A bit of a scare - statute barred?

edited 2 December 2011 at 5:13AM in Debt-free wannabe
6 replies 1K views
PabbyPabby Forumite
4 Posts
edited 2 December 2011 at 5:13AM in Debt-free wannabe
Hello all,

Firstly i would like to say thank you for any help in advance. You guys on here are saviours for many people who never post, so speaking on behalf of the silent majority....you're great!

Right, i received a letter from EquiDebt, with regards to a creditor 'Aktiv Capital UK Limited'

The debt refers to a bank account

I had no recollection of the debt, so called them up and only confirmed my name, date of birth and address, and asked them what this was in relation to. The guy on the phone said that the original debt was from 2004, and was on an address which i have never lived at.

I have pleaded complete ignorance over the phone, however, i have some recollection of having an overdraft which i may have left unpaid, so it is possible that the debt does belong to me.

Equidebt at present are gathering information as to the origin of the debt, as i have informed them that not only do i have no recollection of the debt, but have also informed them that they may have the wrong person altogether. I have in no way shape or form indicated that the debt is anything to do with me, in fact quite the opposite.

My question is what do i do next? He said it may be 2-3 weeks before they get back to me as they have to contact the original debt company (which i assume is Aktiv) and confirm the details. At that point i'll know if it is my debt, and will respond with a 'statute barred' letter, but should i write a 'prove it' letter beforehand? I already know what it is in relation to, but it seems as if they have so little to go on, even if they come back with the original bank details etc....there is no way that they will relate to an account with activity later than 2002, and i have never paid, or agreed to pay Aktiv or the original bank any money in relation to the debt since that time.

What to do now? If you could help me so i don't make any silly mistakes with this one that would be great. I would rather be pro active and over cautious, but don't want to mess up whilst doing so!

Thanks for all our help, i know this is a bit of a weird one, so please feel free to ask any questions if i haven't explained myself properly.

Kindest regards,

Replies

  • Sit tight and wait to see what they come back with. Then hit them with the Statute Barred letter, provided it is, in fact, now SB.

    Which is 6 years from last payment or acknowledgement in writing.
  • Sit tight and wait to see what they come back with. Then hit them with the Statute Barred letter, provided it is, in fact, now SB.

    Which is 6 years from last payment or acknowledgement in writing.

    Thanks for your reply.

    This is where i am a little confused. What if i have never made a payment and never acknowledged the debt? i.e i just had a bank account at an old address and moved on before a payment arrangement etc was sorted out,(which was over 6 years ago.)
  • Then it will be statute barred from the day you first missed a payment.
  • PabbyPabby Forumite
    4 Posts
    Then it will be statute barred from the day you first missed a payment.

    Thanks again for your reply

    I'm sorry but i think you've misunderstood. I have never missed a payment, because there was never a payment to miss if a payment arrangement was never setup. On a debit card there is no monthly payment like a CC so there was nothing to miss.

    It suppose it's similar to having an overdrawn debit account, then just going abroad for 8 years. You wouldn't know if there was a payment arrangement organised for the debt, as you've never seen the paperwork.
  • fermifermi Forumite
    40.6K Posts
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    The missed payment would be when the overdraft was called in by the bank, and you failed to pay within the specified time.

    i.e. if the bank wrote and said we are withdrwing the OD and require it to be paid in full by **/**/20**.

    If the OD didn't have a fixed end date, then it could be hard to say what the earliest or latest date that may be.

    So for now I would just hang fire and see what details or paperwork the DCA coughs up. That may shed some light on it.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

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  • edited 1 December 2011 at 3:47PM
    bobbyhookbobbyhook Forumite
    7 Posts
    edited 1 December 2011 at 3:47PM
    Hi im not sure what do in my situation

    I took a car finance loan with a company called blue motor finance i stopped paying and asked them to take the car back which they didnt want to do. Eventualy a collector turned up on my doorstep asking for it so i gave to them.

    I have sinced moved house and not contaed them however recently i recieved a letter explaining i need to pay the outstanding balance from BMF

    I have checked my credit file and never recieved a CCJ either

    Yesterday i recieved a had deliverd letter from a company wanting to arrange to review and prepair a personal finance situation report for the finance company.

    Im not sure how long ago i stopped paying its either over 6 years or very close. Do i contact them and ask them the last date i paid?

    Also i recently i found the following of another website...

    "Target Loan Servicing has won a contract to take on the loan portfolio of Blue Motor Finance, the non-prime lender which ceased originating business in 2008."

    Since BMF have ceased does this help me in anyway?

    Thanks
    Bobby
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