Aktiv Capital What Have I Done?

LilacPixie

double post

LilacPixie

Chris - itwon't they will no doubt write to youwithsome blurb about how they are awareof the statute barred statusof the debt but as you had use of the funds you are morally obliged to repay them. WHen that letter comes it is up to you what you do. Please bare in mind that DCA rarly if ever act with morals and AK werenot thepeoplethat lent you the money,they will already have writtenthe debtoff their own accounts and received a tax break for it.

chr15_w

I have spoken to National Debtline and they have confirmed what has been said here already Thanks for the great advice:T

Am I right in thinking that I have to send a £1 PO with this letter?

Also when they do contact me again I presume I ignore the letters and keep them so that I can report them to the ombudsman?

I was stupid in the fact that I gave them my mobile no so no doubt they will also ring me so I presume I just hang up on them when this happens?(not going to change No's for a bunch of cowboys)

MrsTinks

No you don't have to send a £1 PO with the statute barred letter
Yes feel free to keep their letters and if they continue to contact you then report them - if they call you again there is also a letter you can send them basically pointing out that you will consider any further phone calls as harassment and you will report them should they contact you again.
If you feel like it then you can tell them on the phone that any further contact will result in you starting legal procedings for harassment against the company and PERSONALLY against the person making the call... I will bet you that they will never call you again

Just to go over old ground but if you defaulted 10 years ago and only made a payment in 2008 then the debt was statute barred and the payment you made doesn't unmake it statute barred

fermi

Can't add much to the already good advice , apart from this.....

chr15_w wrote: »

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

If the original default was 10 years ago, then any record of it on credit reference files would have dropped off 4 or so years ago. It only stays for 6 from the default.

Aktiv are therefore not entitled to record anything about this on your files. If they do, then that is something else to report them for.

chr15_w

Thanks Thanks Thanks
This had made my weekend and cant wait to get down the post office to get my letter off recorded.I will take great pleasure in telling them on the phone that if they dont jog on I will start legal proceedings.

Hope this Thread comes up in lots of other peoples searches

I have learned one great lesson from this....If it is more than 6 yrs old DO NOT pay it

Its not like we are up to our necks in debt in fact all the debts we have are being paid at the agreed rates and on time so I can sleep easy knowing that this is just down to a bunch of chancers trying their luck they very nearly had me aswell

Thanks again

chr15_w

Sorry 1 more thing just typing my letter up,the address I have for Aktiv is a PO Box so dont think that a recorded letter would be signed for so have had a look at this thread
http://forums.moneysavingexpert.com/showthread.html?t=89287&highlight=Aktiv+Kapital
and there is a different address for them which one do I send this Statute Barred letter to so that someone will have to sign for it? Think it will be the one in the long thread but just want to double check:o

Ignore the above have checked their website and I received a letter from there Bromley Branch and have found the Direct address Thanks again

chr15_w

Had another letter this morning threatening me with Westcot and that I should ring and make an agreement(bloke on Friday said he wanted proof of financial situ before he would make agreement,this was obviously so they have admission in writing I presume) this just says to me that they know they cant collect its just more scare tactics.Wont be ringing,sent Limitations Act letter in the post recorded,lets see what happens:cool:

MrsTinks

Stick to your guns they will try to appeal to your conscience and all manner of fun stuff... just keep telling them to go away

RAS

chr15_w wrote: »

Had another letter this morning threatening me with Westcot and that I should ring and make an agreement(bloke on Friday said he wanted proof of financial situ before he would make agreement,this was obviously so they have admission in writing I presume) this just says to me that they know they cant collect its just more scare tactics.Wont be ringing,sent Limitations Act letter in the post recorded,lets see what happens:cool:

Unless they can produce evidence of a payment within the 6 years, they are stuffed. Just because you made the one payment they are hopeful.

Warning - it has been known for a DCA to make a payment to an account just before the 6 year period comes up, they claim a payment was made by the debtor. You need to have the account number from which it was made.