Aktiv Kapital (UK) - Who Are They?

Ricky38_2

Ricky, who is your debt advisor?
(Solicitor, CCCS, Payplan, CAB?)

Hi George,

This guy I go to is a Debt counsellor his employer is
my local district council ( according to his business card )
I was advised to go see him by the citizens advice.
He is definetely giving me advise that is totally different
from anything on this site or on debtline.
I am now wary to send these letters incase it starts
it all off again.

Ricky

Ricky38_2

rog2 wrote: »

'Debt Advisor'

Ricky - I can only second what RAS has said. Unless the 'debt' is property related - in which case a letter from the creditor to the debtor can be accepted as 'proof' of acknowledgement - then the 'acknowledgement' must be not only in writing but from the debtor to the creditor/dca.

May I ask if your 'Debt Advisor' works for one of the Debt Counselling Charities or a Private 'Fee Charging' company?

Hi rog,
I'm with yourself and Ras on this one and it says the same at debtline
and consumer action but I am now having second thoughts about
sending the time barred letters until I can be 100%.

My debt advisor is to give him his correct title according to his
buisness card a ' debt counsellor ' who is employed by my local
district council.
I was told to go see him by the C.A.B.

Ricky.

Ricky38_2

Hi Ras,

Thanks for the link I checked it out and it is statute barred plain and simple
my debt counsellor is talking rubbish.
I will phone debtline on Monday to talk my case over and I'll post a
question for coolcait and hope they can advise.

Many thanks for your help,

Ricky.

RAS

Ricky

For your own sense of ease, please ring NDl Scotland and speak to them.

I would also suggest that you print off the NDl leaflet that I linked to earlier this afternoon and take it to your debt advisor. This person is telling you the wrong thing and there is a risk s/he is telling other people the wrong thing as well.

As I said before, we have people coming on here who have been told the wrong thing by solicitors, private debt advisors, and financial advisors, so it is not the first time by any means.

However, even though your debt advisor is wrong, what we have not sorted out is rog's concerns here

F 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

Have you spoken to either Scottish debt line or CLA?

Ricky38_2

Hi Ras,
My debt that you were quoting rog's concerns on is the only debt I have
with a Scottish decree still active and I will definetely be looking into
filing an appeal if possible but I will take advise first.
Ras the other debts are all decree or ccj free and I defaulted in all of them
no later than the end of 2001 some in 2000 I even have a debt that if
I'm right it is 12 years old.
I have never acknowledged these debts until I contacted this debt counsellor
in Jan 2008 who wrote to them all offering token payments.
Some of these debts I don't even know who the o.c. is.

Ricky.

RAS

Can you type out a ist of your alleged outstanding debts (maybe credit card 1 rather than blogs and muffin), when you originally defaulted and what you are paying?

GeorgeUK

It might also be worth contacting the govan law centre to see what they say on the matter.

http://www.govanlc.com/scotland.htm

Ricky38_2

(maybe credit card 1 rather than blogs and muffin)

Ras,

I may be thick but what the hell does the above mean?

Ricky.

RAS

Soory - me being thick?

Credit card 1 - £200 paying £1 per month
Credit card 2 - ?????

Rather than

Marks and Spencers XXX
Nat West

The latter could just be searchable, that's all. And some people think it is a bit personal.

sutton111

RAS wrote: »

Hi

You need to speak to coolcait or NDL or CCCS in Scotland.
Certainly in England the scenario you are suggesting would not be proof of acknowledgement. In England and Wales, it requires the debtor to write to the creditor and ackowlegde the debt. So a letter starting "I do not acknowledge any debt to your company" is OK.

However we gets loads of people on here who have been told much the same as you but solicitors and finaical advisors, and debt collection agencies.

Will try and check the NDL site for you.

I was told by Mackenzie Hall that because i hadn't written to them to advise them that i was moving it wasn't statute barred. (It is statute barred 2001 defaulted) What a pile of crap i rang the national debt line and they confirmed that its rubbish.

So DCAs will go to any length to get money even when it's statute barred.