Aktiv Kapital

Soldier81

Hi looking for some advice for my friends Dad.

Recently he got a letter from AK about a debt he is 99% sure it has been more than 6 years since any form of contact or payment

The debt is for £1,700 and on the letter they are Giving him 2 options

1.pay £345 before the 31st of Jan and AK will pay £1,400 to clear the debt

2. Or arrange a monthly payment plan and he will benefit from their New Deal scheme.

As he is not 100% sure of the dates is it wise to send off a statue barred letter to AK?

Going by the letter it reads to me that they are clutching at straws to try and get anything from him at all.

I know it is morally wrong not to pay monies that you owe but I feel compelled to help him as it must be stressing him out and he is not in a situation to pay the money any time soon.

Silvafox

Send a statute barred letter - it can't do any harm and if it is within 6 years that the debt has been acknowledged, they'll soon point it out. Send it off and see what they have to say. There are loads of template letters on this site if you use the search function. Good luck.

jonjamie1970

Option 1 sounds like a con, pay this and we now know youve contacted us and you will end up having to pay the rest

Soldier81

If it has been over 6 and he contacts them or makes a payement can it still be statue barred.

if so do you think it could be nearing the 6 year mark and they are trying to get him to contact them before it reaches the 6 year mark

Silvafox

Soldier81 wrote: »

If it has been over 6 and he contacts them or makes a payement can it still be statue barred.

if so do you think it could be nearing the 6 year mark and they are trying to get him to contact them before it reaches the 6 year mark

No, if he contacts them or makes payment - he's technically acknowledging the debt and the 6 years will start from that point all over again.

So, going back to my other post - if he hasn't made contact yet, tell him not to get in touch or make payment and simply send a statute barred letter. Then go from there...

Soldier81

If he sends the ST template and it turns out to be under 6 years can AK then use this as an acknowledgement of the debt and the 6 years would start again?

Thanks

barbiedoll

If AK are offering a big reduction on the debt repayment, it's almost certainly SB. They are just banking on the fact that not everyone is aware of the credit laws and are hoping that a scary letter will encourage him to cough up.

The first step, is to send the "prove-it" letter, a template can be found here.....

http://forums.moneysavingexpert.com/showpost.php?p=11570893&postcount=2

Make sure that he does NOT sign the letter, he should print or type his name. And tell him to send it via recorded delivery, and to keep a copy. I very much doubt that they will have any proof of the debt anyway, if they do come up with something, it should show whether or not it's SB. It will then be time to send the SB letter!
Come back on here if he gets any more hassle from them.

Soldier81

Thanks Barbiedoll I am just off the phone to him and he is now certain that has been more than 5 years (Scotland).

However I will email him and pass on your advice on the prove it front then as you said if they do prove it then he can send off the SB template (do you have a link for the SB template)

Thanks again to everyone who took the time to reply :beer:

barbiedoll

There's a site which has templates for SB letters for debts in Scotland, which can be found here.....

http://www.niddy-publishing.co.uk/

You'll have to register to be able to use the letters but it's free!

(just click on the forums icon)