Aktiv Kapital issued County Court Claim

mrs_yorkshire_2

I Hope someone can give me some help on this as I feel time is running out.

About 15 years ago we took out a loan with a compamy called AVCO Trust and was unable to keep up the payments at some time we received a letter from CitiFinancial saying they had taken over AVCO and now our debt was owed to them. Over many years we have intermittedely received letter from Aktiv Kapital saying we owed £6636 for this debts as we didnt understand as much as we do now we tended to ignore it and Im sure we never made any payments Then in 2008 we received a letter from them threatening to make us bankrupt so stupidly we arranged to make payment of £15.00 a month by direct debit after about 6 months we noticed that they were increasing the amount of the DD so we cancelled it with our bank. Again we started received letters mostly saying if we paid an agreed amount the debt would be wrote off at one time they were willing to take £2500 we still ignored them. In Feb this year we then received a letter from JP Priestly Solicitors acting on their behalf and that if we didnt pay the full amount we would be taken to court I wrote back with the Statute Barred letter as I had tryly forgotten about the few payment in 2008 of course they wrote back saying as we had made payment it was not statute barred and we had to pay up immediately. Before we could get back to them last week we received a County CourtClaim form for £10059.63 the initial debt plus interest. We now feel sick I contact a debt advise line who said that we had to reply to the Court dispiting this giving our reasons which we have done and request a copy credit agreement and full statement of account from Aktiv Kapital which I did they signed for the letter last friday the 16th March if and we are hoping they cannot produce any paperwork are we saved or as someone else advised us if we didnt pay anything for 6 years prior to 2008 it was statute barred.

Any help would be appreciated as we are so desparate

nottoolate

mrs_yorkshire wrote: »

or as someone else advised us if we didnt pay anything for 6 years prior to 2008 it was statute barred.

that is true. did you say that on your reply to the court?

mrs_yorkshire_2

I think we were trying the copy of agreement route first please dont tell me we have messed it all up

mrs_yorkshire_2

But will I need copy of agreement and statement of account to prove nothing was paid prior to 2008 sorry to keep asking silly questions

nottoolate

if it was statute barred before you started paying in 2008 then it is still statute barred now. that should be on any defence sent to the court as its a complete defence on its own whether you also dispute the credit agreement or not.

if youve already submitted your defence then you should get some legal advice on how to get that ammended.

Gordon_Hose

If there was a period of 6 years with no payment or written acknowledgement then it is still statute barred. Don't bother trying to get the agreements as they are irrelevant.

It is then for them to prove the debt isn't statute barred.