Irwin mitchell recoveries

joey298487

Hello ,

I have had a debt that is almost ten years old and i have no contact with the company in question and i get this letter.


We are instructed by response credit management ltd, the dept collection agency acting for Aktiv Kapital (UK) Ltd. On behalf of our client we are writing regaurding the about sum which is unpaid. Despite reminders from our client it remains unpaid.

should you fail to make payment of the above sum directly to response credit management or contact them in 7 days we may be instructed to start legal proceedings . etc etc.

my questions are can i send the template for the six years passing as per the limitation act or shall i just send the letter back return to sender.

I want to end this once and for all and send the letter but scared they can still get me. any help would be great?

fermi

If you have not acknowledged the debt in writing or by making a payment in the last six years, then send the letter.

They can whine and moan, but unless a CCJ has been obtained previously (they would say) they are stuffed.

fermi

Plus have a look at what the OFT have said to different debt collector recently.

http://forums.moneysavingexpert.com/showthread.html?t=1639473

Basically, stop going after statute barred debt or else.;)

joey298487

thanks very much you have set my mind at rest

joey298487

just to double check i called the national debt helpline.

now they were very helpfull but put gave me a bit of a scare.

the debt accured in 1999 but was an overdrapht they say it may not be statue barred if they claim was made several years later.

i really dont know what to do.

i have three options.

1)send the statues barred letter and git my teeth
2) return the letter as return to sender. doesnt live at this address
3) get my partner to call and say i dont live there.

i know im trying to get out of it but cant afford 8k? i was wondering what i should do?

fermi

The 6 years runs from the last time you made a payment or acknowledged the debt in writing.

What do you mean "if they claim"?

It doesn't matter in the slighest what they do with the account since you last paid or acknowleded it.

A fresh "cause of action" under the limitations act can only accrue by a payment by YOU or acknowledgement in writing by YOU.