Statute barred

the_pazza

Thanks Rog,
do you have any advice on what i should do next or what to do about the defaults they have been putting against me?

kindest regards, Mark

10past6

the_pazza wrote: »

kindest regards, Mark

You have another thread running re your issue, it's advisable to keep to one thread, saves everyone's time & duplication

the_pazza

sorry, i'm just worried and not sure what to do.
kind regards, Mark

sjmac1970

Hi

I was wondering if you could help me please.

In June/July 2000, I took out finance with GE Capital for a store card. In early 2001, I split from my partner - basically left with loads of debts as they were all in my name (stupid me). Anyway, I didn't pay anymore to GE from approximately early to mid 2001 (8 years ago).

I had the odd letter over the next year or two, but discarded them.

Recently, I began to receive letters from Buchan Clark & Wells regarding this debt which they were chasing for Aktiv Kapital. Again, I binned the letters as it had been so long. I then began receiving telephone calls at work and on my mobile (goodness knows where they got the numbers from). The first time they rang my work, as I am the receptionist, before talking to them, I did a quick search to see who they were. Anyway, found this site and who they were, so I pretended not to be there! They then continued to ring me at work or on my mobile several times a day. I then received a further letter, so I sent them the statute barred letter on 30th March 2009.

I did not hear another thing from them. However, today (some 2 months later) I received a letter from Aktiv Kapital stating:

"We're here to help you

We understand that you have previously raised some questions concerning your account with us. We are keen to understand how we can help you:

Your options ......" (basically asking me to ring them and they also give me options to pay - they will even give me more than 50% discount if I pay over the next few weeks!)

Now, I have not 'raised some questions' regarding this account, I have simply told BCW that this debt is statute barred.

Please can you advise me how I should proceed with this - do I send a copy of the statute barred letter to AK or should I simply ignore it?

After reading this thread (I had previously read a different thread) I realised that there are two statute barred letters - one for England/Wales and one for Scotland - I actually live in Northern Ireland and I sent the one which applies for England/Wales, so does the statute barred actually apply here? Or is there a different letter I should have written?

Thanks in advance for your responses.

GeorgeUK

For Statute barred debts in Northern Ireland, it's the Limitation (Northern Ireland) Order 1989
http://www.opsi.gov.uk/si/si1989/Uksi_19891339_en_3.htm#mdiv4

It is 6 years the same as England/Wales but if you are sending the letter again, might as well quote the right legislation - just incase they are not as stupid as we think they are.

rog2

GeorgeUK wrote: »

just incase they are not as stupid as we think they are.

Don't forget, George, this is AKTIV KAPITAL that we are talking about. :rotfl: :rotfl:

Seriously, though, it is always best to quote the correct legislation - I'm surprised that NDL don't have a Northern Ireland section on their website.

zosie66

Firstly I have to say thank you so much for your help with the issues I had with Aktiv Kapita recently. I sent away the letter and after many weeks patiently wiating for a response I got another phone call from them...after threatening to report them for continued harrassment to the OFT my letter was (surprisingly!) dealt with that day. I received a telephone call to say "Didnt I morally think that I should pay some of the money back as I had benefitted from it?". I am one of these people that unfortunately has morals and advised them of this BUT made it very clear to them tat if they had not caused harrassment and distress in the first place I would perhaps have paid them some money but as it stood no I would decline there offer!!!! Lady on the phone was quite taken aback and next day I received the letter I had been waiting for to say they had written off my debt - HURRRAYYY!
Now, my hubby has received a letter from DWP about a crisis loan taken out in 1992. He doesn't remember anything regarding this and was married a different female human (cant call her a lady, sorry!). He is concerned that the loan maybe have been taken by her in his name as he worked away from home at the time. I have eagerly read earlier in this thread about the fact DWP are contained in the Statue Barred status of a debt and that although they cannot take the money back through the court they can do this through future benefits....
We have written to the DWP asking for a copy of the forms so we could see if the money was taken out via my hubbys ex wife and were told quite bluntly in a letter that they ont have copies of this and we should contact our job centre for this and that they want to hear from us within 14 days to repay the sum....
Does anyone have some advice as to wear to go from here??
Thanks
Zoe

GeorgeUK

I would contact nationaldebtline to confirm whether DWP should have the paperwork or not.

Also ask them if they would be required to provide this paperwork if you send a subject access request to them (cost £10).

Just not sure about what government departments are or aren't supposed to do i'm afraid. That's how i'd tackle it anyway, but get advice from the specialists.

rsc

I'm so glad i found this site - I too have had a collections agency recently contact me via my girlfriends address - my name is linked to her address due to me supplying the broadband there. They sent a letter stating that I possibly owe an outstanding amount. I have told them I do not recollect anything and that I would need something in writing so that i can check into it. I have in no way made any verbal or written acknowledgement of anything as I honestly can't remember this as it is a long time ago. I was told that someone living at the address by the name of colin patrick told them that i don't live there (i've lived at that address since 1981 and never heard of him) I received a call off them today and even though i still maintained not acknowledging anything, i have been told that it seems that they need to go down the route of litigation to recover the money. I have said that it's up2 them to do this, but i would need to see correspondence so as to check into what they have said. They also said that the last payment i made was feb 2004?! and that it's on an overdraft of several thousands of pounds (£10k plus)
However, I have recently had an Equifax report done literally on Friday and there is no debt of that amount or near that amount on my file - i am awaiting an Experian report also as either of those should show some evidence of the debt if applicable. I am under the impression that if there is nothing showing on the experian report as well as the equifax report then the debt would not have had a payment within 6yrs? What does my situation sound like?

Jesthar

Hi rsc, and welcome

Which company is chasing you for this? It sounds like they are simply trying on typical Debt Collection Agency (DCA) scare tactics...

Anyway, I suspect you need to send them the standar 'proved it' letter - second post in the following thread:

http://forums.moneysavingexpert.com/showthread.html?t=963087

Send the letter by recorded delivery (so they can't deny receiving it), and print/type your name only (so they can't use a signature for forging 'original' documents - it has been known!). That way they either have to provide proof, or get lost.

In the meantime, refuse to deal with them by phone, as they will only lie to you and bully you - never call them, and if they call you, just say 'I will only deal with you in writing' and put the phone down. If they keep calling, there is a telephone harrassment letter in the thread I posted up, too...

~Jes