Help!!!

badboy76

Aktiv Kapital
Hi All ,

I have been reading all the threads with regards Aktiv Kapital and the things you can do to get rid of the debts , e.g 6 year expiry and also sending them a letter requesting proof of contract .
My question is this , my original debt was over 6 years and im gutted i hadnt seen this forum first otherwise i would have bounced the expiry letter to them and batted it out of the park.
Unfortunatley i have entered into a payment plan with them , could i still request to see proof of the original credit agreement?

And if they cant provide proof of the credit agreement could i stop making payments and get rid of this debt?

bargainbetty

I think it's six years from the date of the last payment/communication... in which case, the payment plan means you have acknowledged and agreed to repay.

I'm sure one of the experts will confirm one way of the other, but that's my understanding......

Stinkybell

the six year expiry only works if you have not paid/admitted the debt for 6 years. if you have paid or admitted the debt at all in the past 6 years then you're out of luck. sorry!

dancingfairy

Had the 6 years expired when you entered into an agreement with them? if it has I think it will still be statute barred and you can tell them to get lost (nicely of course). If you acknowledge the debt within 6 years I believe you can still ask to see the agreement and if they can't provide it then you are in the clear.

RAS

Dancing fairy is right.

If there was a 6 year gap in payments (England and Wales(, at any time, then the fact that you have re-commenced payments doe not matter. You can still send the Statute barred letter. They will be a bit harde rto shake off, but the rule still applies.

Otherwise, ask for the CCA.

badboy76

I believe the original default was in 2000 , so i think the plan of action would be to fire of fthe CCA letter to see what if anything they come up with , then maybe try my hand with the six year statute .
Should i continue to make payments whilst im disputing this? , im guessing not as this would kinda mean im admitting liability still , just wondered because if it doesnt work and they can provide a copy of a signed CCA then i imagine they will sting me even harder !
FYI the debt is with BCW who are acting on behalf of Aktiv Kapital , so im guessing i send the CCA TO BCW ? OR aktiv or both?

RAS

if you do a CCA letter, then stop paying if they fail to produce the paperwork after 12+2 days as the debt is in dispute.

badboy76

Thanks Ras ,

And am i right in thinking that if they dont provide the CCA within say 30 days then they cant really continue to pursue it?