Aktiv Kapital

jacnorm

Aktiv Kapital have written to my husband saying they are going to send someone to our house to collect money for an old debt. The debt is around 7 yrs old and he has never had any contact off them until recently can they do this?

poorandindenial

No they can't, well they can but you can just tell them to bog off and it is generally frowned upon for them to do this.

If there has been no contact over the debt for seven years the debt is almost certainly statute barred and therefore unenforceable in the courts.

They can send someone round but they have no right of entry and can't make you pay a think, it is basically the same person as at the end of a phone from one of these companies hounding you but in person.


Go to the letters section of the nationaldebtline.co.uk and send them the letter for statute barred debts (I'll do a link in a sec)

At the top of the letter write that you do not acknowledge the debt, do not sign the letter and send it to them by recorded delivery

Just type the company name into the forum search and see what comes back - they are slightly notorious for chasing debts that they can't enforce.

EDIT to say that while you are doign the letter you may as well pop down that you will only deal with them in writing.

poorandindenial

Info about statute barred debts

click here

poorandindenial

And info about harassment in case they step up their tricks:

Click here

RAS

jac/norm wrote: »

Aktiv Kapital have written to my husband saying they are going to send someone to our house to collect money for an old debt. The debt is around 7 yrs old and he has never had any contact off them until recently can they do this?

AS PID says, no they cannot. it is against OFT Guideleines to visit without prior AGREEMENT.

If the debt is statute barred, it still exists but it is not enforceable. So they are legally entitled to ask him to pay, but once he tells them he is not going to, they have no legal option but to stop chasing him. Do not assume they will necessarily obey the rules though.

He needs to try and find out when he last paid towards this debt, or acknowledged it in writing. If there is or was a 6 year gap, then it is statute barred unless there is a CCJ against him. In which case he needs to send the Statute barred letter.

If there is a CCJ and more than 6 years have elapsed, they have to go back to court to get permission before they pursue him for the debt.

jacnorm

Thank you for that it has put my mind at rest. Will let other half know he will stop worrying now. Jacqui

RAS

It is important that he send the letter promptly.

1. It should include a section on the DPA, requiring them to erase all records from their files.
2. if you do not send the letter, they will sell the debt onto another DCa and you will get more letters aboout the same debt.

thfccambs

My girlfriend has been getting letter from these people for about 6 months.
We have just ignored them as they didn't say what the debt was for.

We've come home today and found a card thats been put through the letter box
from a collection agent who's been around whilst we was out.

Still have no clue to what the debt is for though?

Not sure if we should call the number on the card or not?