Final Notice

Lanz81

Hello, please can you help?

Boyfriend rec'd letter today in our new home (first mortgage) from Buchanan Clark & Wells.

Letter states:

We refer to previous correspodence regarding our client Aktiv Kapital UK Limited and regret to note that your debt in the sum of £323 remains outstanding. Since you have failed to notify us of any legitimate reason for non-payment we can only assume rgar you do not wish to settle this matter and this lett should be accepted as final notice rga unless payment is made immediatelky we shall seek to commence legal proceedings etc etc!

We have been together for 6 years and I know that the only debt he has is a credit card and our mortgage. we have no idea what this is??? he was at our last address for 3 years and 2 years at the address before that.

the only thing that e can think of is his bank account from over 6 years ago???

please advise what we should do? we have a baby on the way and not this kind of money at the moment.

many many thanks

Lanz81

i forgot to say this is the first we have heard of this, no other letters have been rec'd

RAS

Hi

if this debt is over 6 years old, it is almost certainly statute barred, which menas that it is unenforceable. The law, the courts and the OFT consider it unfair for a creditor to chase debts over this age unless there is a CCJ on it, buy AK are not interested in this.They buy a lot of statute barred debts and hope to get someone to pay before they discover the legal situation.

RAS

Lanz81 wrote: »

i forgot to say this is the first we have heard of this, no other letters have been rec'd

That's normal. The suggestion is designed to panic you into thinking you need to respond urgently.

McKneff

So what does the OP do now,
ignore it or ask for a copy of the original signed agreement and take it from there.
Lanz 81 if you end up writing to them do not sign any correspondence, only ever print your name.

RAS

OP needs to advise if BF thinks last payment was ovwer 6 years ago.

lxpeanut

Firstly don't panic they often send first letters that make out they have been trying to contact you and this is your last chance. Secondly get your boyfriend to write to them say he is not aware of this debt and ask them to send proof that it his. Its quite likely that this is a fishing attempt and its just that he shares his name with the person who they want to contact.

Lanz81

thanks guys. we have been together 6 years so if there is a debt which may be from going slightly overdrawn in his bank (like £20) which he said was maybe even 7 or 8 years ago.

just done a credit check on him (free trial) and his records are brilliant and there is no record of any such debt.

what do you think, ignore or reply asking for proof?

I really appreciate all your help.

RAS

It looks like either this is a fishing expedition (if it is, you are the thrid person in as many hours to post about it), or a statute barred debt.

The trouble is that if you respond, then AK are likely to take this as an invitation to keep communicating whatever the debt is about.

On the other hand, the debt is statute barred it still exists, just the only defence that is needed is the Statute of Limitations.

So I would suggest that you do nothing now, but if AK try to take any legal action, you immediately come on here and get help.

The reason being that even if the debt is statute barred, unless you tell the judge this, undefended action will be successful. If you defend the action, it will fail and AK will go away with their tail between their legs. Most likely they will drop out as soon as they realise that you know the law.

Lanz81

thanks very mcuh RAS your a diamond

svetko

Lanz81 wrote: »

Hello, please can you help?

Boyfriend rec'd letter today in our new home (first mortgage) from Buchanan Clark & Wells.

Letter states:

We refer to previous correspodence regarding our client Aktiv Kapital UK Limited and regret to note that your debt in the sum of £323 remains outstanding. Since you have failed to notify us of any legitimate reason for non-payment we can only assume rgar you do not wish to settle this matter and this lett should be accepted as final notice rga unless payment is made immediatelky we shall seek to commence legal proceedings etc etc!

We have been together for 6 years and I know that the only debt he has is a credit card and our mortgage. we have no idea what this is??? he was at our last address for 3 years and 2 years at the address before that.

the only thing that e can think of is his bank account from over 6 years ago???

please advise what we should do? we have a baby on the way and not this kind of money at the moment.

many many thanks

hi we find ourselves in a similar situ husband received letter from mackenzie hall debt collectors for debt accrued when with previous girlfriend over 6 years ago because he has moved around a lot until we got together and completely forgot with time about the debt is he still liable to pay or is this statute barred please helpthis is the first he has heard from these people since we have been together which is 5 years at this address