Aktiv Kapital (UK) - Who Are They?

Ricky38_2

Hi George,

I've got 9 debts in total,
1. Aktiv kapital who can't provide a cca so they can get stuffed.
2. Income tax which I have come to an agreement, nearly paid off.
3. lowell who will not respond to my cca request.
4. capquest who have recently returned the debt to the oc as the oc
can't supply cca.
5. capquest who provided a cca but this debt as I have found out
is time barred as the last payment to the original debt was April 2000
before I started paying through debt advisor to pay token in Jan 2008.
6,7+8. thames credit who have not replied to my cca requests.
Should I send these requests to aktiv kapital as this is the parent company.
9. the debt I previously mentioned with the decree.

You may think I'm mad but it has just dawned on me that some of my debts I
don't even know who the oc is, although as I said they can't be newer than 2001
thats how I'm sure there all time barred.

George my debts are fairly small and now very managable but they have been heavily enlarged by intrest and charges and this p***es me off.
If you would like to comment on any of the above I would like to hear it.
I would also like to hear any suggestions or advise on my Friday meeting with my debt advisor.

Ricky.

Ricky38_2

Hi again George,

Sorry to hassle you but I need to know if I send off letter's stating I
am not paying any more as the debt is legally time barred can the dca's
start court action?

Ricky.

rog2

Ricky38 wrote: »

Hi again George,

Sorry to hassle you but I need to know if I send off letter's stating I
am not paying any more as the debt is legally time barred can the dca's
start court action?

Ricky.

No - and even if they did, you would only need to state, in your defence, that the debt was statute barred - this is considered a full defence and you would need to give no other reasons.

Ricky38_2

rog2 wrote: »

No - and even if they did, you would only need to state, in your defence, that the debt was statute barred - this is considered a full defence and you would need to give no other reasons.

Hi rog2,

Thanks for the advise.
But could I ask your advise on a previous question I asked Georgeuk?
I had a dca take me to court in May 2007 naming theirselves as the pursuer
and not the oc.
The Scottish decree was granted and unfortunately I signed something in the returned court papers that I admit the debt is mine.Within days they took out an inhibition order on my home.
This debt was last paid on May 2000 and I ignored any letters and certainly
never admitted liability to any dca until the court papers in 2007
Rog what I want to know is:-
1. Is the debt time barred at the court date?
2. If it is could I have used it as a full defence in this case?
3. If it is can I do anything about it?
4. Why didn't the court dismiss the case?
5. Can I get the case recalled so I can cite the time barring as a full defence?

I would also appreciate your thoughts on my posting 703 on this page.

Ricky.

GeorgeUK

6,7+8 - You should send the letters or CCA requests to whoever is chasing you for payment.

As Rog says, they can't take you to court for a statute barred debt. All they can do is "request" payment - not enforce the debt.

Personally i would look into whether it was possible to claim back any payment protection insurance, bank charges or credit card charges. Even though some of the debts are statute barred, there is a discussion on the CAG board that under Sctots law the charges can be claimed back 20 years and not just 5. I think this has something to do with a piece of legislation stating "any lawful charges" and these charges are argued to be unlawful. Worth having a look over there if you get time.

rog2

Ricky38 wrote: »

Hi Rog,

Thanks for the advise.
But could I ask your advise on a previous question I asked Georgeuk?
I had a dca take me to court in May 2007 naming theirselves as the pursuer
and not the oc.
The Scottish decree was granted and unfortunately I signed something in the returned court papers that I admit the debt is mine.Within days they took out an inhibition order on my home.
This debt was last paid on May 2000 and I ignored any letters and certainly
never admitted liability to any dca until the court papers in 2007
Rog what I want to know is:-
1. Is the debt time barred at the court date?
2. If it is can I do anything about it?
3. Why didn't the court dismiss the case?

Ricky.

Unfortunately, ricky, I am like George in the sense that I am not too sure of the 'vagaries' of Scottish Law.

My interpretation is that providing a 'Limitation Period' of five years had elapsed, during which time you had neither made any payment towards, or acknowledged in writing, the debt, then, under the terms of the Prescription and Limitation (Scotland) Act, 1973, that debt would become 'statute barred' and if the creditor, or dca, took you to court, you should use that fact as your sole defence.
IF you used that as your defence, then yes the Court should have dismissed the claim. However, it is up to the defendant to submit a defence - it is not, normally, up to the Court to look for possible defences.
I don't mean to sound harsh and I am sure that there must be a way that you can appeal against the Court's ruling.
However, the big 'if' for me is that once a Sherrif's Decree has been issued, then the 'debtor' can not use the Prescription and Limitation Act as a defence.
The question, to me, is 'Does that apply to a Sherrif's Decree which was issued after the debt had become Statute Barred'?'
Personally, I would definitely think that you have grounds to appeal the decision, but would strongly advise that you take some legal advice, from a Scotttish lawyer, on your position. For this, you could start by talking to:

• Scottish Debtline - www.scottishdebtline.co.uk - Tel. 0800 138 3328
• Community Legal Services - www.clsdirect.org.uk - Tel. 0345 345 4 345

I'm sorry if I can't be more specific.

RAS

Ricky

Can you pm coolcait as she is much more up on Scottish law as I think is bathgatebuyer and edinburgher.

Ricky38_2

My thanks to Georgeuk, rog2 and Ras for their help and advise.
I'll let you know how I get on

Ricky.

herbiecostello

Hi, just joined. just happy again by paying off what I thought was my final debt from a younger life of overspending. including £4000 arrested from my year end bonus for a bad car loan. Even asked to pay full debt with time instead of part settled agreed amount for some smaller debtss so they show as fully satisfied One debt still showing on my credit record for ge capital woodchester car finance. last record on my file is dec 2003. started getting letters this week from active Kapita saying

" our company have millions of customers worldwide and we have decided to help you with the above acount your balance etc is £8231.84, then a n offer of 25%dsicount id i commence payment. call tonite at my parents house where i am lodging now and used to live . asked me to confirm adress and dtae or year of birth. refused, said she would keep phoning . yold them i didnt know who they were and what waa it about. woudlent say. what do i say or not say on the phone.?? i think this from a car loan in 1997, did do voluntry termination when engine went, never paid another penny. cant afford too either

GeorgeUK

Hi Herb

Any idea when the last payment you made on the loan was? It may be statute barred.

Refuse to answer any security questions on the phone as you are currently doing. You are under no obligation to speak to them on the phone.