old debt , Akitiv Kapital

jaybighitter

hello all,

i stupidly agreed to pay and old debt last year, not knowing the statue barred rule, the debt was well over 8 years old and was for quite a bit of money, 7 grand to be precise, i didnt know the rule so stupidly acknowledged the debt and began a repayment scheme, it was activ Kapital that has bought the debt.

thing is i agreed to pay what i could afford at the time which was 80 pounds a month because i wanted to get it paid as quick as possible, but since then they have been putting the amount up by ten pounds every few of months, this is leaving me worst off!!

with the debt being so old can i get out of it? i have checked my experian credit report and there is nothing even on there about the debt....

if i cant get out of it how do can i drop my payments without them giving me a ccj or something to that nature

i wish i would have known about this site last year cos i would be better off now!! doh!

help!

cheers j

fermi

http://forums.moneysavingexpert.com/showpost.php?p=34906321&postcount=6

jaybighitter

thanks fermi, absolute legend! so i just send that letter and wait for a reply?

fermi

If that is what you want to do.

I would expect them to whinge and whine, and try to spin some line of bullwarks about the Limitation Act, but the law is clear.

If the debt was statute barred before you started payments, then it is statute barred now.

Continue payments or stop them, the choice is yours.

Obviously if you stop payments then you would need to be sure of your 6/7 year period.

Think carefully.

jaybighitter

ok i see what you mean, i actually cant exactly remember the exact date but im pretty sure it was after the 6 year period, is there anyway of finding out for sure??

when the intially got hold of me i never asked to see the credit aggreemnet or anything?? silly i know! can i still get them to prove the debt etc and then i could find out exactly when it was i started to pay them off

Culex

fermi wrote: »

http://forums.moneysavingexpert.com/showpost.php?p=34906321&postcount=6

It's not too bad, but:

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".

The maximum penalty for the first offence is a fine of only £100, whilst the maximum penalty for subsequent offences is only a fine of £400.

The Protection from Harassment Act 1997 has more severe penalties on summary conviction - up to 6 months in gaol, a fine not exceeding £5000, or both; unfortunately, it may not be tried on indictment.

fermi

Quoting the AOJ act is perhaps uncertain enough, without trying the DCA tactic of quoting legislation they have no chance of applying or enforcing.

:rotfl::rotfl:

fermi

Click ---> OFT takes action against Aktiv Kapital

Culex

jaybighitter wrote: »

thanks fermi, absolute legend! so i just send that letter and wait for a reply?

If you can establish that the debt was statute barred, you might also wish to report Aktiv Kapital to the O.F.T..

It will, of course, remain statute barred regardless of the payments those jævler have extorted from you in the past. You have little/no chance of getting your money back, though; you might be able to recover damages for their harassment.

fermi

jaybighitter wrote: »

ok i see what you mean, i actually cant exactly remember the exact date but im pretty sure it was after the 6 year period, is there anyway of finding out for sure??

SAR them? Or just simply contend that the debt is statute barred and require them to prove otherwise?

jaybighitter wrote: »

can i still get them to prove the debt etc and then i could find out exactly when it was i started to pay them off

Of course you can. An agreement request is unlikely to provide that info though.

jaybighitter

thanks guys how do i go about proving when the debt was initially started? so i can either keep paying it or find out if it was statute barred when i made the first payment to them