Limitation act -Creditor STILL chasing me! Help!

Craigyboy_2

Hi all,

Would be grateful for any advice. In Nov 2006 I got a letter from Wescott demanding £2500 on behalf of Aktiv Kaptial First Investment Limited for First National Tricity Fianance. After looking on the forums, i sent the letter to wescott raegarding the limitations act. The last payment on it had been sometime in early 2000 so the six year limit had passed. I recieved a final response from them stating that the account had been closed and passed back to their client and i would receive no further contact from them. I was over the moon, and after a horrible stressful month finally put this matter to rest.

However, this morning i have recieved a letter from Buchananclark + wells on behalf of the same client, Aktiv Kapital named as Persuers and Tricity finance named as the creditor asking for the same sum!

Can they do this? Even though wescott closed it, can the Creiditor just keep usuing different agencies to persue the debt? I have printed off the Original letter i wrote to wescott, amended it a bit stating that i have already dealt with this matter before and was going to send it to them, but should i be contacting the Creditor or Persuer regarding this? There is no address for them, and if i did - what do i say? I feel like im being harrassed now as i thought this was all over! Im starting to panic again and not sure what i should do! Would really appreciate any advice.

Craig

itsnever2lateisit?

Craigyboy wrote: »

Hi all,

Would be grateful for any advice. In Nov 2006 I got a letter from Wescott demanding £2500 on behalf of Aktiv Kaptial First Investment Limited for First National Tricity Fianance. After looking on the forums, i sent the letter to wescott raegarding the limitations act. The last payment on it had been sometime in early 2000 so the six year limit had passed. I recieved a final response from them stating that the account had been closed and passed back to their client and i would receive no further contact from them. I was over the moon, and after a horrible stressful month finally put this matter to rest.

However, this morning i have recieved a letter from Buchananclark + wells on behalf of the same client, Aktiv Kapital named as Persuers and Tricity finance named as the creditor asking for the same sum!

Can they do this? Even though wescott closed it, can the Creiditor just keep usuing different agencies to persue the debt? I have printed off the Original letter i wrote to wescott, amended it a bit stating that i have already dealt with this matter before and was going to send it to them, but should i be contacting the Creditor or Persuer regarding this? There is no address for them, and if i did - what do i say? I feel like im being harrassed now as i thought this was all over! Im starting to panic again and not sure what i should do! Would really appreciate any advice.

Craig

According to OFT guidelines they should not pass this debt on once it has been disputed. Sadly you will have to write to BCW now, but also insist that they do not pass it on, that they delete all data as accorded by the Data Protection Act

RAS

And report Wescot to the OFT and Trading standards

fermi

It's not Wescot that passed it on.

It's Aktiv that are breaking guidelines by employing another collector to act on their behalf.

Send the Statute Barred letter to both BC&W and Aktiv.

On the letter to Aktiv, add that if they pass it on to another collector again then you will report the matter to the OFT, Trading Standards, and consider taking further action regarding harassment.

Craigyboy_2

Cheers for the advice, guys!

I'll do a google search and see if i can get the address for This Aktiv Kapital First place, The letter names those as the "Persuer" and First national Tricity as "Creditors" I'm not sure if they are the same or two difefrent companies - It sounds like its nothing to do with wescott anymore, as they closed the account and said they were returing the debt to the creditor, which they named as "Aktiv Kapital (Uk) Limited First National Tricity Finance" so im thinking they are one company?

Ive printed off the letter for BCW telling them the same thing that i told Wescott. Do you think it would be worth contacting the OFT? If these Aktiv/Tricity people have broken the guidelines then i think they deserve a severe ticking off.

fermi

This is Aktiv Kapital.

http://www.aktivkapital.com/en-gb/United-Kingdom/Contact-us/UK-Office-Address--Directions/

Craigyboy_2

Thanks Fermi, Youre a star!


Much appreciated!

fermi

First National Tricity are not Aktiv Kapital.

Instead the are these people:

Link: FIRST NATIONAL TRICITY FINANCE LIMITED

I think they are part of the contracted out finance operations of these people:

Link: GE MONEY HOME FINANCE LTD

Other Names:
ALFA ROMEO CONTRACT HIRE, ALFA ROMEO EASIPLAN, ALFA ROMEO MOTOR FINANCE,
ALFA ROMEO PERSONAL LEASING PLAN, ALFA ROMEO PREFERNZA,
BENTLEY MOTORCARS FINANCIAL SERVICES, CARCREDIT PURCHASE PLAN, CHARTERFIELD,
CHARTERFIELD FINANCE, CREDIT DIRECT, CREDIT SOLUTIONS DIRECT, CREDITPLAN,
CURZON FINANCE, DAIHATSU FINANCE, DAIHATSU SECURE, DIRECT SOLUTIONS,
FIAT CONTRACT HIRE, FIAT EASIHIRE, FIAT EASIPLAN, FIAT MOTOR FINANCE,
FIAT PREFERENZA, FIAT PREMIER PLAN, FINANCIAL SOLUTIONS, FIRST LINE,
FIRST LINE CREDIT, FIRST LINE DIRECT, FIRST LINE FINANCE, FIRST LINE LOANS,
FIRST LINE PERSONAL LENDING, FIRST LINE PERSONAL LOANS, FIRST LINE SOLUTIONS,
FIRST NATIONAL, FIRST NATIONAL ASSET FINANCE, FIRST NATIONAL ASSET FINANCE GROUP
FIRST NATIONAL BANK, FIRST NATIONAL CARAVAN FINANCE, FIRST ON-LINE,
FIRST NATIONAL COMMERCIAL BANKING, FIRST NATIONAL CONSUMER FINANCE,
FIRST NATIONAL COUNRTY CAPITAL, FIRST NATIONAL EQUIPMENT LEASING,
FIRST NATIONAL MARINE FINANCE, FIRST NATIONAL MORTGAGES, FIRST NATIONAL -
MOTOR CYCLE FINANCE, FIRST NATIONAL MOTOR FINANCE, FIRST NATIONAL TRICITY-
FINANCE, FIRST NATIONAL WAGONFINANCE, FIRST NATIONAL WHOLESALE FINANCE,
FLYING LADY CONTRACT PURCHASE, FLYING LADY CONTRACT PURCHASE PLAN,
GETMOTORING, FLYING LADY FINANCIAL SERVICES, FNB, FNS, FREE STYLE,
FLYING LADY FINANCIAL SERVICES CONTRACT PURCHASE PLAN, FLYING LADY FINANCIAL-
PURCHASE PLAN, FLYING LADY FINANCIAL SERVICES REFINEMENTS, HOLIDAY SOLUTIONS,
HOLIDAY SOLUTIONS TRAVEL CLUB, HOMEOWNER SOLUTIONS, HOUSEHOLD SOLUTIONS,
INDEPENDENCE, LANCIA CONTRACT HIRE, LANCIA MOTOR FINANCE, LANCIA PREFERENZA,
LAUREATE, LOAN SOLUTIONS, LOANS DIRECT, MG ROVER FINANCIAL SERVICES,
MARSHALL FINANCIAL SERVICES, MASERATI FINANCE, MASONS FINANCIAL SERVICES,
MOTORING SOLUTIONS, MOTORLOAN, MOTORLOAN DIRECT, MOTORVIEW,
NISSAN IN BUSINESS, NISSAN MOTOR FINANCE, NISSAN MOTOR HIRE CONTRACT HIRE,
NISSAN PREFERENCES, OPEN ROAD, POLICY LOAN PLAN, PORSCHE FINANCE
PREFERENCES, PRIVILEGE POLICY PLUS, PROFESSIONAL SOLUTIONS, REFINEMENTS,
RELIANCE FINANCIAL CONTRACTS, ROLLS-ROYCE MOTOR CARS, RYLAND MOTOR -
FINANCE,SAVILLE FINANCE SOLUTIONS, SOLUTIONS DIRECT, SPECIALIST CARAVAN -
FUNDING PLAN, STOCKBASE, ULTIMATE, VIC YOUNG FINANCIAL SERVICES, WAGON,
WAGON FINANCE, WHEELFUND, WHICHFORD FINANCIAL SERVICES,
WHITEHOUSE MOTOR FINANCE, BRITISH MORTGAGES ABROAD,
FIRST NATIONAL PROFESSIONAL SOLUTIONS, McCORMICK FINANCE,
BANKHALL ASSET FINANCE, WILSONS MOTOR FINANCE,
ABBEY NATIONAL BUSINESS MORTGAGES, ABBEY NATIONAL BUSINESS,
ABBEY NATIONAL BUSINESS - MOTRGAGES.

As you can see, they get about a bit.:rolleyes:

Craigyboy_2

Wow! They sure do - Its easy to get confused with all these different companies claiming you owe them the same debt!

Ive just done the second letter and im going to put on the bottom of it that i believe they are in breach of the OFT guidelines and i shall be forwarding correspsondence to them with regards to making a complaint. Ive put the address on for First Aktiv, but think i need to send a 3rd one out to Tricity also? They sure dont make this easy do they?

Ps Thanks again for the advice!

blissfulbabe

Hi CB

although nobody can force you to pay for a debt that is more than six years old (twelve years for mortgage debts) they are allowed, by law, to ask for payment. All you need to do is write and tell them that you do not acknowledge the debt as it has been more than six years since you have made a payment (the Consumer Action Group has a cracking letter to use) and THEN it becomes illegal for them to chase the debt.

What will probably happen is that everytime you send the letter the debt will be passed on to the next [strike]set of bottom feeders[/strike] firm of debt collectors. Just send the letter and then ignore anything else they throw at you. If they were stupid enough to try to take you to court then you would have a complete defense as the debt is no longer enforcable.

The only thing I would do is to keep an eye on my credit file as it's not unknown for a default to suddenly appear, but if that should happen you can make them remove it sharpish.

fermi

The letter on the Consumer Action Group forums is the same as the one normally posted here.

Both were originally taken from the National Debtline factsheet on the Limitation Act and "Statute Barred" debts.

Link: Factsheet | Liability for Debts and the Limitation Act (England/Wales)

The OFT has this to say regarding chasing "Statute Barred" debts.

From: Office of Fair Trading - Debt collection guidance

Statute barred debt

2.13

This guidance applies to the pursuit of debt regardless of its age. We will be carrying out further work on this aspect of debt recovery including analysis of relevant legislation and practice throughout the UK.

2.14

In the past we have dealt with a number of statute barred debt cases governed by the Limitation Act 1980, which applies to England and Wales. Based on that experience our position with regard to England and Wales remains:

a. we accept legally the debt exists

b. it is the methods by which the debt is collected that can be unfair as follows:

• it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period

• if a creditor has been in regular contact with a debtor before the debt is statute barred, then we do not consider it unfair to continue to attempt to recover the debt

• it is unfair to mislead debtors as to their rights and obligations, for example, falsely stating or implying that the debt is still legally recoverable and relying on consumers not knowing the relevant legal provisions, and

• continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970

In this case it's advisable to send the letter to Aktiv as well as BC&W, since this should stop Aktiv playing their silly game of just employing another collector to act on their behalf.