I guess it's just the lure of trying to draw a line under things for myself that's prompting me to consider contact. Having thought about it I'll wait for the illusive N1 from the court as if the debt is SB, as I believe, then it's the ultimate defence, and it saves me from endless correspondence as no doubt they'll think they have a salmon on the rod if I respond.

Received a FINAL NOTICE today stating that the amount remains outstanding and that the letter should be accepted as final notice and they will recommend to their client that they commence legal proceedings. Hmm. Wondering if I should hit them with the SB letter now? I know I can't have made a payment. However I cannot be sure they don't have correspondence from me they could possibly use as an admission of the debt. Thoughts?

Thanks all, appreciated. It's actually Santander I'm discussing. They have given me a full current account (no overdraft etc) but I had a previous credit card with them which they sold to Aktiv Kapital. To be honest I was happy with my basic account (held with another bank) but they recently changed the terms restricting me to using their cash points only, which is not handy. That's why I changed but I've yet to fund the Santander account for fear they'd off-set.

Can someone explain the rules on off-setting please? For example: An individual has a credit card with a bank, defaults and the debt is sold to a DCA and is reflected as such in their CRF. If they were then, at a later date, to hold a new current account with the bank, could the bank off-set the debt against funds in the current account-given that it is both SB, and sold to another company?

I'll keep my eyes peeled then You do have to wonder why its taken over 5 years and still no definitive collection action, and why the sudden rush? I'm guessing its one last push as AK and BCW know it's SB, before they sell it on to some other sucker!

Thanks dx. I actually find it crazy that 1. They even mention Barclays as the debt was sold to AK, and 2. How many charges must have been applied to the account to just from £4k to £6k! Out of curiosity is there a letter that I may receive that I should be worried about?

Well...... Today I have received a 'Formal Demand' from BCW. In this they have identified the Client as Aktiv Krapital, and the Creditor as Barclaycard. They claim I owe almost £6k but according to my records Barclaycard sold it at just over £4k! What is the significance of this 'Formal Demand'? They state: "Our clients have informed us they are unaware of any legitimate reason for non-payment of their account and although they would prefer an amicable settlement, will not hesitate to comment legal proceedings if necessary" As I said earlier in the thread I was able to trace through my bank statements all the way back to March 30th 2007 and I have made no payments to anyone either by cash, postal order, DD, card transaction or cheque. My other two bank accounts by this point were not functioning as I owed money on ODs so I know no payments can have come from them. Is this another ignore letter, or is it worth worrying about enough to start fighting back given from I can see the debt is SB?

Thanks to all I'm just going to sit on it for now as I know I couldnt have made a payment anyway. If they ramp up the threat o grams I'll consider further action. My main aim now is letting my credit file clean up as the defaults drop off, and try to clean anything up that might appear due to DCAs playing silly beggars ;-)

Well I've just spent an hour running through my bank statements online and I can confidently say I made no payments to any creditor from March 30th 2007 onward. I did have another account but I abandoned it due to being in the OD. So unless I sent them cash, or a postal order I know I couldn't and haven't made a payment since then. The only sticking point now may be working out when I last wrote to them as I was trying to negotiate. Trouble was they were so stubborn I gave up! Are they likely to produce a letter dated within five years that I may have sent, given they can't seem to even keep people's credit agreements on file? This may all be irrelevant given I plan to ignore, but a plan B is always worth having

Thanks dx, much appreciated. I'll file it away and keep an eye on my credit reports. I'm hoping all this will start to tidy up next year when the defaults drop off. Hated all the worry I've had with the debt, which only added to my ill health. Really wanted bankruptcy at the time to draw a line under it all, and I considered it when the LILA scheme arrived but glad I didn't. It's such a mark against you it seems.

I guess what I was angling at was if I sent the SB letter and there was indeed no token payment all is well. If however there was a token payment at some point (and I haven't remembered) then could it give them enough desire to start to pursue? In comparison to just totally ignoring it as it seems from reading on here the more you respond the more they pursue?

Thanks dx and others, My only concern is that whilst my credit file shows the last payment officially being 5 years and 1 month ago, and I'm in Scotland, therefore suggesting SB, I'm worried there may have been a token payment made. At the time I was advised to ask for all my debt to be written off. If this wasn't accepted to pay nothing and await bankruptcy proceedings. This advice was given as I'm chronically ill. So is it best just to ignore, or risk the SB letter?

Received a letter from this outfit on Monday. It states; Dear Mr X, We are trying to contact Mr X with regards to a private matter. We have confirmed your address through a credit link obtained via a credit reference agency as being the same person who previously lived at the original above address. It then goes on to state they act for Activ Kapital and that I should make contact with them to provide relevant details. If I am not the individual concerned, contact them anyway and they'll remove me. To be honest the letter makes no sense? Are Activ Krapital not big enough to contact me? or is it a case of BCW trying to collect an alleged debt for financial benefit? Equidebt were at it a few weeks ago as well......... The debt(s) in question are, to the best of my knowledge, statute barred as it's now 5 years and 1 month after the last payment was made according to my credit file - although it's not 100% clear as one shows as last payment in Feb 2007, then payments missed from March 2007 onward, whilst the other shows no update for most of 2007 and then a default in January 2008. Naturally I'd like to draw a line under it and send off the SB letter, but I cannot be 100% sure there wasn't a token payment made after they stopped updating my CRF. So my options are; 1. Ignore until they show their hand 2. Send the SB letter - but risk them coming back with some sort of proof I paid something thus altering the SB date and flagging myself up to them. I'm inclined to go with 1. but happy for opinions!

That was my understanding. Really don't want to be strung up by Santander though.......

Does anyone know if Santander and Aktiv Kapital are linked? I ask as I opened a new bank account with Santander as I was dismayed at my old provider who were limiting cash withdrawals to their cash machines only. After opening the account, switching DDs etc it struck me I should double check who Santander have 'under their wing' According to Payplan if you have any issues with Aktiv Kapital they advise you not to use Santander for fear of 'set-off' The last thing I want to do is lose any money I have coming in as most of it is ill-health pensions and state benefit. Anyone know for sure?

Well they're back like a bad smell again.......... This time they've not sent the letter to the correct postal address despite doing so before. I only received it as my Postman knows where I live. Anyone seen them do this before? They have offered a one off payment then instalments, or a total payment in one go. Neither offer a discount strangely. What I find even more bizarre is they claim to be collecting on behalf of Aktiv Krapital. I thought they were more than capable of fighting their own battles?

Hi, it's as what has been posted below. That's what I was meaning. So can anyone answer my query?

Can a DCA and/or OC randomly file a GAIN notice? If they can, how long do they stay on your file for, do they fall of at the six year point?

Thanks 'Boo, much appreciated. It's already in that pile I just wish there was an easy way of finding out conclusively that my debts were SB. Being in Scotland helps as it's only 5 years, however it hinders as they appear on your file for 6 so using the rule of thumb that it's off your file, then it's SB goes out of the window. Think I'll just try and ignore it all. Seems to have worked thus far!

I've today received another letter from these pond-life. They have now disclosed who they allegedly collecting on behalf of, how much is owed etc. They have stated that unless I make contact within seven days they may either 1. Commence further action through a solicitor, or 2. Send a collection agent to my home. To be honest the language infers that they probably don't have a leg to stand on, and if some pensioner in a dirty mack arrived at my home he'd get short shrift! However, all this aside the original creditor sold the debt it would appear to another debt collection company, and from what I can see my last payment to the OC was around April / May time in '07 which means it's very shortly SB as I'm in Scotland. Equidebt are allegedly collecting on behalf of the DCA who bought the debt from the OC. It's all very fishy to me as the DCA who, as far as I'm aware, still own the debt are more than capable of collecting things! Any input welcomed

Thanks Brig, Would I have legal recourse if they did indeed check my file etc? I've browsed the 'net for answers and the only close answer is from the forums over on Money Saving Expert where, as I'm sure you'll agree, they have a very dim view of debt, even though it's nothing to do with my partner.

My partner has bought a house and today received a call from the mortgage underwriters. I should add it is a sole application in her name (I have poor credit through ill health) and she saved her deposit on her own, and will pay the mortgage on her own. I will however live there. They asked if anyone would be living with her, and who I was (there are cash transfers to me on her bank statements she had to submit). She explained that I would be, and they asked for my D.O.B and name. I am under the impression they cannot look at my CRA without either my permission, or having a legitimate reason to do so. For example, joint application, monies owed etc. Is this the case? I'd hate to see her denied at the last hurdle because of me.

Thanks Brig, that's what I thought.

Hello All, has anyone on the board had dealings with Equidebt? I've had a letter from them; Usual format, Reference number, are you this person, if so call, if not call and help us find them. I'm going to file in under 'ignore' as it seems like a fishing trip for them. Most of my debt becomes SB by August of this year (5 year point as I'm in Scotland), and in fact some of it should be now. I'm just trying to keep my head under the radar.

I've been checking all three of my CRAs, but only recently got access to Call credit by signing up to Check My File. I've noticed that whilst Equifax and Experian have noted defaults only once ( on roughly the correct dates if I recall correctly) Call credit add a 'D' every month! This means they'll never drop off my credit file, or is it purely the way Call credit and perhaps Check My File show the information? Assuming they are doing this, is it a case of carrying out a SAR request and complaining to the information commissioner of the creditors involved to have the default recorded only once? Naturally I'll be waiting until the Statute Barred time to do so, I just can't see how two agencies are recording it correctly, yet one is not? Edit** I have just checked the downloaded report and the "reported until dates" are the same across all three agencies. So hopefully the drop off(s) will happen as they should. I'm still baffled as to why Call Credit put a D next to every month?