Thread: Aktiv Kapital/Barclays advice needed.

A close family member has come to me in desperation over the actions of these two entities. It seems he defaulted on a balance of £700 on a Barclaycard back in 2002. Paperwork suggests they put it into Northampton county court and he applied for a Time Order at £1 per month due to his dire circumstances (made redundant after directors of employing firm jailed for fraud). Barclays then cancelled the court case, instead sending him a letter stating his offer was not acceptable, the court costs would be added to the balance owed and it would now be sold on to Olympia Credit with an interest rate of 1.45% to be continually added along with the instruction to the DCA the debt was never to be written off!!. (He is looking for this letter currently so I can post it up.

Harrassment from Thames Credit started in 2004. Despite the CCA approach all he has ever received is a look alike document, no partics, which I doubt there will be an original. He has heard nothing for two years now he has heard from Aktiv Kapital stating the balance is now £2,700 + and so on.

Clearly limitation is an issue here but has anyone else dealt with a case whereby a bank have cancelled the court action, added the costs with interest because it did not glean the result expected? They always knew he was living on unemployment benefit having gone from £35K per annum. Any advice would be great, as he is at his wits end. Incidentally, he is now totally disabled having had 2 major breakdowns and so is unlikely to work again and needs looking after.He lives in rented accomodation.:cry:

Hi Stirling,

If the court case was dropped, then BC and their DCA's are limited as to what they can seek to recover.

You should post up the letter saying the debt was to be sold with on-going interest charges AFTER the court costs had been added to the debt.

Are you in Scotland and when did YS last pay anything toward the debt, or acknowledge the debt in any way.

The Limitation Act 1980 says the debt is statute barred 6 years after the debt was last paid toward, or acknowledged. So from what you say, 2004 was the last time YS ackn'd the debt and it won't be S-B'd until sometime next year.

It's your prerogative as to how this is handled but I think doing nothing is the way to go just now.

If they start (as opposed to simply threatening to start) court proceedings, then you can defend and:-

1. Ask for the original credit agreement (which they may still have on Microfiche). If they provide the document, we can check to see if it is enforceable.

2. Ask for all statements for the original account so you can identify and reclaim all penalty charges plus interest.

3. Ask for statements for the period after the debt was sold on to Olympia and then Thames so you can see how they've arrived at the £2.7K current balance. If they have added on any interest and/or charges (including the court costs), this can be challenged.

But my advice just now is to do nothing.