Aktiv Kapital

MrsKin

My Husband received a letter from Aktiv Capital about 2 months ago saying he owes them money (about £850) but if he rings to sort it he can pay them only £560!! Looking at the letter closely it is something to do with GE Capital, now bearing in mind we have heard NOTHING from anybody since we moved into our house in Nov 2003 and on top of that my husband was declared bancrupt earlier the same year and can't even remember what on earth he had with GE Capital - maybe a TV in 1998 or 9 what should we do? Is it best to ignore them? He had another letter last week saying they had contacted him several times (which is also rubbish as that was the 2nd letter) and would be passing it on to a debt collecting agency.
Now obviously we have been trying very hard to repair my husbands credit rating since he has been discharged from the bancrupcy, and this is all he needs!!
What should we do?

RAS

Hi calm down.

If this debt is more than 6 years old, AK can do sweet FA to affect your husband as anything he has not paid in 6 yeaers is statute barred.

If it pre-dates his BR, then chasing him is illegal.

I have to go in a mo, but Ak specialise in buying unenforceable debts and trying to frighten peope into paying. Do not be conned.

Hannah_10

If RAS is saying it's unenforcible it'd be wise to believe it. Further to that there is a thread here started by Never-In-Doubt called Unenforcibility and Template Letters (I think it's now on version IV) which has a nice neat template letter for sending when you're being chased for an unenforcible debt, if you read through that thread you will find it.

MrsKin

Thank you, sorry to seem a bit dim but is the correct letter the statute barred one? Should I add any comment about the bancruptcy or leave it as it is?
We have definitely never received any contact from GE Capital or anyone else chasing for any money since I have been with my husband (2003)
Do this company do this a lot?

MrsKin

Anybody? I don't want to make things worse by sending the wrong letter or adding things I shouldn't

MrsKin

Please?

twistedhazel

Hang on in there - I'm sure that someone will be along to help with this. It'll be better to wait an extra day than to send the wrong letter, I'm sure this is the only thing you can think about but go and have a cup of tea, go for a walk, sort out the ironing pile (!!) or something else to pass a little bit of time. If no-one is along to help by then try PMing neverindoubt I think she is a bit of an expert in these things and from what I can gather is very helpful too.

Above all don't let these people pressure you into making rash decisions that is precisely what they are trying to do.

DarkConvict

You have got confused over CCA Enforceability.

Just send this letter in response, debts over 6 years old are statute barred and cannot be enforced in court! Basically you do not have to pay it - http://forums.moneysavingexpert.com/showthread.html?p=11571227#post11571227

MrsKin

Thank you, I will get that straight off to them, sorry for seeming in such a flap! However do they get these 'debts' after a bancruptcy? Surely all debts are gone after that? And we have definitely heard nothing about anything in the last 7 1/2 years.
Thank you for your help I will let you know what (if any) response they come up with

RAS

MrsKin wrote: »

Thank you, I will get that straight off to them, sorry for seeming in such a flap! However do they get these 'debts' after a bancruptcy? Surely all debts are gone after that? And we have definitely heard nothing about anything in the last 7 1/2 years.
Thank you for your help I will let you know what (if any) response they come up with

MrsKin

if you are convinced this debt was taken out before bankruptcy, you could technically refer AK to your OH's Official Receiver, who would not doubt be happy to rap their knuckles/slap them round the head.

Maybe add at the bottom of the letter.

By the way I was made BR date/number. If you wish to discuss this debt further speak to my OR.

DarkConvict

Debts are only included in bankruptcy if they were listed on the BR forms.

If this was an old debt and it was forgotten to be added then they could still potentially seek to be paid, as they were not notified and included into the BR and subsequent BR payments.

If it was included, do notify your OR as it is an offense for them to make contact with previous debtors after the BR date and i believe is considered harassment. The OR will then deal with them for you.