out how to sort it but could do with a point in the right direction thanks again

Ames

Don't worry. They can't send bailiffs until they've taken you to court and you've defaulted on any order made. They can't take you to court because the debt's statute barred. Someone on here who's better than me will be able to give you the statute barred letter to send to them.

RAS

chr15_w wrote: »

Thanks for quick reply so what do I need to do to get them off my case I am worried I'm going to end up with bailiffs on my door or wake up one morning to find my car clamped by them I am currently searching to find out how to sort it but could do with a point in the right direction thanks again

You are not legally obliged to pay another penny and Aktiv can do nothing legally to pursue you through the courts unless there is a CCJ, and even that would require court permssion.

You do need to send a statute barred letter, as any further attempt by Ak to get you to pay after that is harressment.

Read this http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act and send the letter at the end.

chr15_w

Thanks people but am a bit worried that I HAVE made a payment to them in the last six years on the 19 Dec 08,so surely they have me by the short and curlys? But on the other hand the chopsy tw*t on the phone today said that there was no agreement made until he sees proof of my finances but I still have to make payment by the 19th of this month????? He really was a *£$* but I suppose hes just hoping for another £20 in their bank

I will follow the advice given but am just worried that by paying them I have admitted liability as on the link given it states

"If the creditor can prove you wrote to them admitting the debt, or you or anyone else owing the debt made a payment, then the six year limitation period would start running from the date you last made contact or made a payment"




or am I worrying about nothing?

Thanks again for all replies;)

chr15_w

Tryed ringing National Debtline to confirm your posts but couldnt get through will try again in the morning but I have a horrible feeling I have had myself over as I dont think i'll get away with another 6 years (could always join the foreign legion I suppose:rolleyes: ) going to start parking the car at mother in laws, just up the road thankfully.

mandragora_2

"If the creditor can prove you wrote to them admitting the debt'' seems to be an important bit - you say you admitted the debt - was it in writing? Can they prove you sent it? Emails are tougher for them to have as evidence than straightforward letters.

chr15_w

mandragora wrote: »

"If the creditor can prove you wrote to them admitting the debt'' seems to be an important bit - you say you admitted the debt - was it in writing? Can they prove you sent it? Emails are tougher for them to have as evidence than straightforward letters.

No nothing in writing but a payment from my current account (balance of about £1 now) certainly wont be emailing or admitting anything in writing am just thankful they couldnt be bothered to send me an agreement.Going to fight it hard now and may even get the missus to say I've done a runner.Hopefully there are circumstances against the made a payment bit

LilacPixie

Chris - Do not worry. Section 5ofthe limitation act quite clearly states

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

in otherewordsthey cannot take any action once the 6 year period is up eventho youdid pay one payment.

you can find the statute barred letter to send them on the NDL website.

chr15_w

Thanks LPixie just what I was hoping for,will get the letter posted first thing Monday and hopefully that will be that.