Aktiv kapital now past onto ccs collect, help needed

TAZ

been getting letters from aktiv regarding a debt for a printer i bought in 1994 that i did default on but later paid the full amount so no debt and even if i hadn't paid it it would be statue barred by now. we chose to ignore them because of this but this morning have received a demand for payment from CCs Collect that say in capital this problem will not go away and they intend to recover the full amount without further delay, i want to ring them up but what do i say

please help

Aguilk

Ring them up and ask what the 'supposed' outstanding balance is, Do you still have proof that you paid for the printer in full? Did the previous company send out letters or send anyone round as there could be outstanding 'admin' and recovery charges?

Bear in mind that they cannot legally turn up on your doorstep demanding payment without you having recieved a CCJ first!

The best thing to do is to just be bluntly honest them but they may refer you back to aktiv as they were the ones who appointed CCs

Hope this helps!!

fermi

Don't ring them.

Send a letter that tells them:

a) You dispute that the debt is owed.
b) Regardless of (a), the debt would be statute barred anyway.

fermi

Something like?

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

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

We would point out that we have no knowledge of any such debt being owed to The Loan Company.

We are familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

We would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

Additionally, I 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 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".

Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me 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 await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I look forward to your reply.

Yours faithfully