thankyou

actually the default was removed in dec 2006 i started to pay in oct 2006 so the limitation act will not apply, I believe ,as i have acknowledged the debt (silly me) however if they dont have the credit agreement document do i still need to pay them even tho i have been paying I have requested a CCA from them, my thinking is if they cant prove the debt is mine then why should I pay I dont think they will be able to send the credit agreement to me, what i wanted to know was if this happens how will i get back what I have already paid them

i HAVE A FEELING THAT THEY WONT HAVE ANY EVIDENCE THAT THE DEBT IS MINE. IF THIS IS TRUE THEN CAN SUM 1 PLS RECOOMEND THE NECESSARY STEP TO TAKE TO RECLAIM OFF 1ST CREDIT THE MONEY THAT I HAVE ALREADY PAID THEM THANKS

Hey ok good idea will just wait for Aktiv to get in touch with me, if I did send Barclays a SAR, would it be the same as admiting the debt is mine and then the limitation act would not be valid anymore, Any thoughts. Also what are the exact timeframes for a CCA as I have been reading different times so I am a lil confused, what happens if I dont recieve the agreemment withing the timeframes Thx

Also it may be a good idea to check the other two credit refernce agencies as the information they hold does vary but if it has been more than six years then then information would now be taken off

Hey jossi its up to you, you can jus igonre the debt as they legally cant enforce it, so they have no right to pursue you for it as the 6 years are up, these companies are just chancers as a lot of people dont know the law and wil pay up straight away or arrange a plan and then the limitation act is no longer valid. If you do write any letter to the dca's state that YOU DO NOT ACKNOWLEDGE THIS DEBT and keep all letters to that you write to them. Dont talk to them over the phone,

Cheers for that

HI jon, I have never claimed bank charges, but my understanding is that I would start off with a letter to them and then eventually take them to the small claims court. Would I be able to claim the court fee back as well

Hey yeah I have put that in the letter jus need to get the postal order now, generally is it £5 or £10 for a SAR

hi there ok i will ask 1sr credit for a cca, when u say make a claim if they dont have the agreement how would i go about doing this, is it thorugh the small claims court or would i write them a letter asking them for the money back, also should i stop paying them or should i continue with the monthly payments as i was planning on clearing the £400 left as I get my bous in feburary, thanks 2 every1 who replied

thanx guys, i have rquested a cca from hsbc

Hey debt managers refered the debt back to aktiv kapital, i have sent them a request for the agreement, i wont contact them and will wait for the agreement

HI, I have been paying 1st credit for 2 /3 months now, over the last week i have taken so much info of this site and wish I had read it 3 months ago. I have a debt with 1st cred of around £500 left now, the thing is according to my credit reprt i dont own HSBC any money, so what should i do , now that I have started paying them will I have to continue to pay them or as the original debt is more than six years ago now should i jus leave it and ask them to prove the debt is mine. I know about the limitation act would this still apply I have heard bad thing about 1st credit am a lil worried, but if i dont have to pay then i wont i would rather spend it on other debts that i have

Hi I just had a look at my reports and it does not mention aktiv Kaital anywhere on there, they assigned the debt to another company called debt managers. who have now sent it back to them. My report does mention thames credit or I have heard are part of Aktiv Kapital, however my debt shows as satisfied and theres another one with thames Credit that shows a larger current balance than than what aktiv requested could this be the same debt to what I got a letter too, if it is it will be 6 years on 31.05.07. Pls help

so would they be able to use door to door collectors and would they take me to court over £450

may i ask why should i not communiacte via telephone

Hi thanks for the responses, its either jus over borderline 6 years or jus under i , i poster the cca letter today and have told them to send me proof of the agreement, i will not phone them anymore and will only deal with them through the post what would u advisee i do now, do you think that they will be able to provide proof to me, will they take me to court for £450 and if they dont are they able to send sum 1 round thank you

hey can any 1 pls help

Hi everyone, I just found this site and I must say its been veryuseful with some very knowledgable members. hopefully one of you guys may be able to help me. I recieved a letter from Debt Managers ltd on behalf of Aktiv Kapital concerning an overdraft they brought from Barclays Bank. I remember having an account with Barlcays and remembering it defaulting. It was passed on to a DCA and I used to pay them £40 p/m when I was a student. After I moved and forgot about the debt, About six years have passed now and they are now demanding money for the outstanding debt around £450. I called Aktiv and spoke to a rude young man who said that I had a moral obligation too pay the debt and that as I used to pay back in 2000 I had to pay now. I advised him that I wanted to see all the documents regarding the matter andfor them to prove the debt was mine, He was very apprehensive about this and seemed reluctant and kept telling me that he had proved the debt was mine, I advised him that this would not stand up in a court of law. He finally agreed to give me the address and I have drafted up a letter requesting a copy of the agreement that was signed by me. 1. Even if it is an overdraft would they still need to prove that the debt is mine and provide the relevant documents, is this debt still covered by the CCA even if it is a overdraft. 2. What does everyone reccomend that I do next, any help with be greatly appreciated. 3.I am not entirely sure when I made the last payt wether it was DEC 2000 or early 2001, what shoulkd I do regarding this 4.Has anyone got any stories regarding there dealings with Aktiv Kapital. The more I thing about this the more I worry as it is a lot of money to me. Pls Help thank You