Aktiv Kapital (UK) - Who Are They?

GeorgeUK

Right, first the debt that may be statute barred. The statute barring clock starts from the date of your first missed a payment and ends when you acknowledge the debt - either by making a payment or in writing. This means when you send a letter acknowledging the debt - not when they send a letter to you. If you have not made a payment or written to any company acknowledging the debt, then you should be sending the statute barred letter.

Is this macenziehall payment for the same debt?
You should send the statute barred letter to whoever is seeking payment for the debt.

old_yin_2

the macenzie hall debt is for a seperate one. they only got in contact with me this year, that debt would of defenitenly have been staute barred as there was probarly a 7/8 year gap!

i had filled in expenditure forms for both companys at the begining of the agreements, so does that count as written agreement?

fermi

old_yin wrote: »

so as ive started paying them again, i must carry on paying them?

If the debt is statute barred, then no.

Once a debt becomes statute barred, it remains so forever. Even if you should make a payment after the 6 years are up.

old_yin_2

thanks for the reply fermi!

what would you recomend that i do next then?

send proof it letters to both companys first?

GeorgeUK

For the MH debt, this sounds like it is definately statute barred as you have not made a payment towards the debt or written to them for over 5 years (6 in England). You should send them the statute barred letter. I'll try to find a link to the template letter tomorrow if you can't find it.

Written acknowledgement means that you admit to owing the debt. If you simply said something like here's a copy of my expenditure as requested, then it's not an acknowledgement. If you put the account number on the letter then it could be argued that it was.

Either way, as Fermi says - if you did not make a payment towards the debt for 5 years or acknowledge it in that time then even if you have made payments later, the debt will remain statute barred. They can ask you to pay it, but that's all they can do.

Do you have copies of old statements to find out when you last made a payment towards the debt?

We need to work out the time line of when you defaulted on the original agreement and when you wrote any acknowledgement or started making payments again.

fermi

Are you in Scotland then? If so, must have missed it.

As said, 5 years in Scotland, not 6.

And in Scotland after the 5 years a debt is legally "extinguished", rather than just being unenforceable through the courts.

old_yin_2

thanks again george and fermi for the info!

i have no documentation of any of my previous debts, as i have moved a few times since the 02/ early 03 period. thats why on the aktiv one that im unsure of the 5 year gap as they contacted me in dec 07! im thinking of sending them the proof it letter and if they cant provide any documentation then i move on to the statue barred letter!

(if u can give me the link to statue barred letter that george that would be great thanks!)

with the mac hall one im thinking of just sending the statue barred letter straight off, as that one is defo statue barred!

i have to do something asap, as both payments are due within the next ten days!

should i cancel both d/debits straight away or wait on there reply?

GeorgeUK

Post 2 gives the 'prove it' letter and post 3 the statute barred letters. Make sure you send the one for Scotland, not England though.
https://forums.moneysavingexpert.com/discussion/comment/11570893#Comment_11570893

For the debt that is statute barred, definately send the statute barred letter and stop payments.

For the other one, there are 2 ways of tackling it. You could send the prove it letter and continue payment until the debt was in dispute - usually about a month later if you have heard nothing back from them; or you could send them the statute barred letter and await the proof that it is not statute barred. Possibly better to just send the prove it letter though.

One thing to be aware of. Alot of DCA's will claim that as you have been making payments or restarted payments, this restarts the statute barred clock - this is just plain wrong. If there has been a period of 5 years where you did not acknowledge the debt by making payment or by YOU writing to THEM (not them to you), then the debt will probably be statute barred.

old_yin_2

Thanks again george!

I shall go down the route you suggest, i will keep you informed and again thank you very much for your time and help with my problem situation, i wish i had only know all this before! if only i could claim the money back! ha, but i suppose thats just a bit cheeky!

Sandrared

hi everyone..new to this1

I have written to Aktiv Kapital and recd a response today dated 24/05/2010.
They have confirmed that they purchased the right to recover the outstanding balance due under the agreement as as not the original debtor they do not hold the original documentation.
They have stated they will endeavour to obtain the documents within the precribed time scales due to the fact that they have to try to obtain documents from the original creditor they maybe unable to do so. Apparently my account is on hold and has been removed from the collection process whilst they wait for this information.
What do I do now wait until 24/06/2010 (30 days)?
What do I do if they do not produce the original documentation within 30 days?

Thank you for your help