Dilemma about Call Serve/Aktiv Kapital for New User

[Toffee1961]

Hello everyone, sorry I have not introduced myself in the usual manner, but wanted to get straight in and see if anyone could advise me.

 

I have recently moved in with my ex wife (since our divorce in January 2003) and I have recieved a Notice Of Action from a company called Call Serve acting on behalf of Debt Managers - Aktiv Kapital Asset Investment. They are threatening to take legal action against me in respect of a debt for £1494.80. I have never had any dealings with this company and have no idea of what the debt is for. I have not taken any credit agreements out since early 2000 and have not made any payments to any creditor since mid 2002.

 

The only things I can think of is:

1. I bought a cam corder on a credit agreement in spring 2000 which was financed by a company called HFC, but I think I only owed them about £200

2. When we got divorced we had a joint bank account with Nat West and had an overdraft of £800. My ex wife took an administration order out and Nat West refused to allow her to clear the full amount as it was a joint account. The most I would have owed on this was £400, but I have not heard anything from them since 2002.

 

I really am flummoxed as what to do next. Having read a lot of these excellent forums and the good advice on offer, not sure what my next step is. If anyone can point me in the right direction I would be forever in their debt (pardon the pun). Thanks in anticipation Toffee

[42man]

Hi Toffee and a very warm welcome to the CAG forums...

[42man]

It might be worth sending them this...(by recorded delivery - and do not hand sign it)....

 

Dear Sir/Madam

 

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 I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

[42man]

Keep us posted on how they reply.....if it is indeed an old debt that you have not paid anything/or acknowledged towards for over 6 years (5 in Scoltand) then it is staute barred...in which case send them letter 'M' from here...(again send it recorded and don't hand sign it)....

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

If they continue to harrass you after you have stated that you do not wish to pay anything towards a statute barred debt, then you can take them to court...!!

 

This is what the OFT say...

 

S 2.14 (b) -

• continuing to press for payment after a debtor has stated that they

will not be paying a debt because it is statute barred could amount to

harassment contrary to section 40 (1) of the Administration of

Justice Act 1970.

[Toffee1961]

42man you are a top bloke. Many thanks for that advice, I will send a copy of the letter you posted, by recorded delivery first thing on Monday. Watch this space, and again many thanks.

Cheers

Toffee1961

[havinastella]

If AK have this debt, then I would imagine it's Statue barred.

 

They are a bottom feeder and are easily disposed of

 

Jogs

[Toffee1961]

Quick update. I sent the above letter on 10th October 2008 and have not received any correspondence from them since. They did not acknowledge my letter!!

Hope that is the last I hear from them. Thanks for all the advice.

Toffee