Activ Kapital - Help Needed!

buttonmoon

I went to see me dad earlier and spotted a letter from Activ Kapital in the living room. At first he wouldn't let me see it but I demanded that he let me see it. It is a letter from Activ Kapital - reference LTSB Consolidated - Loans & OD - Loan GT Value say that he owes them over £20k. I tried to ask by dad what it was about but he says that he deosn't owe them money.

What makes the situation worse is that my dad is on benefits and cannot work because of his health. To be honest most of the time he doesn't know what day of the week it is, so he cannot really deal with this himself but I know he is quite worried as these people are calling him lots and sending him letters.

As my dad can't sort this out himself what should I do? I have no information about the debt. Should I write to them (and get my dad to sign the letter) to see if they have a copy of the credit agreement? As I cannot get any sense out of my dad I cannot find out if this debt is statute barred. Is this anyway to find this out.

Please help

fermi

I think one of your best options may be to make an appointment with a CAB debt advisor, if your dad will do it. (link in my signature to find details of your local CAB).

That way as long as your dad agrees you can probably sit in on it with him.

They will help him/you see what can be done. They can help you write letters on his behalf as well.
If his condition is such that it is advisable to be granted some administrative rights over his affairs then they can advise on this as well.

GeorgeUK

Have a read of this thread for CCA and statute barred letters.

http://forums.moneysavingexpert.com/showthread.html?t=578486

Done a quick search on Activ Kapital and it seems they are known for "trying it on". I would definately write requesting a copy of the CCA and make sure it has "I do not acknowledge any debt to your company".

If they debt is genuine, then the dates should be on the CCA and you can then see if it is statute barred.

Edit: lol thanks fermi - was just hunting out your signature to suggest what you just said

It seems this company is quite well known for chasing statute barred debts as well as sending a debt to people with the same name - en mass.

fermi

GeorgeUK wrote: »

If they debt is genuine, then the dates should be on the CCA and you can then see if it is statute barred.

Edit: lol thanks fermi - was just hunting out your signature to suggest what you just said

It seems this company is quite well known for chasing statute barred debts as well as sending a debt to people with the same name - en mass.

Well known is not the word.:mad:

Be aware that the 6 year limitation period runs from the last time that the debt was acknowledged in writing or by payment by your father (not AK). This may be later than the dates on the CCA.

If you do a CCA request then use the template from the National Debtline site (finding a link) since it also asks for a full statement of account/payments.

As GeorgeUK says, if you decide to write any letter at this stage head it with:

I/we* do not acknowledge any debt to you or any other company or organisation that you claim to be representing

tallyhoh

If you dont mind me asking, what is wrong with Dad? I had problems when FIL started with dementia & had taken a loan out with the AA (the car AA not the other one).

You could try getting a letter from Doc to say he is unable to deal with problems or get power of attorney like I did in the end to get it sorted.

I think that your idea about writing a letter to see agreement is good, no use paying if he dont owe it or its statute barred.

fermi

The letter is here if you should need it. But I would contact CAB (or similar) if you can.

1 High Street,
Newtown,
Kent
R21 4RH
November 11, 2007

The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG

I/we* do not acknowledge any debt to you or any other company or organisation that you claim to be representing

Account No: 4563210025897412

Dear Sir/Madam

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement and a full breakdown of the account including any interest or charges applied.

We understand that under the Consumer Credit Act 1974 [sections 77−79], we are entitled to receive a copy of any credit agreement and a statement of account on request.

We enclose a payment of £1 which represents the fee payable under the Consumer Credit Act 1974.

We understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

We understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.

We look forward to hearing from you.

Yours faithfully




Mr A N Other

buttonmoon

Thanks for all the advice everyone. Basically my dad has always been rubbish at dealing with his finances. He is an alcoholic, the last time I went to the hospital with him they said that they thought he may have brain damage as he has been having blackouts. I had a chat with him this afternoon about whether it would be a good idea for me to get power of attorney which suprisingly he agreed to. The only problem I have is that I don't know if he is mentally capable of giving me this. I understand the process is quite simple if the can consent to give power of attorney providing they are mentally capable of doing so.

I have tried to get hold of the CAB where I live when my dad has had problems before, but they are impossible to get hold of on the phone, I tried to pop in a few times (but they always seem to be closed during theie opening hours), and I have even faxed them!

I think I will send the letter asking for the CCA (which hopefully they won't have). If they do come up with it then hopefully I will be able to work out if it could be statute barred or not.

I know that my dad has made some payments to AK, because they rang him up demanding money. Does this effect whether the debt is statute barred not?

Thanks

fermi

That's a pain about the CAB, but in some areas they are swamped at the moment and very short of volunteers.

There's a site somewhere (government one somewhere) that explains in great detail all the different ins and out of gaining a power of attorney. Another hunt for a link. Plus if it's a question like that CCCS or National Debtline can probably answer that as well.

A debt becomes Statute Barred if there is any 6 year period without acknowledgement from your father (in writing or payment). Once it is barred it can't be unbarred. So even if he has made a recent payment after a six year gap then that doesn't unbar it.

See: http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

if you haven't looked at it before.

fermi

Easy to find link in the end.:o (first hit in Google).

http://www.publicguardian.gov.uk/

rog2

I'd just like to add my voice to fermi and George's advice. Activ Kapital are a particularily nasty example of what hides behind the banner of debt collection agencies, so it is a good idea to have a look at the OFT Debt Collection Guidelines, to see how they should behave:

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

Good Luck

rog2

buttonmoon wrote: »

I know that my dad has made some payments to AK, because they rang him up demanding money. Does this effect whether the debt is statute barred not?

Providing that these payments were made after the expiry of the Limitation Period, they will not affect the status of the debt. Once a debt becomes statute barred it remains statute barred.