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Hi everyone. I'm new here but should become a regular contributor in all sections given my rather tangled financial affairs.

 

My partner and I have resolved to sort out our finances once and for all for our family's sake. We have three children aged two to six.

 

First up I have a letter in front of me dated, 3rd April 2009 from ScotCall..

 

It reads:

 

"Our Ref: xxxxxx

Balance: £291.47

Client Ref: xxxxxx

Creditor: Aktiv Kapital Uk Limited

 

FINAL NOTICE

 

Dear Sir/Madam,

 

Despite being offered numerous opportunities to resolve this matter etc etc."

 

We used to get phone calls from them but seeing as we both refuse to EVER give out any personal information over the phone this has stopped.

 

Now here's the thing. As far as my partner can remember this alleged debt dates from when she first moved into our house 13 YEARS AGO. She had some curtains from Laura Ashley and took advantage of their Store Card to buy them. However, the curtains were returned and the account credited and closed.

Sometime after this (can't remember how many months/years) the letters and phone calls started coming. Everytime she had a call she explained the situation but obviously the alleged debt has been sold on and on and we are where we are today. She did write to Aktiv Kapital explaining our position but we can't remember the exact date and didn't keep a copy.

 

So my question is: What next? How can we get this dealt with and our credit record put straight?

 

Thanks in advance,

 

Smelly Dog

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Hello and Welcome, Smelly Dog.

 

What's on your file regarding this alleged 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.

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Hello and Welcome, Smelly Dog.

 

What's on your file regarding this alleged debt ?

 

Regards.

 

Scott.

 

Hmmm. Haven't checked our Credit Histories for some time.

 

Smelly Dog

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Hi Smelly Dog,

 

1st off make sure you put the alleged account in dispute:-

 

xxxxxxxxxxxxxx

 

xxxxxxxxxx

xxxxxxxxxx

xxxxxxxxxx 2009

xxxxxxxxxxxxxx

xxxxxxxxxxxx

xxxxxxxxxxxx

Dear Sir/Madam

Re:− Account/Reference Number xxxxxxxxxx

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

Please be advised that until this is satisfied any communications made on behalf of your company or third parties to myself will be charged at £XXXX per telephone-call/email/sms/fax/letter of demand or other such like communications.

I look forward to hearing from you.

 

Yours faithfully

 

*********

Please put your own value in and make sure its not in bold, this notification will come in handy; enclose the PO and send the letter..... voila! step one in dispute!

 

A.

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Thanks very much. Very prompt and explicit advice. That's what I'm here for.

 

Cheers

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Hi,

 

Hold fire on sending Silversurfers letter, You say the account was closed, I take it you have nothing to prove this, or did you ever have anything in writing, saying the account was closed with a '0' balance.

 

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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After you have recorded delivery, and therefore notified the charges, make sure you record every phonecall/letter etc ....... respond with phonecalls "all correspondance in writing please"... every time. remember that every time you acknowlege there calls they are charged £x for that as notified.

 

Therefore diligence is on there behalf.

 

A.

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Thats true Maroon,

 

but how about harassment, and valuing time spent on statute barred debt, these DCA's need enforcing, with our own right unto common law.

 

Then just the notification charge

 

Cheers

A.

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Hmmm. Haven't checked our Credit Histories for some time.

 

Smelly Dog

 

Ok, just wondering if anyone had added any adverse information recently.

 

This alleged debt will be Statute Barred..............

 

The Limitations Act 1980 outlines the time limit within which a creditor can chase a debtor for outstanding debts. The Limitations Act 1980 only applies when no contact has been made between the creditor and debtor within the given time limit and only applies to residents of England and Wales.

Creditors are given a fixed period of time to chase their debtors, which is outlined in the Limitations Act 1980. The time scale mainly depends on the type of debt and can be extended at the courts discretion. The time limit begins when you last admitted owing the money or made a payment.

Should the creditor fail to maintain contact with the debtor, for a period of 6 years or more, it is possible to claim that the outstanding debt is "Statute Barred" under the conditions of the Limitations Act 1980.

The Limitations Act 1980 also has additional effects, depending on the type of debt in question:

Unsecured debt

 

You may have assumed that your creditor has "written-off" a debt if you have not heard from them for a long period. In many cases, it could be down to your failure to inform them of a change of address, but the debt will still exist and creditors are entitled to chase the debt indefinitely (even after the debt has become Statute Barred), however they can only use the legal system to recover the monies for up to 6 years after the last payment was made to the account.

Remember, creditors are still able to pursue an unsecured debt if:

 

* They have previously obtained a judgement against you (a CCJ);

* You have made a payment to the account within the last 6 years (this includes anyone else named on the credit agreement)

* You have established any contact with the creditor (this can be a phone call or letter to request a balance or change your details), except to deny that the debt exists.

 

If a creditor continues to contact you after accepting that a debt is Statute Barred and you have stated that you no longer intend to pay the debt, you may be able to claim harassment contrary to section 40 (1) of the Administration of Justice Act 1970.

 

 

Statute barred

In principle, a debt cannot be enforced after 6 years from the date upon which it became due.

The 6 years runs from the last time that the debt was acknowledged in any way or from the last time that a payment was made towards the debt.

Once a debt has lapsed, it cannot be revived - even through a subsequent acknowledgement or payment.

The relevant law is contained within the Limitation Act 1980.

 

 

Letter 'M' in this link............

 

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

 

Once you inform them, It's Statute Barred, that should be the end of the matter.

 

Regards.

 

Scott.

  • Haha 1

 
 

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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Hi,

 

Hold fire on sending Silversurfers letter, You say the account was closed, I take it you have nothing to prove this, or did you ever have anything in writing, saying the account was closed with a '0' balance.

 

Regards.

 

Scott.

 

We probably did at the time but it is so long ago we have no records. I am going on the word of my partner here and she is adamant that the curtains went back, account was credited and closed. I have asked her to be absolutely certain about this and she is.

 

Smelly Dog

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We probably did at the time but it is so long ago we have no records. I am going on the word of my partner here and she is adamant that the curtains went back, account was credited and closed. I have asked her to be absolutely certain about this and she is.

 

Smelly Dog

 

And might I add that I am confident that the one letter we did send them was to deny that we were liable for the debt and to ask them to provide us with any proof or evidence that they had. Although we no longer have a copy of it, from memory I think it was over 12 months ago.

 

Regards,

 

Smelly Dog

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sending the statute barred letter, please ensure you add WITHOUT PREDJUDICE on the top, this is without notification of charge

 

A.

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Mr Maroon, phonecalls and obtaining balances dont mean anything; phonecall are only acknowledged once the initiator advises the the recipient that it will be recorded.

 

What do you think about this altenative letter?

 

 

WITHOUT PREJUDICE

Dear Sir/Madam

Account No: xxxxxxxxxxxxxx

 

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

 

 

I would point out that under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".

I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

 

 

The last correspondence/payment/acknowledgement or payment of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any action against me to recover the alleged amount claimed.

 

 

The OFT Debt Collection Guidance states further that "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".

I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

 

 

I look forward to your reply.

 

 

Yours faithfully

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just to note; and i might add i am not a professional giving advice here in instance

 

If you add value to the claim albeit against a smaller sum; say £50/corres x 100 phonecalls = £5000, put this along with all correspondance before a judge and you have yourself a whacking counter claim under the administration of justice act of 1970; under civil procedure.

 

cheers

A.

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I'm holding fire until I am sure which course of action I should be taking.

 

I've also attached a copy of the letter which seems to threaten that "further action will be taken."

 

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=11348&stc=1&d=1249423750

 

 

This would seem to rule out that any legal action (ie. CCJ) has been taken before.

 

Cheers,

 

Smelly Dog

ScotCall 030409.jpg

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Aktiv Kapital specialise in pursuing non-existent debts - I am surprised they are still in business.

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Ok. Letter M has been printed and should be sent by recorded delivery tomorrow.

 

Cheers,

 

Smelly Dog

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Hi Smelly Dog,

Welcome to CAG, sorry to hear about your problems.

You'll get lots of support on here :)

 

Ok. Letter M has been printed and should be sent by recorded delivery tomorrow.

 

Wise move, will be interested to see what comes back.

 

If you need to post any more documents it might help to upload them to Tinypic.com and place the link in the thread, as the one above is too small to read. Alternatively you can open a free account with photobucket.

 

If you need any more help just shout :)

All the best

Elsa x


PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

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hi all, i too was getting letters from scotcall but when i asked them to send me the original credit agreement enclosing the obligatory £1.00 they sent me a letter back saying that they were sending the debt back to the client,now i have recieved a letter from another company, RESPONSE Credit Management,also based in glasgow asking for the moneyand that i must phone them within 14 days and pay immediiately by debit/credit card,should i deal with them the same as scotcall by asking for a full and original credit agreement,and could this be the same company going under a different name thank you sandy

Edited by sancov
misspelling

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Hi, sandy.

 

I'm not sure if Responce are linked to Scotcall, you could send the 'bemused' letter to Responce.

 

 

ACCOUNT IN DISPUTE

 

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

 

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE 2009.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998

 

My last letter from **original creditor/DCA** was DATE and intimated that my complaint would be

resolved on **DATE**, this obviously hasn’t happened.

As **original creditor/DCA** are now in default of my Consumer Credit Act request, OFT Collection Guidelines, *Subject Access request and have also breached *s10 Data Protection Act request , I consider this account to be in SERIOUS DISPUTE.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA** cannot lawfully pursue any enforcement activities.

 

If **New DCA** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

 

I hope that this will not be necessary and an acceptable solution can be accomplished.

 

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

 

 

Send recorded and don't sign.

 

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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Hi all,

 

Just back from holiday and we have had a very prompt reply from Scotcall.

 

"Please find enclosed Paperwork relating to an account we are no longer dealing with.

 

It was returned to our client on 29/04/2009.

 

Please contact them at the address supplied quoting their reference number XXXXXXXX.

 

Our Client: BCW Group PLC

24 George Square

Glasgow

G2 1EG"

 

So what next? There was NO Paperwork enclosed. Just the letter?

 

Smelly

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So what next? There was NO Paperwork enclosed. Just the letter?
Just wait to see which lowlife contacts you next.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

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So do you think that will be their tactic? Leave it a few months and put another company onto us?

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They shouldn't, but if they do you should complain to TS's through Consumer Direct & the OFT because they will be in breach of OFT guidelines & CPUT.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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So do I need to write the same letter to BCW now?

 

I haven't checked to see if any of this is on a credit report.

 

Smelly

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