Statute Barred Help

N1kko

I sent a Statute Barred letter to Aktiv Kapital for a debt they have been chasing which I believed was older than 6 years.

I received a letter back saying the last payment made on the account was 22nd Dec 2008 please find statement enclosed. Just wondering if there is anything I can do next or just pay it?

Thanks

sithemadmonkey

Did you actually make that payment? It's not uncommon for DCA's to 'invent' payments, so go through your bank statements and check whether or not you actually made a payment then.

If you did make that payment, then was it the MSE one that says 'I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.' at the top? If so, then ignore/stall them until 22nd Dec, at which point it will be SB, and they can whistle. This obviously doesn't count if they're in the process of issuing court proceedings, in which case come back for more advice.

sourcrates

You need to be certain weather you made this payment in 2008 or not.
The same goes for the DCA, they would have to prove this payment was made, should it go to court, do you remember making such a payment ?


You don't have long till the December SB date, and its usually the time court action is taken, could be they are bluffing, its a case of wait and see, if they do proceed, you need to come back for further advice.

N1kko

I will try check back on my bank statements. I honestly can not remember.

I will hold out as it's only a few weeks really so once it hits what they are calling the six years they can't chase anymore is that correct?

Thanks for the help

McKneff

They can still chase it, you still owe it even after 6 years.


It just means that they cant proceed with a court case for it.


Check you bank statement for peace of mind

Marc_Lewis

I have something Similar.
Lloyds Banks sold my debt to Lowell Portfolio 1 Ltd for a debt from 2004, who have now issued me with a County Court Summons. I offered a defence to the CCS with comments to the effect that the debt is "statute barred".

I have now received a "General Form of Judgement" asking me to complete a "Directions Questionnaire" with respect to the case being passed to the Small Claims Track for Settlement/Mediation.

Surely if I complete this then that action alone places me in a position where I am acknowleging the debt and thereby null and voiding the "Statute Barred" requirements. Please help, I only have 2 days left to respond or a Judgement will be entered against me.
Thanks in advance

sourcrates

Marc_Lewis wrote: »

I have something Similar.
Lloyds Banks sold my debt to Lowell Portfolio 1 Ltd for a debt from 2004, who have now issued me with a County Court Summons. I offered a defence to the CCS with comments to the effect that the debt is "statute barred".

I have now received a "General Form of Judgement" asking me to complete a "Directions Questionnaire" with respect to the case being passed to the Small Claims Track for Settlement/Mediation.

Surely if I complete this then that action alone places me in a position where I am acknowleging the debt and thereby null and voiding the "Statute Barred" requirements. Please help, I only have 2 days left to respond or a Judgement will be entered against me.
Thanks in advance

Beast to either ring the court for advice, or ask on the Legal Beagle forum, they are more geared up on all things legal !!


http://www.legalbeagles.info/forums/forum.php