Activ Kapital

[mancini602]

Hello everyone...my first post here so be gentle.

 

Yesterday, out of the blue, I received 2 letters and my wife 1 (from Activ Kapital) for debts owing from over 10 years ago .

 

The letters state that my argument for the 'statute of limitations act' does actually not apply in these cases.

 

The thing is, I have never had a letter from AK before regarding these debts, and have not asked for any act to be applied. I've never spoken to anyone about these debts, so how they can reckon that I have written to them stating the debts are Statute Barred is beyond me

 

Do I just reply asking for a copy of the original agreements? To be honest, I can't remember if we owe these or not.

 

Any advice please?

[oneofakind]

Hi Mancini, and welcome.

 

Couple of questions...

 

Are these actually YOUR alleged debts Aktiv are chasing?

 

If so, can you remember when the most recent payment was made on the accounts, or you acknowledged the debt in writing?

 

If you have not been in regular contact with a creditor, and have NOT made a payment, or a written acknowledgement of the alleged debt, in the past 6 years, then that debt is unenforceable (5 years in Scotland).

 

Aktiv must have bought up a bundle of statute barred debts recently, because the same story as yours has cropped up several times on this forum over the past week. Just do a forum search on Aktiv and you'll see....

 

 

There are suitable letters to send them to chase them away, but for now, keep your head down if you haven't had any contact previously. If you should start getting phone calls (NEVER get into conversation with them on the phone!) or further letters, let us know and we'll help you sort them out.

 

[mancini602]

Hi and thanks for the reply. I and my wife had lots of debts with First Tricity and DSG years ago and after looking at our old paperwork stored in boxes in the loft, I can confirm we owe the money. I can also confirm that we have no records of any payment made to First Tricity in the last 10 years, have had no contact with them in that time either and we certainly have never spoken to AK before.

 

The 3 debts in question are 2 x £500 and 1 x £2000.00. They are offering 50% reductions to settle, (2 x £250 and 1 x £1000.00). They say that if we do not respond they will call in the solicitors!! As explained in my earlier post, these letters claim that we have written to them saying that these debts are statute barred. Their letters go on to say that "the Statute of Limitations' does not apply..............hence my point....we've never written to AK or spoken to them or claimed any statute of anything.........and I don't have 2 x £250 + 1 x £1000 to give them either!!

[oneofakind]

10 years?!? The boat sailed long ago!

 

Should they try to take action, they will first of all have to produce in court a valid agreement (unlikely after this time), and secondly they will have to PROVE that you have acknowledged the debt!

 

This is an example of bottom-feeding at its worst! They buy up unenforceable debts, and send out these pseudo-legal threats, in the hope that they can convince people to pay!

 

Leeches!

 

Stay cool

[firstwithit]

do nothing at the moment, just keep the letters safe and see what they come up with next and post on here for more advise.

Its not up to you to do the chasing it is them and they are flogging a dead one here.

[mollyr0x]

Should they try to take action, they will first of all have to produce in court a valid agreement (unlikely after this time),

 

AK dont have agreements for 10 week old debts let alone 10 years haha!

[mancini602]

Had a reply received on Saturday from Aktiv on 1 of my CCA requests.

 

Aktiv have stated that given the age of the debt, they do not have nor have access to the original credit agreement and have closed their file regarding this account.

 

The balance on the letter now states £0.00.

 

Would this be £0.00 as far as Aktiv are concerned or £0.00 in the sense that no-one else is going to come chasing for this?

 

Still waiting for the response on the CCA requests for the other two accounts.........

[Belaflat]

Even if they have agreements, after 10 years they are peeing into the wind regardless.

 

6 years no contact = Statute barred, end of story...(unless of course they got a CCJ)