Statute barred

fermi

Pabby wrote: »

Hello all,

Firstly i would like to say thank you for any help in advance. You guys on here are saviours for many people who never post, so speaking on behalf of the silent majority....you're great!

Right, i received a letter from EquiDebt, with regards to a creditor 'Aktiv Capital UK Limited', for an amount around £2000.

I'll move your post and replies to a new thread, as that will make it easier for people to notice your problem and reply directly to you.

Link to new thread here ---> https://forums.moneysavingexpert.com/discussion/3647719

bobbyhook

Hi im not sure what do in my situation

I took a car finance loan with a company called blue motor finance i stopped paying and asked them to take the car back which they didnt want to do. Eventualy a collector turned up on my doorstep asking for it so i gave to them.

I have sinced moved house and not contaed them however recently i recieved a letter explaining i need to pay the outstanding balance from BMF

Yesterday i recieved a had deliverd letter from a company wanting to arrange to review and prepair a personal finance situation report for the finance company.

Im not sure how long ago i stopped paying its either over 6 years or very close. Do i contact them and ask them the last date i paid?

Also i recently red the following of another website...

"Target Loan Servicing has won a contract to take on the loan portfolio of Blue Motor Finance, the non-prime lender which ceased originating business in 2008."

Since BMF have ceased does this help me in anyway?

Thanks
Bobby

graphixkazz

My other half has been chased for a debt since i've been with him (over 8 years). It has been passed onto several DCA over the years and has more recently landed in the hands of Activ Kapital....which I can see from several posts they are a pain in most peoples backside.

Let me start from the beginning...
The original debt of £4710 (we think) relates to a car he bought from Yes Car Credit which off the top of my head was sometime in 2003. We have asked pretty much every DCA to send proof of the original agreement with my partners signature on it which they have all failed to do. The letters kept coming but strangely not one of them raised the amount that was owed, which I thought was quite suspicious considering as they normally add admin charges for each letter they send. They have all threatened to send enforcers and to our knowledge not one has ever come knocking.

More recenty Acktiv Kapital have taken to sending a letter every week. The 2nd to last one (sent 20/11/2011) offered a reduced amount of £3060 which was obviously a ploy to get him get in touch and to make a payment. I sent off the 'Statute Barred' template via recorded delivery which they received 2/12/2011 but on that day my partner received another letter (which they sent 30/11/2011) from AK stating the amount was now £9420....where did that extra money come from all of a sudden?! I am now convinced they know they don't have a leg to stand on so are just trying to get him to get in touch and pay back a debt which we are still not 100% is his as know one has sent proof!

I just want to make sure that we are right in saying this debt, which the original agreement dates back to 2003, is Statute Barred even though several DCA have been in touch yet all have failed to prove the origin?

I hope that all makes sense, if i've missed anything out let me know!

Gordon_Hose

Provided you haven't made a payment or acknowledged the debt in writing since 6th December 2005, then it is Statute Barred.

Even though a debt can become SB it is still owed and it doesn't stop them from chasing it unfortunately. Just stop responding to them, they know it's SB, they are trying it on. Don't waste any more stamps.

graphixkazz

Thanks Gordon that makes me feel alot better. The debt has never been acknowledged and a payment has never been made.

This debt stresses me out and makes me angry everytime they send a letter.:mad: Plus I start to doubt myself when they send their replies etc. I know it's not my debt but if effects me to especially as we're getting married in may

Gordon_Hose

Memorise the return address on the back of the letter, that way you can rip it up and throw it in the bin without opening it and getting stressed out at the contents

BlushingRose

I wonder if you could just place the letter wholesale straight into an unstamped envelope and post it back, then they'd have to pay the postage twice

Gordon_Hose

I wouldn't waste my time walking to the post box.

graphixkazz

Hi all, just wanted to let you know that received a letter today in response to my statute barred one....and they have checked their files and they agree with us and we will no longer hear anything from them!! :j:beer::T

I could not be happier right now!! This has been going on for 8 nearly 9 years! It's nice to have it confirmed that we were right.

My advice to all out there going through a similar situation, stick it out you are right, don't let them ******* make you feel any different.

cheeky_jimbob

Hi guys

To the best of my knowledge no payments have been made on any of the accounts I am in debt on for at least 6 years.

I did enter into an IVA in 2007, but after paying 2.5 k into this I defaulted and it was terminated. I have a letter from the company that organised the IVA which shows the payments I paid into the IVA but none of them appear to have gone to any of my creditors, they are listed as:

nominee fees, supervisor fees & office holders expenses.

Although it has not been 6 years since the IVA failed, none of my creditors would appear to have had any payment, would these debts still qualify to be stature barred? Most of the debts would last haved had payments in 2005.

I have obtained a credit report recently, all my address history is upto date, yet there are debts missing that I would expect to be there, I can only assume that they had defaulted and it has now been 6 years so they have been removed from my credit file. One last thing, I have a loan on my credit file which I expected to default, but the account has been kept open and the last few years they have just continually reported none payments instead of it being defaulted? Can they do that?

Thanks

James