What letter to send now?

avecane

Got a letter from Equidebt, wanting my partner to pay an old debt, a few years ago we were hassled for it so we sent a letter saying it was statute barred (which it was). Not sure if it's the same company as last time, this one says the creditor is Aktiv Kapital.
So do I send another letter telling them it's statute barred, prove it letter, complaint or a different one? And do I address it to Equidebt or Aktiv Kapital?
Sorry for any silly questions, I'm so confused!

Gordon_Hose

Statute Barred. Send the letter to whoever sent you the letter chasing the debt.

bluecoxy70

Hi,

I don't know if this is posted in the right place but i have had dealings with Aktiv Kapital and their various other names (Thames Credit,etc).To which i have stopped them chasing a old debt with a statute barred letter,no problems ever since.

That was until last month when they wrote to me about another debt with Barclay card.This one being back in my stupid spend,spend,spend days.This one goes back nearly 14 years,so i never bothered replying to them.

Then on Friday another letter arrived this time from a company called IND Ltd saying pay up by 01/02/12 or they will comence a county court claim being issued against me.I know this debt is statued barred as i have had or made no comunication with anybody about this debt for a good 10 years.I have checked my credit file on the two main sites and there is nothing about this debt on there.

Just wanted to know if anybody has heard of this IND Ltd before or are they just fishing for a reply.

Regards:money:

Gordon_Hose

IND are well known. If it's SB then issue the letter. Or, just ignore them and let them take you to court. Statute Barred is a complete defense. They wouldn't get anywhere.

:oD

When I was in my ealy 20's I ran up massive debys on a wedding, loans, store cards, credit card, but then I got an inheritance and thought I paid them all off or so I thought.
We lived abroard from 2003 to 2006 and then in 2008 I got a demand letter from these people. I just presumed I had missed paying someone and it is only after reading these messages that i am questioning it. I dont mid paying if I owe someone but I really do wonder if it is a duplicate. I have been paying £15 since 2008 and have paid off over £500 but they're putting 'default' on my credit rating every month and we have only just found out. Now I have been reading up on this web site i'm wondering if we have paid and it's a duplicate. I dont mind paying If I owe someone but now i'm not sure I do owe them. They might just be saying that I do.
I didn't keep track of paper work when I was young so not sure if I do or I dont and have changed banks about 4 times since then :oS How do I check what it is I'm oweing. I just presummed they were right and I was wrong

AKTIV KAPITAL (UK)...
Bank
Default £1,113
01/01/2012 AKTIV KAPITAL (UK)...

Account type:
Bank
Started:
23/12/2000
Current Balance:
£1,113
File updated:
01/01/2012
Default Balance:
£2,173
Defaulted On:
10/05/2006
Status history:
Last updated: 01/01/2012
8
Note:
A defaulted account is removed from your report after six years whether or not you have paid the debt in full. If you have paid some of the debt off, the balance should show how much you still owe.

Help! we are trying to get a mortgage but cant due to this default.
What would you surggest?

Sould we ask for proof of debt before paying any more? or
Pay them off as quickly as poss? or
carry on paing £15 a month?

endora

Defaulted 10/05/2006 means it should drop off in a few months as it will be 6 years in May 2012 so no need to do anything.

mooshoonew

Hi Guys

Sorry if Im bumping but don't know how to start a new thread and my question is relevant to this subject. I received a letter from Equidebt asking if I was a resident at this address and needed to contact them regarding a personal issue (ignored)

About one week later I received another letter saying in big bold letters - DEBT COLLECTION NOTIFICATION. It had the usual threats and how helpful they could be if I just contacted them, I'm no idiot, I have researched these types of people before and they are the scum of the earth. I went through hell with Aktiv Kapital and now these guys are acting on there behalf saying I owe £2000ish

Firstly what I've done is check all my credit reports, experian - EXCELLENT (no ccj's, defaults and a very good score) equifax - VERY POOR (again no ccjs, defaults, in fact everything is in order besides not being on the electoral roll and according to them all my current creditors do not have my current address, this is incorrect and I have emailed them to rectify) call credit (3/5 stars and again the only thing bringing me down is not being on the electoral roll but no ccj's, defaults once again)

The debt in question in by believe is statute barred, no payment has been made since Nov 2005 and no correspondence has been made since then in any form of writing. There is no defaults, ccjs or any information regarding any negative points on any of my reports. My current accounts are all in green, Ive never missed a payment and like I said, according to experian my credit score is excellent.

My question is as follows, do I first sent a Subject access request letter like this:

Making a Subject Access Request letter
(Insert own address)
(Insert date)
(Insert organisation address)
To the company secretary (if contact unknown),
Re: (insert name and current address)
I am writing to make a subject access request under the Data
Protection Act 1998 for any personal information you hold about me (or
include specific details about the information you require here).
(Insert any information you think the organisation will need to find your
information and to confirm your identity. For example, your employer
may need your payroll number, and a hospital may need your NHS
number; other organisations may require a document bearing your
signature for example your passport or your driving licence).
Please inform me, prior to processing this request, if you require a fee
to be paid.
I will look forward to receiving this information within 40 days. If you have any
queries or questions then please contact me on (insert phone number/email
address).
Yours faithfully,
(Insert own name)

followed by a time barred letter like this:


Your street and house number
Your town
Your postcode
Date

Address details of company


Dear Sir/Madam
Account No:
Your company has contacted me/us in respect of the above account which you claim is owed by myself/ourselves.
It is my understanding 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".
I/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 correspondence/payment/acknowledgement or payment of this 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 me/us in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against me/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".
I/we await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.
I/we look forward to your reply.
Yours faithfully

or do I just send this letter I found in your forum regarding statute barred debt I found in your forum:

1 High Street,
Newtown,
Kent
R21 4RH
Date

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

I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

Dear Sir/Madam

Account No:

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

I/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".

I/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 acknowledgement or payment of this 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 me/us in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against me/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".

I/we await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I/we look forward to your reply.

Yours faithfully




Mrs A N Other



I appreciate that the answer is probably staring me right in the face, I guess Im just after a little reassurance. Do I send a "prove it" letter followed by the time-barred letter or do I just send them the letter I found on your forum and be done with it?

Any other tips and advice would be muchly appreciated.

Kind Regards

Mooshoonew

mooshoonew

Hi Guys

Could someone please tell me how to move the above thread so more people can see it?

Kind Regards