Old Debts Being Chased On Benefits With 5 Kids!

[xsparklex]

Not sure where to start being chased for old debts been on my Eperian report and found that ive defaulted with two companys years ago!

 

Id ignored it all and since moved house and since being at new address its caught up with me again!

 

One is of £680 and with capital one started on 04/04/05 and the default was added 21/04/06 and they have just sent forms for a county court jugment which im not sure what to do with although it says don't ignore ect...

 

The other is AKtiv capital of £847 which started on 06/11/2001 and the default was added 03/11/2006 but they have since sent round sherforce debt collector to chase payment who i gave my mobile number out to and wishing i hadn't as they keep phoning me and threating county court also, they rang 5 times today leaving voice mail and i asked them nicely to stop calling!

 

Are they allowed to chase these debts still and was wondering what to do all about it as years ago i offered both payments but they were refused ans capital one just added interest to my account each month so i just ignored these debts but with another baby on the way and no money,xmas round the corner,being harrased on phone getting fed up with it and they arn't just going away lol... any help would be great!

[PossVox]

Hi,

 

You shouldn't ignore the County Court forms. You need to respond to them and decide whether you intend to defend the claim or not.

 

As for the Aktiv one, they have no right to call at your door or phone you constantly. NEVER SPEAK TO THEM ON THE PHONE.

 

I will put a useful letter at the bottom of this post. Edit to suit but DO NOT sign them and send them recorded delivery. The letter asks the people chasing you to prove that hey have a right to collect the money and also stops them phoning and visiting.

 

Are they both for credit cards? Do you dispute that you owe the money?

 

More help will come along soon.

 

LETTER:

 

Dear Sir,

 

Account no:

 

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

 

I would point out that your company has failed to comply with my request for a copy of the signed executed Consumer Credit Agreement, as the copy you supplied is illegible. I am therefore placing this account into dispute.

 

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

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

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 treat this also as a formal complaint, and send me a copy of your company complaints procedure.

 

Be advised that any further telephone calls from your company will be recorded.

 

I 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 look forward to your reply.

 

Yours faithfully

 

Hope this helps.

PV

[xsparklex]

Thanks capital one was a credit card that had really high apr and i couldn't pay the amount or interest and they just added late fees and interest and would stop it or accept my offer of payment,ive filled the forms in for the county court ect but its for a smaller amount of 300 quid so not quite sure where they are getting these figures from and i only spent £150 quid on the card lol but have no paperwork now to prove anything! Aktiv capital payed my overdraft off to hsbc bank when i got in trouble years ago it was all done at the bank but i have no forwarding address for activ capital or sherforceplus just phone numbers to make payments...

[havinastella]

The Capital One card is no problem to defend. Have they sent court papers or have they obtained a CCJ against you?

 

The Aktive Kapital one, when did you last make any paymrnt on this account?

 

Jogs

[PossVox]

Hi again,

 

Is this the Sherforce you mean:

 

Contact us

 

That link has their address which you can send the letter to.

 

Was the Aktiv one a personal loan to pay off an overdraft?

 

Here's their postal address:

 

Aktiv Kapital (UK) Ltd.,

Merchants House,

Hamilton Place,

CHESTER

CH1 2BE

 

PV

[xsparklex]

The Capital One card is no problem to defend. Have they sent court papers or have they obtained a CCJ against you?

 

The Aktive Kapital one, when did you last make any paymrnt on this account?

 

Jogs

 

Yeah captal one sent papers today for a ccj ive made no payments to them as they refused my offers!

 

Aktiv capital - never made any payments simply couldn't afford to!

[xsparklex]

Hi again,

 

Is this the Sherforce you mean:

 

Contact us

 

That link has their address which you can send the letter to.

 

Was the Aktiv one a personal loan to pay off an overdraft?

 

Here's their postal address:

 

Aktiv Kapital (UK) Ltd.,

Merchants House,

Hamilton Place,

CHESTER

CH1 2BE

 

PV

 

Thanks for address, yes think it was rembering sat in hsbc crying about them taking my money to pay my overdraft threatened to take my money elsewhere and then they got this aktiv capital to sort out my overdraft but it was their bank charges that made me overdrawn they just piled it on.

 

I think that is the company it says sherforceplus on my paperwork lol one peice but phone numbers are differant,same purple logo little sqres

Edited October 14, 2008 by xsparklex

[PossVox]

If you haven't made any payment or acknowledged the debt in any way for 6 years then it's what's called "Statute Barred" and cannot be enforced. I'm not sure if that is the case with you?

 

You can send for a copy of your Consumer Credit Act agreements (known as CCAs) on these alleged debts to see if these firms have a right to demand the money.

 

Overdrafts aren't covered by the CCA request but credit cards and loans are.

 

If I were you, I'd send the "Prove It" letter first and see what they come back with.

 

Keep us posted and you'll get all the help you need.

 

 

PV

[havinastella]

I disagree, with Aktiv Kapital sent the Stat Barred letter first off

 

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

 

Send letter 'M', do not sign it.

 

 

 

 

Have CAPONE obtained the CCJ or have they sent court papers?

 

If they have obtained a CCJ, you need to get it set aside.

[PossVox]

Yeah, follow HAS's advice...

 

That's a better way to go...

 

PV