Help please, kind members!

[specialbrew4me]

Hello all. I am new to this forum and was recommended it by a friend.

 

Can anyone help me- I received a letter from a company called Debt Managers Ltd in Edinburgh acting on behalf of their client Aktiv Kapital today requesting the repayment of a £2300 debt.

 

I got into some debt trouble around 1999-2000 with an overdraft and a store card which I never paid back and believe tuned into defaults so i believe it is something to do with that.Since then though I have never had any correspondance etc at all from no one.

 

Looking at the very helpful posts other members have submitted I am interested in knowing if the Statute Barredprocedure will help me.

 

I would be very greatful for some guidance.

 

Regards

 

Emma K

[PriorityOne]

I would be inclined to ignore this first letter..... as it's only a "request" for payment. It should be statute-barred though anyway. If they think otherwise, then it's up to them to prove it.

 

They may not bother contacting you again.... but if/when they do, there is a template letter you can send. In order to completely cover yourself however, you will need to head it up with "I do not acknowledge any debt to your company" and send it off by rec., delivery; keeping the receipt.

 

[PriorityOne]

The template letter is here ...

 

Creditors and DCAs - Letter Templates & Budget Planner

 

Letter M

[42man]

Spot on Priorityone.....also worth noting that if they continue to harrass you for payment after you have stated that you will NOT be paying a statute barred debt, then they are potentially committing a criminal offence...this is what the OFT says as an unfair practice

 

Section 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.

[gni03349]

Prior to that though, I would send the £2 to each of the credit reference agencies for your credit record, just to make sure it IS Statute Barred... it never hurts to be sure, and it could be quite embarrassing for you otherwise. This is only if they persist though. I wouldn't worry about it at the moment as PriorityOne says.

[looloo200]

Please help me too! I have more than one creditor, have had repayment programme with all for one to two years. Tesco finance have terminated the agreement we have and demand Balance remaning 22896 original loan 24500, have been payin 170 per mth for 2 years. They made a phone call to me and stated if i didnt pay full amount they would obtain chargin order on my house. Then friday i received a solicitors letter demanding the full amount or legal action would commence and i would be liable to charges. I am worried out my mind any help or advice would be appreciated, i dont want to lose my kids home.

[looloo200]

Please help me too! I have more than one creditor, have had repayment programme with all for one to two years. Tesco finance have terminated the agreement we have and demand Balance remaning 22896 original loan 24500, have been payin 170 per mth for 2 years. They made a phone call to me and stated if i didnt pay full amount they would obtain chargin order on my house. Then friday i received a solicitors letter demanding the full amount or legal action would commence and i would be liable to charges. I am worried out my mind any help or advice would be appreciated, i dont want to lose my kids home.

[PriorityOne]

Prior to that though, I would send the £2 to each of the credit reference agencies for your credit record, just to make sure it IS Statute Barred... it never hurts to be sure, and it could be quite embarrassing for you otherwise. This is only if they persist though. I wouldn't worry about it at the moment as PriorityOne says.

 

OMG !! No, don't do that ... it's like inviting a load of DCAs to a mass rave at your place.... lol. The CRAs work hand-in-hand with the DCA industry and provide no way of telling you if an account is statute-barred anyway.... it will only show you if a default is there or not.... and confirm you current address to the DCA industry.

 

Embarrassment is a useless emotion and totally out of place when you're defending yourself.... so please don't waste any time worrying about what a DCA may/may not think of you. They are only interested in making money... and are not interested in you.

 

[PriorityOne]

Looloo.... you need to start your own thread on this one.... or it will get lost in someone elses.

 

I suggest you send a CCA request to Tesco however. with the £1 fee in the form of a postal order (if they have the account and it's not with a DCA, that is)... You also need a letter to go off to the solicitor informing them that you've sent Tesco a CCA request. Both need to go by recorded delivery.... and don't sign any paperwork; just initial your correspondence.

 

Creditors and DCAs - Letter Templates & Budget Planner

 

Letter N is the one you need.

 

In future, do not have any more dealings with anyone over the 'phone... just hang up or refuse to go through "security", or they will intimidate the cr*p out of you. It's not as easy for them to get a Charging Order as they would like you to believe.

 

Edited June 9, 2008 by PriorityOne

[looloo200]

Thanks priority one , but what is a cca request and what does it achieve

[PriorityOne]

Thanks priority one , but what is a cca request and what does it achieve

 

A CCA request is a legal request for a copy of your Consumer Credit Agreement (Consumer Credit Act, 1974). If an account is covered by CCA law (most are), then when a creditor/DCA fails to produce this doc. within the legal timeframe (12 days from receipt), you are within your rights to withhold all further payment until/unless it can be located and re-enforced in court.

 

You really need to start your own thread though, Looloo.... so that we have all the facts from your situation before advising further.

 

[looloo200]

ok i have done in help please kind members, i do have the original agreement does this matter?Thanks

[gni03349]

OMG !! No, don't do that ... it's like inviting a load of DCAs to a mass rave at your place.... lol. The CRAs work hand-in-hand with the DCA industry and provide no way of telling you if an account is statute-barred anyway.... it will only show you if a default is there or not.... and confirm you current address to the DCA industry.

 

Embarrassment is a useless emotion and totally out of place when you're defending yourself.... so please don't waste any time worrying about what a DCA may/may not think of you. They are only interested in making money... and are not interested in you.

 

 

 

Well... if the OP says "around", is it really 1999, 2000 or 2001, 2002, 2003? I know what you're saying, but the idea was to make sure the credit record is clean. If it's clean, what can ANY DCA do anyway?

 

The "emabarrasment" part was if the DCA(s) try the court route, and it was meant in the defence. If the paperwork was to show that the OP tried to say it was SB, when it wasn't...

 

That was my point.. or points, but your point (or points lol) taken.

[specialbrew4me]

Hello Everyone,

 

Can I update you on my thread from 2 weeks ago and ask for some more advice....please (although I see someone else has started a new thread within mine!)

 

I have just received a second letter from DCA saying I have been specially selected for a 25% reduction/discount. It goes on to say I must call immeadiately to take advantage of the special discount and inform what date I expect to make payment.

 

The letter then repeats in bold ink that they are pleased to offer this discount and they use the word Without Prejudice at the end.

 

To recap the debt is approx 7-8 years old and I have not made a payment or acknowledged the debtsince approx 1999-2000.

 

Once again thankyou members.

 

Emma K

[42man]

DO NOT CALL THEM....DCA's are known to lie to frighten you into paying....

 

Did you send the Statute Barred letter to them ?? Ignore the latest letter from them....if you hear again from them let us know....

[PriorityOne]

Hiya SpecialBrew...

 

Time to send the letter M template now by rec. delivery. Head it up with "I do not acknowledge any debt to your company".... and keep the receipt. Under no circumstances do you ring them, as already advised. Do not put "with prejudice" on the letter either.

 

This is really nothing to worry about... they are just fancying their chances in trying to collect a stat-barred debt.

 

[specialbrew4me]

Hello Members !

 

Please can I update my last two threads-

 

I have received another letter (3rd) this morning from the DCA saying that I have now failed to respond to their previous letters therefore they are instructing their doorstep agents to call to my home and collect the full amount of debt.

 

I have sent the Template M statute barred letter as advised by 42Man and Priority One but looking at the dates I think their latest letter was sent before they received my statute barred letter.

 

The letter then goes on to say I have a final opportunity to prevent a doorstep visit by telephoning them and I may still be entitled to a 30% discount on the debt.

 

Again their letter says "Withoutr Prejudice" and the letter ends saying failure to respond will result in an agent calling.

 

If someone visits can they take my furniture and TV etc. Do they have the right to enter my house?

 

Getting a bit worried now!

 

The debt is well over 6 years old. (I think it is approx 8 years old), I have never acknowledged or paid anything in that time either.

 

If Priority Man or 42Man is out there please could you give me some more advice.

 

Kind Regards

 

Emma K

[PriorityOne]

This is nothing to worry about..... and they are not bailiffs, so no-one has any authority to remove anything from your home at all. I very much doubt that anyone will turn up; it's just one of many very poor psychological tactics used to scare you into 'phoning them, that's all.

 

From time to time, debt collectors do show their faces, but if it does happen... just tell them to leave and if they start giving you any verbal, say you'll call the police, or actually call the police.

 

If you would prefer not to have this worry, there is a bog off letter that you can send, but in all honesty, they've probably got your stat-barred letter by now anyway.... so just file it away and ignore.

 

[specialbrew4me]

Thanks PriorityOne for all your advice on this.

 

Very much appreciated x

 

What sort of things can I expect now from the DCA?

 

When they receive stat barred letters do they acknowledge them or do they continue to act as they have been doing and ignore it?

 

Kind Regards

 

Emma K

[42man]

Dear xxxx

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing. Please note that I believe this debt to be barred by statute, and if you continue to press for payment then it will be regarded as harrassment.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Please note that this is an official complaint, and I would like you to send me your official complaints procedures within 14 days before I escalate this to the FOS, OFT and Trading Standards.

 

 

Yours faithfully/sincerely

[PriorityOne]

Depends on who it is... but if it's stat-barred, they will hopefuly just leave you alone. However, you're very unlikely to get a letter informing you that they've made a mistake...

[specialbrew4me]

Thanks 42Man for your template letter.

 

I have sent them Letter M, Stat Barred letter, do I need to send yours as well?

 

Also when I sent the Statute Barred letter I signed it.

 

Your letter says dont sign it.

 

I am panicking now!

 

Have I done the wrong thing?

 

Kind Regards

 

Emma K

[PriorityOne]

Stat-barred is stat-barred.... so it makes no difference whether you signed it or not and.... you only need to send the bog of letter if they continue to harrass you.

 

[specialbrew4me]

OK, Priorityone I feel rest assured now.

 

42man hinted that some DCA's have been known to photocopy your signature and put it on paperwork.....

 

Emma K

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[specialbrew4me]

Hello Everyone,

 

Just wanted to update everyone on what has happend to me so far, in particular PriorityOne and 42Man who have helped me so much-thanks guys your superheroes!

 

As advised I sent template letter M (Statute Barred) to DCA on Monday this week.

 

I have just received a letter this morning saying-

 

Dear Sir/Madam

 

As a result of your recent letter we have closed our file and passed it back to AKTIV KAPITAL ASSET INVESTMENT.

 

We can confirm that no further action will be taken by Debt Managers Ltd in relation to this account.

 

To me this seems good news but could I ask for some more advice...

 

Who is the DCA here is it Debt Managers Ltd or AKTIV KAPITAL?

 

What should I do now?

 

Should I send a letter to AKTIV KAPITAL?

 

It seems good news but will AKTIV KAPITAL send baliffs now?

 

Kind Regards

 

Emma K

 

x