Statute Barred Debt Advices Please

Debtstressed_2

Good Afternoon Everyone,

I am a relatively new user to this site and have searched old threads for the info I am looking for however I was hoping someone could give me some pointers please.

I have received a letter from Aktiv Capital regarding a HP agreement taken out in 1996 or 1997 in relation to some furniture purchased in my name for me and my ex-boyfriend.

We split up a short time later and he kept the goods and me being young and stupid at the time, did not resolve the issue of the outstanding HP. Long story short, I buried my head and hoped it would go away as I didn't really know what to do and didn't have much support at the time.

I received a letter from them about three weeks ago to which I didn't reply.

It is a typical letter from DCA - enclosing a bank giro credit slip for payment in full.

I am unsure how to tackle this the best way. Should I send them a letter requesting a copy of the credit agreement this relates to or should I just go straight in with the statute barred correspondence that people have posted on here??

I have moved address a couple of times since the loan was taken out, but apart from the letter a few weeks ago, I never received anything from anyone and there is no CCJ in place.

Thanks in advance.

fermi

If the debt is "Statute Barred", then that makes any other consideration irrelevant.

Just send the appropriate letter from this link.

http://forums.moneysavingexpert.com/showpost.html?p=11571227&postcount=3

Tixy

If you haven't made payments in 6years and your are sure your ex-partner didn't after the split then I would firstly go with telling them it is statute barred this is the more important piece of legistation that the CCA (in this instance).

If they think its not statute barred then they will have to prove that and if the can't they are not allowed to keep hassling you after you have told them you know it to be statute barred and don't intend to pay.

RAS

And even if there is a CCJ, on a debt this old they may well need to get court permission to pursue the CCJ and would be unlikely to get it.

rsc

Yeah, from having asked various advice on this forum the debt if older than 6years and you have not acknowledged the debt by admitting to it and/or making a payment towards it then it is statute barred which means that they cannot legally pursue you for it, they cannot enter it onto your credit file either from what i have been told - chances are that it won't show up on your experian/equifax report if over 6years old anyway, which technically would mean you haven't made any payments towards it as payments tend to be logged - however, this is not set in stone as some companies do not log details with credit reference agencies. So it maybe worth asking them to prove it, after you have asked you ex if he has made any payments because if he has within the last 6 years then it would still be live

rsc

i am fairly new to this forum and do not have the knowledge of the established members, so listen to what they say - they are REALLY good. They've given me some great advice.

Chrisblue1962

Hi Debtstressed, I believe that Aktiv Capital are well known on this site for buying up old debts and going on a "fishing mission" to see if anyone will just pay up rather than questioning &/or refusing to pay. I'm not an expert on Statute-barred debts so have a good rea on the forums for further advice

BTW did you get any more grief from MBNA and the payments?

Debtstressed_2

Hi Chrisblue1962,

The calls with MBNA stopped for a good period, however they have just started to pick up again in the form of texts and emails. I asked them for written confirmation of why they were unable to offer assistance (they verbally quoted US regulations being the reason) and have yet to receive a proper reply. They wrote and said they couldn't respond as my letter was unsigned and for security reasons it needed to be signed. (I was advised not to sign in case they used it to cut and paste the signature onto a copy CCA (which hasn't arrived yet either).

I'm sure they try to make you so fed up that you stop trying with them. I need to check the paperwork again - I think the letter was signed for by them on 26th or 27th Aug so the deadline should be expiring soon.

Was hoping for a lottery miracle in the meantime (Must watch Derren Brown for tips this evening....)