Aktiv Kapital (UK) - Who Are They?

Ricky38_2

Hi again George,

Further to my last posting the debt I had with the dca that took out the
ccj and inhibition order for £920.
I have been looking through my papers and it looks to me as if the debt was statute barred before it was heard in court for the ccj hearing.
Is this legal? and can I do anything about it?

Ricky.

GeorgeUK

No problem Ricky. Best way to make sure mistakes aren't made.

First, a brief explanation of why the debt advisor said what he did.
When a debt becomes statute barred, it doesn't simply disappear. The debt still exists, but is unenforcable - even through a court. Unless of course there is a CCJ or Deed against the debt.

As you are in Scotland there won't be a CCJ as this is English law. Are you sure there isn't a Deed against any of the debts? If so then they are statute barred and while a creditor is allowed to request payment, you are under no legal obligation to make any payment as the debt is statute barred.

Once you notify the creditor of your intention not to make payment towards a statute barred debt, they should not chase you again. I've edited the nationaldebtline letter slightly as you had recently made payments.

I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

Dear Sir/Madam

Ref: xxxxxxxxxxx

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

I would point out that under The Prescription and Limitation (Scotland) Act 1973 Part 1 Prescription Section 6:

"If after an appropriate date, an obligation (an appropriate debt) has subsided for a continuous period of five years:

(a) without any relevant claim having been made in relation to the obligation, and
(b) without the subsistence of the obligation having been relevantly acknowledged;

then as from the expiration of that period the obligation shall be extinguished..."

I would also point out that the Office of Fair Trading (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".

There has been a period of 5 years (xx/xx/xxxx-xx/xx/xxxx) where no payment was made towards this debt or written acknowledgement of the debt was made. Unless you can provide evidence of payment or written contact from me in the relevant period under Part 1 Section 6 of the above Act, I suggest that you are no longer able to take anycourt action against me 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 statute barred could amount to harassment".

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

I look forward to your reply.

Yours faithfully

GeorgeUK

Ricky, are you saying there was a CCJ for a Scottish debt?

You may be able to have the CCJ set aside if you were not able to defend it and state that the debt was statute barred as your defence at the time the CCJ was made.

I've not heard of a Scottish debt going through an English court before though. You may want to post that one up on the consumeractiongroup forum if this is the case. Their legal boofins should be able to pick through exactly what and why this may have happened.

altaf_2

Hi Ricky,

Thanks for the advice. Yes i agree Active Kapital are a bunch of sharks. It is important to find out you have no debts with any company before ignoring or writing to them. I agree NOT TO RING THEM. That is the worst possible mistake one can make. All i did was to ignore the first five letters they sent me until i responded, knowing full well i did not receive any demand letters from anyone or credit agencies. I then sent one of the template letters on the forum three weeks ago and have heard nothing. Lets hope it stays that way.

thanks

Altaf

parker55

hello, today i have recieved a letter from debt collectors acting for the above for a debt that I have no recollection of.
It is addressed to my old home and under my old name which I haven't had for 10 years.
The debt is 1137.99

goblin_43

Hi,

I have had no one chasing me, but I do have a student loan.

I think its the new style one where you have to be earning a certain amount before they deduct it from your salary.

Will it be statute barred or does other rules apply to it?

Thanks

RAS

parker55 wrote: »

hello, today i have recieved a letter from debt collectors acting for the above for a debt that I have no recollection of.
It is addressed to my old home and under my old name which I haven't had for 10 years.
The debt is 1137.99

Unless there is a CCJ, if you last paid over 6 years ago, this is statute barred.

Send the standard letter on here or ignore them.

GeorgeUK

goblin_43 wrote: »

Hi,

I have had no one chasing me, but I do have a student loan.

I think its the new style one where you have to be earning a certain amount before they deduct it from your salary.

Will it be statute barred or does other rules apply to it?

Thanks

If it was taken out after September 1998 ,then it is a new style one and the same rules as for martgages apply - it would be statute barred after 12 years in England.

I'm not sure about the earning part, but if you have the debt deferred each year as the advise, this would constitute acknowledging the debt in writing. Do you know when the last time you requested payment be deferred was? The statute barred clock would start from this date.

Ricky38_2

Hi George,

Sorry I didn't get back sooner, I have had a really bad cold.
I will be using your time barred letter. thanks!
I'm 99% positive all my debts are time barred but I was concerned that
if I challenge them on this basis they will then pursue the debts through
the courts?
You have told me the debt is time barred in Scotland after 5 years but
when does the 5 years begin from, is it the date of your last payment
to the account concerned?
You are also correct the debt I have is in fact a Scottish Decree issued
through our local sherriff court. ( the dca was the pursuer not the oc )
Looking through my records the court decree was granted in May 2007
followed by an Inhabition order on my home.
the last payment to the account concerned was May 2000.
I basically ignored any letters sent out regarding the overdue account
from this date ( especially from any dca's )
Even though the decree was granted and I signed a bit on the court
papers saying I admit liability, can I ask to have the decree set aside
as it was in fact time barred at the time it was called at court in May
2007.
I wish I had known this at the time as I would have challenged the
action on this basis.

Ricky.
p.s. I'm going to see my appointed debt councillor tomorrow ( Friday )
for a chat to keep him up to date on my case.
Any advise on what I should be asking him?
and anything I shouldn't tell him about?

GeorgeUK

Hi Ricky

Unfortunately, i'm not 100% sure of what to do regarding the decree. I think as you have admitted liability, then you may need to pay the debt. I would post this query on the consumeractiongroup forum under (legal issues).

The 5 years begins from the date of the last payment made - this was the last time you acknowledged the debt.

How many creditors do you have?
It may be possible to send a subject access request to the original creditors to see when the last payments were. (SAR - cost £10)
Don't forget it is up to them to prove that the debt is owed - not up to you to prove it isn't.