aktiv kapital debt

scottymcclue1

Hi guys,
looking for some advice. i received a letter from aktiv kapital 3 days ago stating i owed over £10000 for a loan which i took out in 2003 with an ex partner. we split up in 2005 and the proceeds from the sale of our house was used to pay off any debts including this one. i stupidly left it up to her to repay the debt which she obviously hasnt done if i received this letter. As i split with her in 2005 i was reading a few of the posts on here which states that if the creditor hasnt had any contact with myself regarding this debt then after 5 years(im in scotland) the debt is statute barred. i emailed them today and they mailed me back stating that "this is not the case as the original default was registered on the 26th april 2006 with the original creditor and the account was opened on the 14th oct 2003. As the 6 year time limit as dictated by the limitation act 1980 has never expired, the matter is not considered statute barred. the current balance is therefor due and payable".
I have not had any contact with anyone regarding this loan since i split up with my ex which was early 2005.
I would be really grateful if anyone could give me some advice on what to do next. After finally getting my life back together i cant believe that this is coming back to haunt me.
Thanks

Culex

scottymcclue1 wrote: »

Hi guys,
looking for some advice. i received a letter from aktiv kapital 3 days ago stating i owed over £10000 for a loan which i took out in 2003 with an ex partner. we split up in 2005 and the proceeds from the sale of our house was used to pay off any debts including this one. i stupidly left it up to her to repay the debt which she obviously hasnt done if i received this letter. As i split with her in 2005 i was reading a few of the posts on here which states that if the creditor hasnt had any contact with myself regarding this debt then after 5 years(im in scotland) the debt is statute barred. i emailed them today and they mailed me back stating that "this is not the case as the original default was registered on the 26th april 2006 with the original creditor and the account was opened on the 14th oct 2003. As the 6 year time limit as dictated by the limitation act 1980 has never expired, the matter is not considered statute barred. the current balance is therefor due and payable".
I have not had any contact with anyone regarding this loan since i split up with my ex which was early 2005.

Thank them for their prompt reply by email, the contents of which you have noted and in which they have confirmed that the date the default was registered was 26 April 2006. Inform those dunderheids that the date that a default was registered may not be the date the obligation (debt) was last acknowledged by the alleged debtor(s), as that action was taken by the lender alone.

Then remind them that you reside in Scotland, where section 5 of the Limitation Act 1980 does not apply, but section 6 and Schedule 2 of the Prescription and Limitation (Scotland) Act 1973 do apply. As there has been neither payment nor written acknowledgement of the alleged obligation since 26 April 2006 at the very latest, under the law applicable in Scotland, the obligation to repay the alleged debt is not just unenforcible but actually extinguished.

Consequently, you will not pay them so much as one penny and, for the further avoidance of any doubt, you would respectfully refer them to to the celebrated retort in the matter of Arkell v. Pressdram.

scottymcclue1

thank you so much for the advice. I have been sitting here stressed and worried about this for past few days. I will send the reply to them and let you know how i get on. thanks again for taking the time to help me out, you have no idea how grateful i am.
cheers

scottymcclue1

Just to let you know that they have just emailed me after i sent them the 2nd email and they say "we can confirm that we are currently looking into this matter further and will be in touch shortly".

Thanks again culex really appreciate it. without people like you and sites like this i would have been paying this debt off none the wiser.

Gordon_Hose

Nothing for them to look into really lol

cassidy0111

scottymcclue1 wrote: »

Just to let you know that they have just emailed me after i sent them the 2nd email and they say "we can confirm that we are currently looking into this matter further and will be in touch shortly".

Thanks again culex really appreciate it. without people like you and sites like this i would have been paying this debt off none the wiser.

In other words, you have just given them a lesson in Scots law.

Culex

cassidy0111 wrote: »

In other words, you have just given them a lesson in Scots law.

It can be a dirty job, but someone has to do it. :rotfl:

scottymcclue1

Received an email from aktiv kapital today informing me the debt is statute barred and therefor the matter is now closed. all the help and advice from culex has been amazing and cant thank them enough. just goes to show that you can win against these people now and again. this site and the people on it deserve a medal for their advice and help for people like me. thank you so much.

Gordon_Hose

Glad they dropped it

Culex

Gordon_Hose wrote: »

Glad they dropped it

They did not really have much choice in the matter.

As they might sometimes say in Scotland, "Facts are chiels that winna ding an' downa be disputed."

Gordon_Hose

Culex wrote: »

They did not really have much choice in the matter.

As they might sometimes say in Scotland, "Facts are chiels that winna ding an' downa be disputed."

Oh I know, it's just sometimes these parasites carry on chasing and being a pain.