Help Needed With Aktiv Capital

alfiemoon_2

:mad: can any one help please. a few weeks ago i received a letter from these people saying i owed money so i followed advice and sent a letter back with a pound asking for a copy of agreement etc . i have now got a letter back saying
in reponce to your request we are not the original creditor nor did we provide you with the original credit facility.
we purchase your outstanding debt.
we did not purchase your actual agreement. consequently we have no obligation to provide you with a copy of that agrrement.
however as a matter of good practise we have tryed to obtain a copy of the original agreement from the original creditor, and thay have adviced us it is not availible.
any imformation that is blacked out is sensitive to the company.



the copy i have been sent just has barclays stamped on the top page and nothing else stateing my name or any details just a load of blanked out bits and nothing that makes any sence really.it does have a date of 28th june 2002.




the letter then goes on in the meantime there is no reason why our debt collection activities against you should be suspended as you previously made payment on this account. (thats news to me ive made no payment)
we are the legal owners of your account, (thay make it sound like thay owen me )
it is therefore in your best interest to agree an instulment arrangement with us, we may give you a substantial discount on the original balance.



so please help me on this matter. sorry to have gone on;)

itsnever2lateisit?

Please think very carefully about this. Is this your debt with Barclays? If so have you made any payment or acknowledged it in writing in the last 6 years?
If not then it is statute barred under the Limtations Act 1980

Aktiv are obliged by law to provide you a true copy of the original Consumer Credit Agreement ( no blanking out) and a statement of account, and a true copy of the deed of assignment from barclays. There is a template letter about you can send reminding them of their obligations and that if they have not complied after 12+2 days they cannot persue you through the courts and if after a further 30 days they havent sent you the information then they have acted unlawfully

There is also a template letter around this board regarding statute barred debt as well

GeorgeUK

Did you have a debt to barclays?
Loan, CC or overdraft?

It may be the case that they are putting the £1 towards your debt as a payment. Some DCA's do that and you need to write again stating that you acknowledge no debt to their company.

alfiemoon_2

i did ten years ago have an account with barclays and i did have a letter going back years ago about the debt, with another company, when i contacted barclays i was told as the debt would have been so long thay have no records of this.but as far as im concernt there was no debt and i have no knowledge of paying any payments to aktiv now or ever for this so called debt , so what do i write now please thank you

itsnever2lateisit? wrote: »

Please think very carefully about this. Is this your debt with Barclays? If so have you made any payment or acknowledged it in writing in the last 6 years?
If not then it is statute barred under the Limtations Act 1980

Aktiv are obliged by law to provide you a true copy of the original Consumer Credit Agreement ( no blanking out) and a statement of account, and a true copy of the deed of assignment from barclays. There is a template letter about you can send reminding them of their obligations and that if they have not complied after 12+2 days they cannot persue you through the courts and if after a further 30 days they havent sent you the information then they have acted unlawfully

There is also a template letter around this board regarding statute barred debt as well

alfiemoon_2

not as far as im aware i did have a account with barclays ten years ago but the account was closed and it was a buisness account, not a current one

GeorgeUK wrote: »

Did you have a debt to barclays?

Loan, CC or overdraft?

It may be the case that they are putting the £1 towards your debt as a payment. Some DCA's do that and you need to write again stating that you acknowledge no debt to their company.

GeorgeUK

Do you know when you last made a payment towards the debt or when you last acknowledged in writing that the debt was yours? From that date, after 6 years (5 for Scotland), the debt is unenforcable.

You need to send a letter stating that the debt is statute barred. There a template letter linked on this page http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

They may come back saying that you restarted the payments, but they are just bluffing. You might want to add something in the letter about the £1 previously sent being for a copy of the CCA which they were unable to supply.

It is only overdrafts that do not have a CCA (hence my query). So if they can't produce that, you can send another letter (recorded delivery) stating your case with regard to this too.

{CCA - they have to produce it when requested within 14 days or the debt is unenforcable without going to court; where they need to produce a copy of the CCA to persue the debt. If after a further 30 days it is not produced and they are still chasing - they are committing a CRIMINAL offence}

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

alfiemoon_2

again some years ago when i contacted the bank and there was no details of me having taken out a lone, and also i can remember the lady at the bank did say your account was closed in jan, 02 she couldnt under stand what was going on so i didnt do any thing else as i heard nothing.:j

GeorgeUK wrote: »

Do you know when you last made a payment towards the debt or when you last acknowledged in writing that the debt was yours? From that date, after 6 years (5 for Scotland), the debt is unenforcable.

You need to send a letter stating that the debt is statute barred. There a template letter linked on this page http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

They may come back saying that you restarted the payments, but they are just bluffing. You might want to add something in the letter about the £1 previously sent being for a copy of the CCA which they were unable to supply.

It is only overdrafts that do not have a CCA (hence my query). So if they can't produce that, you can send another letter (recorded delivery) stating your case with regard to this too.

{CCA - they have to produce it when requested within 14 days or the debt is unenforcable without going to court; where they need to produce a copy of the CCA to persue the debt. If after a further 30 days it is not produced and they are still chasing - they are committing a CRIMINAL offence}

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

itsnever2lateisit?

As GeorgeUK sas in his post send the statute bar letter off recorded delivery
That 'should' be the end of the matter

GeorgeUK

Looks like another DCA trying to get money that doesn't need to be paid then.

Just send off the statute barred letter by recorded delivery. I would also contact the OFT complaining that they had said that they don't need to provide a copy of the CCA. Why should you be the only one getting nasty letters sent to them?