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    • Thank you . Please stand by for a reply later on  
    • Sorry just get worried that they will make my life harder than they already have lol   Bought the car around 12th Sept 2022 for £78,000 from clinkard cars.   Performance, Prestigious and Specialist cars in Romsey, Hampshire | Clinkard Performance Cars WWW.CLINKARDCARS.CO.UK Performance, Prestigious and Specialist cars Dealers in Romsey, Hampshire Was a 2019 Range Rover with 25k miles, £20k deposit at £750pm pcp over a 4 year period.   Finance company are alphera (bmw finance) spoke to them in October 2023 about the damage my bodyshop advised me of but they told me to deal with the dealership. Paid for the repair myself as I was told the extended warranty I paid for (recommended through dealer) wouldn't cover it as it was an existing fault and not mechanical breakdown. When I got the £40k offer from the dealership they still didn't want to get involved unless I got an independent inspection done. Used Elite Forensic inspections as they seem highly rated online (more comprehensive than your average AA inspection). I just looked online for thr best inspections for customers eho hsbe alre purchased the car. Their report was super comprehensive over like 50 pages of text and photos. Comparisons to the advert photos against what the inspector saw made in clear that the damage was before I purchase it. Got the report back 10th Jan 2024 and couldn't believe that they'd picked up the level of accident the car had been in and raised an official complaint through Alphera, they couldn't come to a decision with 8 weeks so raised with FOS. Around the 7th March 2024. Small issues started within the first week of purchasing like ambient light not working on the side the car was hit and car randomly switching off completely when I'd stop at traffic lights/junctions. Dealers eventually got this sorted which I appreciate, but doesn't change the fact that they didn't check the car as well as I'd been told it had been checked and they'd sold me an accident repaired car and initially tried to say all cars have had paint due to stone chips etc. Also turns out the car had only had 1 service before I serviced the car in mid 2023 (when the service light came on the car).   So far Clinkard have had my car for nearly a month (so my wife and I hsve had yo share cars since), they've said we've taken the far to 2x garages so far to inspect it and got 1 more garage to take it to. Currently refusing to tell me what those 2 garages have said so far with the attitude of because you've gone through FOS we have to follow the correct channels and respond to the complaint through them which is quite annoying.
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Aktiv Kapital letter help


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Hello there,

 

I have just received a letter from a company called Aktiv Kapital acting as the Collection Agent on behalf of Aktiv Kapital Group of Co's they are saying the have bought the interest from Barclaycard for a debt I owe, it also says processing my account through public databases they have confirmed my address.

 

I have not held a Barclaycard account for well over 10 years and this is the first I know of this.

 

Whats the best way to proceed?

 

thanks

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Hello and Welcome, neveryoumind.

 

If you know when you last made a payment or acknowledged this debt, it may be Statute Barred.......

 

If a lender allows time to pass without receiving any payment an action for recovery may become barred.

 

Under the Limitations Act 1980 the time limits are

 

* in simple contracts (credit cards, loans, etc.), 6 years

* in contracts under seal (mortgages), 12 years.

 

If the debtor acknowledges the debt in writing or makes a part payment within the original limitation period, then the time limits start to run again from the date of acknowledgement or the date of payment.

 

Even though the lender may be barred from pursuing recovery, a debtor may decide to pay the debt after the expiry of the time limits. Because of this you should allow a debt which is otherwise statute-barred if the personal representatives pay the debt and you receive evidence that the payment has been made.

 

The above instructions do not apply to debts in Scotland. Under Scottish law, if a lender allows time to pass without receiving any payment an action for recovery may become barred under the Prescription and Limitation (Scotland) Act 1973. (For details of this Act see Gloag and Henderson 10th edition at Chapter 15.). These debts are completely extinguished and cannot be enforced. Once the prescriptive period expires the debt cannot be allowed as a deduction.

 

To sum up, basically once a debt becomes statute barred it is up to the debtor whether or not they wish to pay the debt. A debt can not become unstatute barred.

 

If it is Statute Barred, you could send Aktiv letter 'M' from the library.

 

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

 

Send it recorded and don't sign it.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

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RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Hello and thanks for the welcome and also the very quick response.

 

I have never acknowledged this debt, do I still send the suggested letter as it kind of reads like I am admitting liability for it? Do I also need to ask them to send me proof of the credit agreement I have signed?

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Hi,

 

If your sure it's Statute Barred, once you tell them your not paying it, that should be the end of the matter.

 

You could send them the 'prove it' letter and see what they come back with.

 

Dear Sir/Madam

 

Account no:

 

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

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

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

 

I/we 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/we look forward to your reply.

 

Yours faithfully

 

 

 

(Your Name) Print do not sign.

 

Regarding the CCA, depends on what sort of debt it is, if it's Stat Barred, makes no odds if there's an agreement or not, it's Stat Barred :)

 

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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You can alternatively send them this;

 

Dear Sir/Madam

 

Account no:

 

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

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

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

 

I/we 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/we look forward to your reply.

 

**Edit to suit**

 

Remember, don’t sign the letter.

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again thanks, I am 100% sure that it is over 6 years, am a correct then in thinking that I should ask them for a "prove it letter" first and then send them the a "statute barred" letter if they still persist?

 

Nope, just a statute barred letter will be enough.

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  • 4 weeks later...

I just heard back from AK regarding my letter I sent asking them to prove that the account is mine by sending me the credit agreement and got a response from them saying

 

In order for us to assist in investigating and resolving the issue i raised we would ask that you contact or cust relations team on the above number freephone number.

 

the purpose of this is to ascertain certain important facts in the matter which will assist is in complying with you request and/or resolving your query.

 

whats the best way to proceed from here as I am not going to phone them, surely the fact that I have asked them for proof in the first place means that have no info??

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Hi,

 

Wait until they write to you, it's for them to prove you owe any debt.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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thats what did in the first place then got the above letter that I summarized in my last post, as the letter above they sent kind throws the ball back to me? Should I not reply to that telling them that I have already asked them to prove the debt is mine and they still havent done that?

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Hi,

 

If you sent them the 'prove it ' letter, wait until they 'prove it' :)

 

I would'nt waste any more money sending them anything, if the want any money from you, they will get in touch.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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Agree with maroondevo52 here, its for them to prove, not you to assist them. You have stated your position and shouldnt deviate from that until they do prove it.

 

And obviously they would want you to phone them when they can attempt to threaten you with all kinds of things that thankfully they cant do :)

 

S.

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Hello Again,

 

I have just received another letter from AK dated friday again asking for me to respond as they did not receive a response to the 2nd letter they sent me last week, this one goes into saying that without my assistance they wont be able to resolve my query efficiently. Is there something I should send them asking them to refer to my original letter asking them to prove the debt is mine ie by proof of signed CCA and also that the debt is now stat barred?

I am just guessing they are going to keep a barrage of letters coming my way now???

 

again thanks for your kind help

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Hello Again,

 

I have just received another letter from AK dated friday again asking for me to respond as they did not receive a response to the 2nd letter they sent me last week, this one goes into saying that without my assistance they wont be able to resolve my query efficiently. Is there something I should send them asking them to refer to my original letter asking them to prove the debt is mine ie by proof of signed CCA and also that the debt is now stat barred?

I am just guessing they are going to keep a barrage of letters coming my way now???

 

again thanks for your kind help

 

Well you have three choices, either a)ignore or b)you could reply back with something along the lines of :-

 

I thank you for your follow up letter dated xx/xx/xx however I am afraid I am still awaiting a reply to my letter dated xx/xx/xx asking you to substantiate the claims you have made in your original letter dated xx/xx/xx. Until such time as I receive a detailed response to that letter I'm afraid I am unable to assist you in anyway.

 

Regards

 

 

or c) Ignore and complain to OFT that this company have not substiatiated the debt and yet are still chasing you.

 

Personally I'd do ©

 

S.

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Well you have three choices, either a)ignore or b)you could reply back with something along the lines of :-

 

 

 

or c) Ignore and complain to OFT that this company have not substiatiated the debt and yet are still chasing you.

 

Personally I'd do ©

 

S.

 

 

thanks. I'll go with c. are there any templates on here for writing to OFT?

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thanks. I'll go with c. are there any templates on here for writing to OFT?

 

No templates that I know of but as each complaint is individual it tends to sound better just setting out whats happened and the company involved.

 

OFT dont take individual complaints but will store them for future actions they take on companies.

 

Might be worth just sending AK a note stating After receiving their harassing letters you have complained to the OFT as you warned.

 

S.

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