Default on a default

techz_2

Back in 1998 i had a burtons card, they sent me a statement which read i owed them 380 Pounds, This was a typo as the true balance should have read 38 pounds, so i basically refused to pay. Burtons Put a default on my credit file back on the 30th Jan 1999. I have lived with this on my credit file ever since as no matter how many letters i sent to Experian or Burtons they refused to erase it.

From reading other stories here i presume the debt should have become statue barred on 30th Jan 2005 as this is 6 years, Now out of the blue i have had a letter from Aktiv Kapital (UK) Ltd who inform me that they have bought this debt and worst of all after checking my credit file they have issued a new Default against me dated 6/6/07. Surely there must be something i can do or do i really have to have this on my file for another 6 years. Can u really Default on a Default that has expired?? Surely you can only default once, after all whats to default on? Its not even my debt. I challenged them to take me to court which they wont do but they have wrecked my credit file for long enough can these firms just throw Defaults around with abandon anytime they feel like it??

Yours in Frustration
Techz

trying-very-trying

I'm sure someone will be along shortly with more experience, but I would think that it's time barred. Maybe try your CAB?

SPANIEL36

on previous posts, people have said to write to AKTIV denying knowledge of the debt with them and asking for proof (eg ask them for a copy of your origional credit agreement) i think you have to send a cheque for a ound for this....they might moan or hasle for a bit but odds on they wont be able to do this and cancel the debt and default. there's plenty of posts mentioning AKTIV if you put it in the search box they will come up. keep us posted

lemma1968

I would send a Postal order rather than a cheque cos DCA's have been known to be quite active with their cutting and pasting facilities on the comps. Do not give them anything with a signature on it.

Also, send it at least recorded delivery so you have proof of postage and delivery.

Its 12 +2 days that they have to come up with it, that's working days.

If after a further 30 days they have not complied they will have technically committed a summary criminal offence.

For templates of the relevant letter, go to:

https://www.consumeractiongroup.com/forum and find the letter templates section, letter N.

You can post in the forum there as well and people will be able to help you as there are specific sections on how to deal with DCA's.

If they cannot come up with it then it is unenforceable until the point they do find it and send it to you.

If they start court action and they have not provided the CCA then it is a defence to any court action.

There is also a specific section on default removals that may well assist.

Hope that helps you.

SPANIEL36

i knew someone would come along an explain it better than me!!

lemma1968

What contact have you had with them? by phone or have you written to them?

techz_2

Thanku very much for the replys.

Ive had no contact with Aktiv other than an email i sent them saying the debt isnt mine take me to court if you want you'll lose.

I have sent experian a few typre letters over it, but never get any joy from them.

lemma1968

just don't acknowledge the debt at all - making a CCA request is not acknowledging it and puts the account in dispute so they can do nothing in the interim.