HELP! Aktiv Kapital & IND chasing a very old debt?

Beedee75

sourcrates wrote: »

I am still confused about this, you say it hasn't been to court, yet you also speak of judgement dates, just to clarify, a judgement can only be handed down by a court, ie, a county court judgement, you would of received letters from the court, with a Northampton postmark, clearly stating what they were, you say these letters are all from IND? I assume that's a DCA yes ? if that's the case then they have not got a judgement, can you clarify the position as your original posts are confusing cheers.

Hi,
no it hasn't been to court, we did receive a Claim Form from Northampton Court but IND said "We can confirm we will not be enforcing the judgement until they have complied with my request under the Consumer Credit Act 1974 s77-78.
All the letters from the court are Statement of means letters not actual court dates?
Sorry to confuse you all Im extremely confused!!!!
My last reply from IND was the sale of deed and a photocopy of the agreement dated 10/2000. They have said that they have complied with all credit agreements I'm not so sure ?

Beedee75

How do I start my new thread? complete novice & sorry to intrude on others threads

Beedee75

Help...
In November we received a Court Claim letter re:-credit card through MBNA it came through Aktiv Kapital AS Zug Branch & IND saying we owed them a huge amount of money...so I followed all the letters that was posted on here the 1st one stating we have no knowledge do the debt and they must prove all relevant info/paperwork we sent this 13.01.2014 we received a reply on 06.02.2014 saying they will be looking into it and that court proceedings have stop until further investigation. They also sent countless letters ask us to call them..YEH RIGHT!!! Now I understand that they had 30 days to provide all relevant info otherwise they where breach the law.
So once again I sent the 2nd letter stating this fact...they replied saying they are still looking into it & I should call them ASAP!!
I'm not that stupid to pick up the phone...
Now last week we have received a huge letter with photocopies of the agreement and deeds of assignment but what concerns me is this... The card was taken out in 2000 last known contact we had from them was way back in 2004 so am I right to assume that this is now Statute Barred?
I'm also concerned that they are being very crafty with their dates...on our new letter it says the judgment was enforced 14 January 2014 when I have the letter (dated 29.11.2013)and judgment (dated 18.12.2013) no other judgement has been sent to us???

We haven't been to court and they stopped the judgement as soon as we sent the letters. Their response was
"We can confirm that we will not be further enforcing the judgement until we have complied with your request under the Consumer Credit Act 1974 s77-78"
What also baffles me is I thought the people who own the debt "Aktiv Kapital" are the ones who should be responding not the debt agent "IND"
All our correspondence are with IND?
By judgement I mean a letter with all the court papers came dated 18.12.2013 When I sent off the 1st letter they replied with a statement at the end say " Please note that we are not enforcing the judgement until we are able to supply you with the documentation that you previously requested"

Then when I received all the docs yesterday it then said at the end of the letter " we can confirm that we will soon be making arrangements for enforcement of the judgement entered on 14 January 2014"

But judgement has been entered on the 14.01.2014 as I have all corresponding letters and know where does it say this. All these letters are from IND.
PLEASE HELP I'm at a loss what to do next & drowning in paperwork!

Beedee75

eyeopener2 wrote: »

Bedee 75

Best start your own thread, it's easier to reply to.

Started a new thread under "Help Aktiv capital & IND chasing old debt" i hope this is right

Stewart_78

Have you made a payment of any type at all or acknowledged the debt (in writing) in the last 6 years? If the answer is no then it's statute barred and they can't take you to court for it. There is a statute barred template letter somewhere that you can send them.

Aktiv have probably just bought the debt for a few pennies in the hope you won't know this and will be scared into paying them something. Just keep denying any knowledge and tell them to stop harassing you.

Stewart_78

I should add that the debt does still exist and they may keep chasing it for ever. It's just that they can't enforce it through the courts.

Becka38940

From the way you have phrased it, it sounds like they already have a CCJ in which case you would need to get that set aside using a statute barred defence before anything else.

Enforcing the judgement would usually be something like bailiffs or attachment of earnings etc, so you definitely need to act.

Firstly you need to establish if there is still a live judgement, I would suggest checking your credit file as it's been a few months. Secondly, if you have evidence which shows you did not make contact you should apply for the set aside.

National_Debtline

Hello there,

As Becka has already mentioned, you *may* be able to apply to have the judgment set aside if it was statute barred at the point judgment was obtained against you. You can learn more about the process via our fact sheet which you can find *here*.

Best wishes,

David @natdebtline

Beedee75

Hi,
The last know (guessing) contact my husband can recall is way back in 2006/2007 on the phone, then we haven't heard anything since then up till now. On reading the sale of deeds agreement that IND/AKTIV KAPITAL have sent they bought this 29th February 2012 a lot of it is blanked out it doesn't list any payments or last payments made.
I've checked my husbands credit score and the court is listed on there but it say "unforced" ??? think this maybe when IND said they weren't enforcing it until all documents I requested where sent.
I have wrote out a letter template that was posted on here about 'Statute Barred' although I haven't sent it yet as I am not sure if I should or not?
Am i write in thinking they have to provide record of payments and contact that have been made by us?

Beedee75

Should I contact the court informing them that the debt is now Statute Barred or not?


'HELP'