6 year old debt!!

Culex

As the DCA is the jaevler at Aktiv Kapital and as they may have previously been suspected of having been more than slightly disingenuous, you should get as much information about this alleged debt as possible. A Subject Access Request under the Data Protection Act 1998 should get you what you need to know, which is the date when repayment in full was first demanded. Under section 6 of the Limitation Act 1980, it is that demand that would "start the clock ticking" when the alleged debt is for an overdraft or a credit card, rather than the default date.

I am neither a lawyer nor do I pretend to be one; for better advice, go to the CAB and have a chat with their duty lawyer.

carr55

It was a loan I took out in 1998. I originally defaulted in 2001 and then began repayments again with the last payment being April 6th 2005. To date I have not been in touch or made any payments other than the statute barred letter which I sent last week.

RAS

I would love to see them try and argue this one in court.

Technically when they wrote that letter, they were correct, it was not SB. Tomorrow, IMO, it will be.

Report them to the OFt if they send any more correspondence.

carr55

Many thanks, my heart came in to my mouth this morning when I got that letter.

Gordon_Hose

It's definitely SB if the last payment was 6th April 2005. If they say otherwise they are telling porkies in the vain hope you don't know your rights.

You've sent the SB letter, so all you need to do now is...nothing. Anything else they send to you regarding this debt can be used as evidence when you report them to OFT, FOC and Trading Standards.

carr55

Thanks, that's some good news