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another of those debt collector letters
TAZ
Posts: 222 Forumite
I am hoping someone can help out here, my husband has received a demand for payment of £91 from debt collection company Aktiv Kapital, they demand these money from a very old toys R us debt. this debt was orig, with lombard tricity finance and has as far as i can remember been paid in full. it was actually first taken out in the late 90's. what i need to know really is where to go from here, i didn't want to ring them as i didn't want to make any admitance to the debt.
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Comments
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have a look at the advice here
http://forums.moneysavingexpert.com/showthread.html?t=99365
same stands for you, ask them for full details of the debtEx forum ambassador
Long term forum member0 -
Aktiv Kapital are parasites, who consistently try to collect imaginary debts. Send them a copy of the letter below to start with.Name of Creditor
Address of Creditor
WITHOUT PREJUDICE
Dear Sir/Madam
Re: Account No/Reference No:
No debt is acknowledged to you. You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.
I/we would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”.
The last correspondence/payment/acknowledgement of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me/us in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against me/us to recover the alleged amount claimed.
I/we await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.
I/we look forward to your reply.
Yours faithfully
(Your signature)
http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act0
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