Debt collection letter out of the blue

ALIBOBSY

I have a simular issue for a company called aktiv kapita, they have listed a default with an amount I don't recognise listing a default date of 2007, however it lists a start date in the late 90's and I know all cards etc from then were paid or settled, and I have nothing that ran all the way through till 07. I have read on her and other forums that DCA's can and do try to be sneaky and amend the default date to the date they bought the debt rather than the original default date. However this isn't legal. the default date is the date the original creditor terminates the agreement and confirms their intent to pursue the debt in other ways, it is normally served either when a certain number of payments is missed/only partially paid or when a payment plan is put in place.
I intend to challenge the credit file companies about this and see what details are forthcoming, if this is an old debt that was settled the default date will be much older than 2007 and I believe over 6 yrs old so should have expired.

First stop is to challenge the credit file companies. In BB case the problem may be the default date being too recent.

I would say BB needs to check equifax as well as it is rare any debt appears only on callcredit and not on the "2 E'S".
From your post the default would be probably from 2006 0r 2007 when you had payment issues. Unfortunately even if you had written acceptance from them of a full and final settlement the default doesn't expire for 6 yrs, companies can choose to remove the default and sometimes will as part of a payment agreement-especially if full payment is being made, but otherwise they don't have to remove it till the end of the 6 yrs.
I believe there was a court case where the debt could not be enforced due to a lack of agreement/proof as in your case, but the judge ruled they could still list the debt on the credit file as the debt still existed even though it was unforcable for the purposes of a CCJ or simular court judgement.

Ali x

bombblast1968

Thank you all for your comments. At the time of sending the payment I was advised that if I sent them an "offer" in full and final settlement, them cashing the money was deemed as them "accepting" the offer. Clearly I was wrongly advised. I shall contact the company again direct to speak to them again.

As for the 2 E's, I have been a subscriber to Experian for 4 years and this debt has never appeared on it and still doesn't. Last year when I was finding it difficult to get credit I obtained my Equifax report and there was nothing on there. Then earlier this year I was told by one lender that they use Callcredit, as I said i had never heard of them, but on getting the report I found out about this default on it for the first time.