Can I get this debt written off??

nottoolate

thatsean wrote: »

The op has been paying them, acknowledging the debt monthly. SB does not apply.

wrong.

if the debt was statute barred in 2009 then it still is now.

Limitation Act 1980 S29(7)
(7) Subject to subsection (6) above, a current period of limitation may be repeatedly extended under this section by further acknowledgments or payments, but a right of action, once barred by this Act, shall not be revived by any subsequent acknowledgment or payment.

NPowerUser

Best of luck getting some of your debt written off.

Out of the blue I received an offer from Capital One to get a massive chunk of my debt written off. They advised it would have a special flag on my credit file showing it as satisfied through partial settlement.

In the real world we all like to be able to pay off what we owe in full, financial circumstances and income prevent many from doing so, best of luck my friend.

eyeopener2

nottoolate wrote: »

wrong.

if the debt was statute barred in 2009 then it still is now.

Exactly - and nice one for jumping on that straight away NTL.

DCAs rely on people not knowing the law.

This could be an interesting one if the OP pursues it.

E2

antrobus

Gilka wrote: »

I've been paying Aktiv Kapital for the last four or five years. .....

Gilka wrote: »

The loan would have been taken out in the early 2000's ...

Given those facts, then one cannot exclude the possibility that the debt became statute barred at some point prior to Aktiv Kapital's involvement. However would it not be necessary to demonstrate that there was a six year gap between the last payment on the original loan and the first payment to Aktiv Kapital?

thechippy

Looking at this. It's now 2012 and the op has been paying AK for the last 5 years, that takes us back to 2007.

If the loan was taken out in the early 2000's as stated, then the chances of it being sb are looking slim.

As stated, only the op can find out from their own records when the last payment was made before the first payment with AK.

As per NTL, I'd CCA them straight away and see what comes back...;)

fermi

Given that a vary large proportion of the debts I see go to Aktiv Kapital are statute barred before they get them, then I'm not sure I would go with "slim" exactly? 50:50 bet at least I would say, if not more.

But yes, only going to be able to work that out by looking at their records.

Requesting the CCA would also, as said, be wise.

Aktiv Krapital are very much a "bottom feeder" when it comes to debts. More often than not, there is some problem that meant the account was dumped by the OC (or other DCAs) and passed to Aktiv.

thechippy

I see what you're saying Ferms, but if the loan was taken out early 2000's - this would mean maybe 2001 / 2002. As AK have been being paid for maybe the last 5 years, that would mean that the OP would have had to take out the loan and cease repayments virtually immediately for it to have any chance of being sb. That's why I feel it's slim.

It's maybe more likely AK have got it due to either no paperwork or dodgy paperwork..

fermi

I see your point, but who knows what happened?

People can take out a loan and then have a sudden change in circumstances. And depending on dates there may be a bit more of a gap than you presume. "early 2000's" and "4 or 5 years" are fairly vague recollections, and could add up to an 8 year span if you take either end.

Not saying it is. But wouldn't unjustly discount the possibility either without more concrete info

I think with Aktiv it's usually worth checking the records to look at the SB status at the very least. Would not have been unusual for them to get the account literally just after the SB date.

They are that kind of company. So so so so many of the account they get are just SB.

If it did turn out to be statute barred, then that could be simpler than faffing about arguing the toss over credit agreements. Or at least, strengthen the case immensely.

thechippy

Hopefully, the OP will get back to us soon eh?

Gilka

I've just got to locate the original letter they sent me, I'm in the middle of packing to move house at the moment, I've seen it recently so it's just a case of putting my hand on it. I'll come back to you as soon as I've got it....... :-)