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Aktiv Capital What Have I Done?

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Comments

  • chr15_w
    chr15_w Posts: 19 Forumite
    RAS wrote: »
    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.

    You mean the account no that I made the payment from just before christmas? If so no problem its mine, if not then I have only had this bank account for a couple of years, so if they made a payment then how could they claim I made it? They did state in latest letter that I had made a payment but that definatly was not within the six years of default
  • RAS
    RAS Posts: 36,099 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    chr15_w wrote: »
    They did state in latest letter that I had made a payment but that definatly was not within the six years of default

    They are hoping that although you know about the Statute of Limitiations, you do not know that it remains in force for ever, ONCE the 6 year date has passed. DCaAs are always tryign to bamboozle people on here by telling them that even if the debt was statute barred, paying hads made them liable again. Boolocks.

    No what I was referring to is that one OP then asked for details of the account from which the payment was made. It was not an account he had ever owned and he eventually concluded that it belonged to the DCA.

    Other have reported similiar situation, so we think DCAs have made occasionally a payment towards a debt they own, so that they can claim a payment was made just before the 6 year limit was up, in an attempt to keep the liability.
    If you've have not made a mistake, you've made nothing
  • chr15_w
    chr15_w Posts: 19 Forumite
    Sorry to come back just thought I'd update
    Aktiv recievde the statute barred letter yesterday(according to royal mail) I have received another letter this morning stating that there is an agreement in place :confused: and I should pay by the 19th of this month or the account will start acruing interest. More scare tactics I presume?? Pretty sure I'm right in thinking they need a signature to make any of this stand (no I didn't sign limitations letter just printed name from pc) I am going to wait and see what the 19th brings
  • Ames
    Ames Posts: 18,459 Forumite
    They can add all the interest they like, since they can't make you pay it!
    Unless I say otherwise 'you' means the general you not you specifically.
  • chr15_w
    chr15_w Posts: 19 Forumite
    Another Update
    Aktiv sent me a letter confirming they had received my Limitations Act letter and asked me to ring a different Freephone No Supposedly Customer Relations Dept.I wasnt going to ring but curiosity got the better of me :rolleyes: First 2 times phone went dead after 1 ring so left it a couple of hours and rang again took ages to answer but spoke to a reasonable young lady who stated I had sent said letter and they had to confirm my previous address so I did (dont know if this was stupid) She then said it would be passed to a lady who deals with Statute Barred who would contact me in 7-10 days.Can't wait to see what they come up with next but I am in it for the long haul now and am going to stand by Statute Barred till the death.

    Cancelled the debit card I used to make the payment to them,just in case they tried to take a payment as it is 19th today(read a post here about them taking unauthorised payments)
  • RAS
    RAS Posts: 36,099 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    chr15_w wrote: »
    Cancelled the debit card I used to make the payment to them,just in case they tried to take a payment as it is 19th today(read a post here about them taking unauthorised payments)

    Absolutely. It happens far too frequently.
    If you've have not made a mistake, you've made nothing
  • chr15_w
    chr15_w Posts: 19 Forumite
    RAS wrote: »
    Absolutely. It happens far too frequently.

    I am actually hoping they do try and the bank lets me know as i will definatly be reporting them for it;)
  • chr15_w
    chr15_w Posts: 19 Forumite
    Thanks to everyone that replied to my thread.I have had confirmation this morning that the debt is statute barred and no further action will be taken:j :j :j :j :j
    Thanks again:D
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