Activ Capital help

MrsMB

Hi

I got a letter from the above a month ago I think it was addressed to my maidan surname which I havent used for 12 yrs about a debt from barclays who I havent banked with for 14 yrs.
I sent the letter about a signed credit agreement but all I had back was a letter asking me to call them , I then forgot about it because I certainly will not be calling them.

Yesterday I got another letter asking me to call them again.

what should i do now?

Cheers xx

Tixy

This debt will be statute barred if you haven't paid anything towards it or acknowledged it in writing for 6years (and assuming there is no CCJ in relation to it). There is a stature barred letter template some will post or I will try to find.

Tixy

EDIT if you think the debt is statue barred read the info in the link below.

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

- suggested letter for statute barred debt

Quote:

1 High Street,
Newtown,
Kent
R21 4RH
Date

The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG

I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

Dear Sir/Madam

Account No:

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

I/we would point out that under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".

I/we would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

The last correspondence/payment/acknowledgement or payment of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me/us in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against me/us to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970".

I/we await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I/we look forward to your reply.

Yours faithfully




Mrs A N Other

naijapower

MrsMB wrote: »

Hi

I got a letter from the above a month ago I think it was addressed to my maidan surname which I havent used for 12 yrs about a debt from barclays who I havent banked with for 14 yrs.
I sent the letter about a signed credit agreement but all I had back was a letter asking me to call them , I then forgot about it because I certainly will not be calling them.

Yesterday I got another letter asking me to call them again.

what should i do now?

Cheers xx

If you havent used your maiden surname for ages, then how did they trace you? I am just curious as i am wondering to what intrusive extent do this Aktiv Kapital go all in name of collecting aged, dead, buried and statured barred debt

MrsMB

naijapower wrote: »

If you havent used your maiden surname for ages, then how did they trace you? I am just curious as i am wondering to what intrusive extent do this Aktiv Kapital go all in name of collecting aged, dead, buried and statured barred debt

It came about a week after I applied for and was accepted for a credit card, my name has changed twice since I was 21 (married, divorced, remarried) so i dont know

saveumcowboy

I am in the same situation, my debt was from Barclays and is 11 years old, I have had no contact from Barclays or Aktiv capital from 11 years ago till yesterday about the debt and my name and address are different too.
If I send them this letter above then does it mean I won't have to pay? I am worried about them adding lots of fees and interest.

treble_2

I have been falsely pursued by Aktiv Capital (Thames Water) for £640 since March 2007. I had no redress until they lodged a default notice on my credit record in Jan 2009. I was able to threaten proceedings for defamation. My solicitors secured damages of £xxxx and a correction notice was published by Aktiv Capital in the London Gazette on 27 May with full apology as part of the settlement.
I have throughout wanted to succeed in exposing this Group's underhanded practices to encourage others who have been falsely pursued to use my case to threaten legal response to false pursuant of debt.

Lonesamurai

I just had an odious man ring me and ask my name, which I confirmed...

He then asked me to confirm my details for data protection reasons which immediately rang alarm bells, so I asked who he was and his name was "Steve" from this Activ Kapital, who got quite offensive when I refused and told him I had no current debt and would not confirm my details for him

Surely this sort of company should be stopped from these practices

~Simon

worriedmama_2

I have also had the same letter this week from Activ Kapital regarding my maiden name from a gazillion years ago. I wont be replying to it because it will just create more hassle

thechippy

To all,

Just send the statute barred letter.

When a debt is statute barred, nothing can be done by you or them to un-statute barre it........:D
So, they can sing like a little birdie all they like.