Help Needed - Debt agency

mrbluejay

Hi Guys,

I was previously in a fair bit of debt, around 30k, but I am now debt free, or at least I thought so.

I had a letter from a company called Debt Managers LTD. saying I owed Aktiv Kapital £389. I thought this had been settled back in '03. What further compounds it, is that I do not know where the debt originates from, Aktiv being a debt agency I believe. I am about to write asking where the debt originates from and explaining that I need to check my bank statements to see if it has been settled.

Thye only thing worrying me now is that I have had 2 letters in 3 days, the last saying it must be paid immediately. Can they do this and will I just make the issue worse by investigating it or should I just settle it ?

Eshka_2

Has this just come totally out of the blue? When's the last time you had any correspondence regarding this debt?

It sounds a little odd to me - I absolutely wouldn't part with the money til I knew exactly why this had popped up, where it had originated from and what happened to the original settlement. Definitely investigate further.

emma_lewis84

hi mrbluejay
def don't pay until you know what it's for...check if the debt is 6 yrs + old, if it is - you may not have to pay as it may be statute barred...
sadly i've learnt the hard way after OH has just paid a debt collection agency for a debt it turns out he didn't really have to pay
see http://forums.moneysavingexpert.com/showthread.html?t=748879

mrbluejay

Thanks for the replies,

Is it 6 years from any correspondence or 6 years from the date wehn the debt was registered ?

This has come out of the blue, as I said, I believed it to have been paid when I settled all my debt in 2003 and I've not heard anything since.

emma_lewis84

i'm not sure, sorry...but hopefully some other MSE's will be along shortly to tell you...

RAS

Hi

It is 6 years from the data of the last payment. However, even some debts that are not statute barred are not enforceable because the documentation does not exist. If debt managers and AK are involved, you definately need to demand a CCA befor you pay anything.

Is this debt on your credit check?

mrbluejay

Funnily enough RAS, I just got a credit check and it does say on ther 'gone away'. I can't remember seeing it before though on previous checks.

By the way what is a CCA ?

RAS

Who has listed you as gone away and what debt does this relate to?

The exception to the year rule is if the CREDITOR CAN PROVE THAT YOU HAVE BEEN "DELIBARATELY HIDING". I suspect that is what they are trying to set up. How has it affected your credit rating.

CCA letter will follow.

RAS

Consumer Credit Agreement. Has to be supplied or the debt is unenforceable.

Please do not sign it, just print your name. We have instance reported here when the returned sig was that of the person who sent the letter and not the putative debtor!

theThe Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG

Dear Sir/Madam

Re:− Account/Reference Number 4563210025897412

I do not acknowledge any debt to your company.

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement.

1. We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request; your obligation also extends to providing a statement of account. . We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

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

We understand a copy of our credit agreement should be supplied within 12 working days.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

We look forward to hearing from you.

Yours faithfully
Mr A N Other

The one pound is the statutory fee that you have to send to pay for the CCA.
it must be sent registered mail or special delivery and check when it is received.

The DCa have 12 working days plus 2 to respond to you before they are in default. 30 days after that, you can tell them where to go, rather firmly.

it is getting more and more important that you send the bog off letter, as DCAs are playing pass the parcel with debts.

mrbluejay

Thanks for that,

Would the 'gone away' on my credit check count as a bad debt ?

I earn a good salary now and have no debts or consistent misdemeanours (I think I have missed a couple of dd's but paid them almost immediately). I ask because I still struggle to get any type of credit. I can't get a current account with a 'proper' debit car (I have a solo card) nor can I get a credit card. I thought it would be much easier than this once the payments were made, notwithstanding the curretn query.

RAS

Do you have a copy of your credit check from all the agencies?

And I think gone away would affect you, but since you have not replied to previous post, cannot advise properly.