ActivKapital

Jez_Ross-Smith

Hi all,

Firstly I want to thank you all with some great advice I have got from this site over the years. It has helped me reduce debt from around £18,000 at it's height in 2006. With a lot of hard work and repayment schedules this is now down to just under £6,000 and I will be completely debt free in 17 months time! Couldn't have done it without the great advice here so keep it up.

However I have received a surprise in the post this morning. I received a letter from Aktiv Kapital this morning demanding £302.00 After a little email exchange they asked me confirm when I left a particular address. To my surprise it was one I left in October 1998!! They replied with a copy of a credit account I opened at Burtons in April 1998 and they state in their email that my last payment on this account was £143.00 on the 25th September 2007.

I have asked them for details of this payment as I do not remember it.

What are my rights here? I know morally I should probably pay it, but I have been paying so much for so long to get myself free of debt, this is just something I don't need. I am also going to be made redundant today as the company i work for is going bust. I own my own home with my wife mortgage free (as my father in law bought it outright for us) so I really don't know where I stand. With losing my job, my wife and I can scrape by with our current commitments for now but I really don't need this.

Any advice on my next move would be appreciated.

Tixy

Do you know for certain its your debt? did you have a burtons account that may have had a balance? do you think its likely you paid it in 2007?

Even if you did pay in 2007 could there have been a period of 6years (5 if in scotland) where you made not payment at all towards this debt?

fermi

Were payments made between 1998 and 2007 when they claim the last one was made?

Basically, if there was a period of 6 years during which you neither made a payment not acknowledged the debt in writing, then the debt would be statute barred.

If Aktiv want to claim you paid in 2007, or there was not a period of 6 years where you did not, then the onus of proof is on them.

Jez_Ross-Smith

This is definitely my debt.

I have just received the transaction history from them but it only goes as far back ad 29/07/2000.

It shows I made no payments from 29/07/2000 until 13/09/06. I then made some payments until 25/09/07 (which I still can't remember but my life was a mess at that point!) then nothing to date.

Does the 6 year period between 29/07/00 until 13/09/06 count?

Tixy

Yep absolutely - that is assuming that you did not write to them (or the original creditor) in that time to acknowledge that the debt was yours.

Assuming you didn't then the debt is statute barred - and you can follow the template in this thread - https://forums.moneysavingexpert.com/discussion/2606811 have a read of the first post to make sure you think it is SB and then the template you would want would be on post #6.

fermi

If those dates are correct, then yes.

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".

It is clear that there was a period of 6 years where no acknowledgement or payment of this debt was made.

Consequently this debt is and remains statute barred under the Limitation Act 1980.

This clearly states:

"a right of action, once barred by this Act, shall not be revived by any subsequent acknowledgment or payment"

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

Jez_Ross-Smith

Thank you both so much. I can't remember acknowledging the debt but guess I did as perthe payments around 2006/07 so I might be close to the line. However I guess the missing transactions between 1998-2000 might also show this!

fermi

If Aktiv want to claim that there was never a 6 years gap in acknowledgement or payment, then it is up to them to prove it.

And by proof, I mean something that would stand up in court. Not just their word for it.

If they can't show that, then they can "take a run and jump".

Jez_Ross-Smith

Thank you so much! It worked!! Just received this by email....

Dear Mr Smith,
!
We refer to your most recent email.
!
We have investigated the issues raised in your communication, and can confirm that legal action on this account would be statute barred under the Limitations Period. We have therefore taken the decision not to pursue this matter any further.
!
We can confirm that the account is now closed and you should receive no further contact from us with regards to this matter.

I'm very relieved! Thanks again!

Tixy

Excellent - and a very speedy response.

stokelady

wow - what a result - well done - im off to do the same with RUTHBRIDGE ! Grrrrr wish me luck !