Old Debts Being Chased On Benefits With 5 Kids!

[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

[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

[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

[PossVox]

Yeah, follow HAS's advice...

 

That's a better way to go...

 

PV