Thames Credit on Behalf of Aktiv Capital...?

uncle_pablo

HI, In June I received a letter from Thames Cedit on June 11th asking me to confirm if I was the person they were writing to.

After reading about some of the practices on here about DCAs I ingored that letter.Yesterday I recieved a letter from them informing me that the are acting on behalf of Aktiv Kapital and are owners of a Barclaycard debt of £1,100.

I did have a barlcaycard in Uni in 1996 and got into a spot of bother over it and over the years I didnt know who or how to pay off the debt.I have read that I should request the original signed credit agreement before acknowledging this debt to be mine - is this correct????

Would they be able to produce this document after all this time???I have seen some letters to send - can someone please paste the letter here for me ( I know the wording has to be exacy on the letter!).



Also, I am concerned that I am currently remortgaging and so far I have had no credit problems at my new address (had a few credit checks lately for furniture etc). Could this affect my credit file?????????????????

If you have any advice that would be great - also has anyone been able to shake these people off????Pablo

rog2

If you have not made any payment to, or made any written contact to, the original creditor, or his agents, regarding the original debt, for a period of six years, then the 'alleged debt' will, almost certainly, come within the terms of the Limitations Act, 1980, and will be Statute Barred. This means that, once you have informed the creditor, or his agents, that you will not be paying it, they can no longer pursue you for payment.
Go to http://www.nationaldebtline.co.uk and you will find a template letter which you should send to the dca. I would also send a copy to Barclaycard.

uncle_pablo

Thanks for the prompt reply


Im not too sure when I was last in contact regarding this debt - is there anyway to find out? I went through a rough time and cant seem to remember many things or have any paperwork.< br>If someone can post the letter on the forum that would be great as the work firewalls have blocked those sites
At the momemt Im more worried about my credit file and my remortgage - any adivce would be superb too.
Thanks again.
Pablo</p>

fermi

This is the letter:

Your name
Your address

Today’s Date

Name of Company
Address of Company

Without Prejudice.

I DO NOT ACKNOWLEDGE ANY DEBT TO YOU OR ANY OTHER ORGANISATION OR COMPANY YOU CLAIM TO REPRESENT.

Dear Sir/Madam

Acc/Ref No xxxxxxxxxxxxx

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

The last acknowledgement/payment/correspondence of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

I look forward to your reply.

Yours faithfully





Your Name

Adjust the green bits to suit your case.

You MUST send it via recorded delivery so you have proof.

uncle_pablo

fermi wrote: »

This is the letter:
Adjust the green bits to suit your case.

You MUST send it via recorded delivery so you have proof.

should I send this even though im not sure if Ive had contact within the last 6 years? I know its definately more than 4 years but 2000 - 2002/3 is a bit of a grey area for me....

Thanks again, Pablo

rog2

uncle_pablo wrote: »

should I send this even though im not sure if Ive had contact within the last 6 years? I know its definately more than 4 years but 2000 - 2002/3 is a bit of a grey area for me....

In which case you should send the letter that is in the following link:

http://forums.moneysavingexpert.com/showthread.html?p=5485405#post5485405