debt mangers ltd and aktiv kapital

deano247

newbie here,so greatful for all you advice.
yesterday i got a letter from debt mangers ltd asking for £322.63,
and i aked them whats it for, they said it was from a bank account i had in 1997, not agreed overdraft.i asked if they had any proof, all they said they got a client reference number.
so ive been looking through your forum, do i send this letter with £1 to aktiv capital?

Recently I have received a letter from Debt Managers Ltd, operating on your behalf to collect the above mentioned debt. Please be advised, I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 cheque in payment of the statutory fee, cheque Number xxxxxx.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defense to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.
and the address:
aktiv capital
merchants house,
hamilton place,
chester
ch12be

cheers

AGB863

Before you send this - when did you last make any payment towards this debt or acknowledge that the debt is yours?

If it is more than 6 years you thed debt would be Statute Barred - the debt collector would not be able to enforce the payment through the courts.

Please lets us know and will get you the other letter.

deano247

thanks for your reply,
i guess last time i used the account was 1997, and it must be closed ,but ill have to go in the loft and try to find a old statement to look at the account number .too see if it matches up to the same reference number.

so should i change the letter to acknowledge that the debt is mine, or try to find some statements first.

also do i send a copy to debt mangers??

cheers

AGB863

If that is the csae then it is almost certainly statute barred and you need to send this letter to the debt colelctor who contacted you.

I do not acknowledge any debt to you or any company you are representing

Dear Sir/Madam

Acc/Ref No xxxxxxxxxx

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation
period”.

The last payment of this debt was made over six years ago and no further acknowledgement or payment has been made since that time.

Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment contrary to
section 40 (1) of the Administration of Justice Act 1970”.

We await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

We look forward to your reply.

Yours faithfully

It is know up to the debt collector to prove otherwise that you have made apayment within the last 6 years and they not do anything else unless they can prove it.

lambyman

Hi all,

Firstly, great site, great advice... I sent the the CCA letter to Aktiv Kapital with £1 after they said I owed Barclays Bank £600. Completely baffled as to what this was and after reading about Akitv decided to follow the advice here. THey have responded to me stating that the selling bank could not retrieve the documents as they had been archived!

Then they write that the Credit Services Association (who have not legal powers) states that their members follow their guidelines as closely as possible but it is up to each member to decide what they do.. I am a stockbroker so I know the difference between regulations and 'guidelines'.. I couldn't give a monkeys about the trade association guidelines but this is what they have sent me to try and baffle me with terminology.

Do they really think that I am going to pay for something I don't know about.. The same as me asking asking people here to pay me money becuase they owe it me, even though we have never had any contact.. Rant over..

Any ideas where to go now?

fermi

lambyman wrote: »

Any ideas where to go now?

If you don't owe them anything then you might be able to just ignore them.

However, if they continue to hassle you can send the the letter in this link:

http://forums.moneysavingexpert.com/showpost.html?p=8025389&postcount=2

I'm afraid that contains some "guidelines" but this time they are ones set by the Office Of Fair Trading and not some toothless trade body. Enough complaints that a debt collector is breaking them can result in the OFT investigating and revoking their Consumer Credit Licence.

But make sure you keep a close eye on your Credit Reference Files in case they decide to register a default against you on these. If they should do, and the debt was not yours, you can complain and ultimately get action taken under the Data Protection Act.