How can I stop the bullying?

debbiewebbie

Hi,

Please can someone advise me how to stop Aktiv Capita bullying me. I have an old debt which is about to drop off my credit report, ie, nearly over 6 years old. I have had no contact from anyone regarding this debt until recently. I have been getting phone calls from them every day for a week, they have been rude, abusive, patronising and darn right horrible to me. I asked them not to ring whilst i was at work as i work in an open office, which is not very private, so they rang me at 8.00 on a saturday morning! I stopped answering the calls and hey ho they have now starting ringing twice a day. My last conversation with them I asked if they would write to me so I can respond with a statue barred letter, but they haven't. What should i do? I really dont want to have to change my telephone number.

Thanks.

RAS

Hi

If this default is about to drop off your credit record, then you stopped paying at least 3 months prior to that.

Why not just send the Statute barred letter now?

MrsTinks

Uhmmmm if the debt isn't over 6 years old then you can't reply with a statute barred letter... it's NOT statute barred.
The fact that they have found you and are actively pursuing the debt now before the 6 years are up means you will have to deal with it I'm afraid...
Yes you can send them a letter requesting all communications from now on is in writing but I would seriously consider contacting them to arrange a payment plan asap - if you're close to the statute barred limit and you're not willing to deal with them but they know where you live then you are running a much bigger risk of them going for a CCJ against you to ensure that they can continue chasing you for this debt...

debbiewebbie

Ras, Can I do that? I thought I had to wait.

MrsTinks

LOL I guess the question really is "Exactly how long is it since you acknowledged this debt in writing or stopped paying the original creditor?"

debbiewebbie

Thanks, the debt is an old bank account overdraft. I cant remember when i stopped using it, but the default notice date on my credit report is the 6th May 2003.

MrsTinks

hmmmm tricky... it MAY already be statute barred as RAS says - it depends on the information used when the default was registered against you. The problem I guess would arise if they can prove that you failed to uphold your end of the contract later than the date on the credit ref - then they could in theory go to court to apply for a CCJ...

Personally I'd be very careful as you're teetering on the edge of it being barred - ofcourse once it's definitely barred you can arrange to repay it at your leisure - the debt will always remain - they just can't chase you for it...

debbiewebbie

Thats great, thankyou.

I have been trying to save enough money to pay them off in one go as I dont want to commit to a repayment plan, just need them to hold off for a bit longer.

Thanks again.

Lensman_2

Is it me being simple here or what?

Request a Statement of Account and state that you do not acknowledge the debt. This will tell you when you made the last payment on the account. You will then know when you last acknowledged the debt. This puts it in to dispute and if you are in luck, they won't be able to do it by 6th May.

You are legally entitled to this document.

Keep a log of calls. Times and numbers. Tell them you are recording a call - even if you aren't. It will improve their behaviour on the call.

Include a letter telling them to correspond strictly in writing. I think templates for all of these are in fermi's letter thread - see my sig. If they don't stop - complain to the OFT.

This in itself is often enough to stop them bothering. They are generally after easy money from easy targets.

Good luck.

debbiewebbie

Sorry for being simple! Im kinda new to this.

Lensman_2

debbiewebbie wrote: »

Sorry for being simple! Im kinda new to this.

No - it was me thinking I was being simple. RAS is an expert and didn't suggest it so I though I might be missing something.

You could get the letters ready until it is confirmed anyway.