AKITV KRAPITAL - Call Serve Limited

doe

Hi guys,

I hope u can help me with some expert advice.

My wife have recently returned to the UK after a 4 year absence. About a month ago, she opened a new bank account and changed the address on an old dormant account to my address. This morning she received a letter from CALL SERVE LTD on behalf of DEBT MANAGERS LTD-AKITV KRAPITAL asking for full payment of a £5k+ debt.

She hasn't got a clue what its for. I vaguely recall she have some issues over 7 years ago about some entries on her credit file which she disputed and reported to the police at the time. One was for a CCJ.

She is now getting stressed over it. And i am not sure how to proceed.

She is currently staying at mine until she can sort out her own accommodation as we are separated.

My 2 questions are how do i tackle Call serve? And have they got a right to come into my property? I own everything 100% including the house. Do they have any right to remove property if she owns nothing in the house.

Thanks
D

MCBIRNIE25

Hi rule number 1, if this debt is over 6 years old, do not acknowledge. Send this letter :-
1 High Street,
Newtown,
Kent
R21 4RH


June 28, 2006


The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG


Dear Sir/Madam

Acc/Ref No 4563210025897412

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

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”.

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

We look forward to your reply.

Yours faithfully
Mr A N Other
__________________

climbgirl

If she doesn't remember what it's for, write to them and ask for proof of the debt. Say you do not acknowledge this debt (that bit is really, really important) and that you believe it's not yours. There are template letters on this site, search for them (I don't have time for that now sorry).

Debts are statute-barred after 6 years from the last contact. Last contact means any calls, payments, letters written about that debt. Not 6 years from when the debt was incurred. So it may well fall outside the time period even if it does turn out to be hers.

Does she still have police reports etc from the CCJ disputes earlier? She may need those if it turns out to be the same debt.

First step is to write the letter and ask for written proof of the debt (stating you don't acknowledge that it's her debt). A lot of DCAs just try it on and hope that people will just pay up through fear and ignorance of the rules.

MCBIRNIE25

Just to expand, after 6 years, where there has been no contact, then the debt becomes statute barred, and legally cannot be pursued anymore. Send that letter, they then have to provide proof there is a debt, when that happens, we move on to the next stage...

climbgirl

Cross posted! At the start of the letter make sure you write "I do not acknowledge this debt".

One more thing - if you do get bailiffs at your door, do not under any circumstances let them inside. Once they've been in they have the right to come in again at anytime, even if you're not there and take goods. So make it quite clear if they come that they're not allowed in!

doe

Thanks for the quick replies. Was busy swotting up on the legal position.

From reading other threads, seem AKTIV KAPITAL ASSET INVESTMENT maybe something to do with Barclays. Now i am wondering if there is something my wife is not telling me.

I personally don't have any issues. But can DCA take my properties for suspect debts tagged against wife

rog2

doe wrote:

I personally don't have any issues. But can DCA take my properties for suspect debts tagged against wife

Short answer doe - NO. :beer:

doe

thanks Rog2