Is this legal?

Gogster

I have a statute barred debt from a relationship over 8 years ago. We've periodically received letters from Aktiv Capital, but as I know the debt is barred they been shredded.

Today my mobile phone rang and a womans voice said she was from BT and needed to discuss my account. She asked for me by name, which I confirmed, she then asked me to confirm my address, date of birth and previous address.

I became suspicious.

I asked why she needed my previous address, at which point she said "I'm actually phoning from Aktiv Capital about a debt, can you confirm the details requested?"

I said no and questioned the legality of what she had done, I then hung up.

Given the letters and this phone call and the fact that this debt is statute barred, can I send a letter telling them not to contact me again?

Cheers.

VitaK

You can find the 'statute barred' letters here. They should stop any collection activity shortly thereafter.

fermi

If you are certain the debt is statute barred, then send the appropriate letter in this link.

https://forums.moneysavingexpert.com/discussion/2606811

Using tactics like that is certainly in breach of OFT guidelines, and possibly data protection guidelines as well if they are trying to get that by false representation.

You could complain, but unless you have a recording it may not be worth it.

iolanthe07

Just because a debt is statute barred does not mean it is written off (except in Scotland). The debt still exists and the creditor is entitled to chase it - though not through the courts. Presumably Activ bought the debt from BT and are now trying to get you to pay it (do you owe it?) They should not misrepresent themselves, though, and pretend they are from BT.

VitaK

OFT guidance states that is is unfair to continue to press for payment after the debtor have stated that he will not be paying because the debt is statute barred.

They should cease collection activity after you send them the statute barred letter.

iolanthe07

OFT guidance states that is is unfair to continue to press for payment after the debtor have stated that he will not be paying because the debt is statute barred.

The OFT may well say that it is unfair, but it is not illegal unless it amounts to harrassment.

VitaK

Breaches of OFT debt collection guidance is treated seriously by the OFT when considering there fitness to hold a consumer credit license.

Also, the debt collector would be severly restricted in there collection activities when collecting a statute barred debt.