Statute barred

speirsro

I think she said I used the card on this date - actually bought something!

I have had 2 letter from them in 2 weeks - If they don't get a payment, can they still get a court order for me to pay it within the next 3 weeks?
That would be the worst luck!!

RAS

Listen, most DCAs lie through their teeth and every other oriface.

What sort of account is this CC, debit card?

speirsro

It was an old CC!

From my timings - they are close (I guessed I last used the card in March 04) - but I can't understand why, if I didn't make a payment since 1st Feb - why would they allow me to use my card on 29th May??
But, I have to kind of take their word for it and hope that nothing comes of this until the end of this month...
I just want that total guarantee that this is, in fact, barred!
The AktivKapital folk are really sneaky - they tried to catch me out and send a letter to say that I owed it - lucky I read these posts first...

RAS

Fine

You could check your credit record which would show what happened? There are free options if you read Martin's articles on improving your credit rating.

Simply do not write to them until you have done that.

They may be right about the purchase given how keen they are to get written acknowledgement from you, or it could be something you bought earlier but the paperwork did not work throught the system.

have to go on in a mo.

rog2

speirsro wrote: »

But, I have to kind of take their word for it and hope that nothing comes of this until the end of this month...
I just want that total guarantee that this is, in fact, barred!

NEVER 'take the word' of Aktiv Kapital. :mad: :mad:

It seems, to me, that they could well be trying to 'trick' you into making a written admission to a 'debt' which is most likely legally unenforceable.

If they call again tell them you will do absolutely nothing, including talk to them, unless, and until, they can provide absolute proof, through actual statements, that you used this account within the 'limitation period'.

speirsro

So, If I hold off and not do anything until the end of the month - do you think that that's me clear and above board, and no more worries?
If I have used the card within the 5 years, even though it's outwith the guidelines of the P&L Act, can they still force me to pay it?
Can they take out a court order to reclaim the money in the next few weeks, or would they have to send me more letters to follow their procedures - I've only had 2 letters..

There is no way I'm paying anything, or admitting to anything...Not a chance!

rog2

speirsro wrote: »

So, If I hold off and not do anything until the end of the month - do you think that that's me clear and above board, and no more worries?
If I have used the card within the 5 years, even though it's outwith the guidelines of the P&L Act, can they still force me to pay it?
Can they take out a court order to reclaim the money in the next few weeks, or would they have to send me more letters to follow their procedures - I've only had 2 letters..

There is no way I'm paying anything, or admitting to anything...Not a chance!

I doubt very much that even AK would be able to get a CCJ within the next couple of weeks - first they must inform you of their intention to make a claim through the Courts, then the Court MUST issue you with a summons - it just doesn't happen that quickly.

If you fire off the Statute Barred letter, AK must provide you with evidence that the debt is not SB.

mrstheking

Hi all, think I''ve been stupid....

what would happen if something that turned up in the post that should be statue barred had a small token payment made on it before I realised that it was statue barred?

I paid £5 to them as I panicked and didn't think? Is there anything I can do?

Thanks

rog2

mrstheking wrote: »

what would happen if something that turned up in the post that should be statue barred had a small token payment made on it before I realised that it was statue barred?

Providing that the 'Limitation Period' of six years (five in Scotland) had already elapsed by the time you made the £5 payment, then the status of the debt remains unaltered.
If it was already statute barred when they wrote to, or contacted, you, then it remains 'Statute Barred' and you can still send them the letter.

zosie66

ISpiero, I know I am only a newbie to all of this but do I remember rightly that ytou can request a copy of their file on you without admitting the debt???? If this is the case would it clarify when you did make your "purchase", plus pass sometime time by?????

I hope that the fantastic experts on here can clairify this or not.....

Zoe