old debt , Akitiv Kapital

Culex

fermi wrote: »

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

Why not?

They'd try that trick quickly enough; besides, how do they know it wouldn't be applied?

Other laws include the Malicious Communications Act 1988 or, should a DCA try sending a vociferous door step collector to collect a statute barred debt, there is section 42A of the Criminal Justice and Police Act 2001.

For the purposes of this section a person (A) ought to know that his presence is likely to result in the harassment of, or to cause alarm or distress to, a resident if a reasonable person in possession of the same information would think that A's presence was likely to have that effect.

Even being arrested for one or more of those offences might rather take the smirk from the faces of many debt collecting wallahs.

Culex

leveller2911 wrote: »

Why is it stupid to re-pay a loan you took out?

It isn't.

It may be less than wise, however, to repay loans where the debt is no longer enforcible in preference to (or at the same time as) debts that can be enforced.

Had the payment made to Aktiv Kapital been directed to one or more of his other debts, his situation should have improved sooner than it now will.

jaybighitter

i have read my post a few times thankyou, it might not have been worded correctly, but if there is legislation that helps me get debt free quicker then why shouldnt i try and use it,

i realise all this is my fault and i dont need you telling me im an idiot!

obviously leveller you are perfect and never made any mistakes!

nearly every other post on here is about old debts and weather they are statute barred etc,

and my post did not only concentrate on statute barred it also asked the question, that i had agreed to pay an amount. Then every few months the amount goes up without them telling me and just taking it form my account by dd which does not help my situation, so was asking how i go about putting the payments back down to a repayable amount!

jaybighitter

exactly culex, if i can free that money up then i can pay off other things quicker

Culex

leveller2911 wrote: »

There is a big difference bewteen "trying to sort out all my mistakes" through paying back the loan and just getting it stattute barred.

One cannot "get" an alleged debt barred by section 5 of the Limitation Act 1980 in much the same way that the creditor cannot get it unbarred.

The law in Scotland is a little different and, in my considered opinion, rather more sensible; there, the limit is five years after which the alleged debt is extinguished - that is, it does not merely become unenforcible through the courts, the statute barred debt ceases to exist.