How do I make them go away for good?

[MIKEY DABODEE]

I had been paying Aktiv Capital for some years for a debt dating back to the late 90s, that defaulted in 2002 and has now gone off my credit file,

 

Last year I asked for my CCA and of course they could not find one as they said the debt was to old to expect the original creditor to have a copy.

I have this in writing, so I stopped paying and they sort of disappeared.

 

Moved house and what do I receive today a letter giving me full details of the debt, and asking me am I the person it belonged too

 

What should I do, I filed it with the others but I would like them gone but dont know if I should reply

[debt4get]

if its aktive capital tell em to sod off no cca if another dca send the bemused letter

problem is although there is no cca in effect the debt just does not dissappear, they just cannot enforce payment in court.. how long to go before it becomes statute barred?

[Huff&Puff]

When was the last payment or written acknowlegement of the debt made? If it was more than 6 years ago, it's Statute Barred, and you can send them the Stat Barred letter, which should make them go away.

[MIKEY DABODEE]

was paying them to last year, should i ignore it, or have you a get lost letter, letter was from aktiv.

[debt4get]

I refer to my letter dated xxxxwhich was delivered via 1st class post/recorded delivery/special delivery [delete as applicable] to your offices and received on xxxx, a copy is included for your perusal and ease of reference.

 

To date, you have failed to supply the requested documentation. These documents should be readily available as proof of your legal right to collect on this account.

 

In my letter dated the xxxx , I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 77(1) and Section 78(1) of the Consumer Credit Act 1974 and a true signed copy of the Deed of Assignment. In addition, a full statement of my account should have been sent to me detailing all debits and credits to the account from the time you allegedly purchased this account along with any other documents mentioned in the credit agreement.

 

You are reminded that you are obliged to supply these documents, whether you are the original creditor or not, as defined under Section 189 of the CCA 1974.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation.

 

As you are no doubt aware, Section 78(6) states:

 

If the creditor, under an agreement, fails to comply with subsection (1) -

 

(a) He is not entitled, while the default continues, to enforce the agreement.

 

Therefore on xdatexx, this account became unenforceable at law. No further payment will be made by myself to the account, as you have failed to comply with my lawful request under the relevant sections of the Consumer Credit Act 1974.

 

You have failed to supply a true signed copy of the alleged agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide a true copy of the Deed of Assignment under the relevant sections of the Consumer Credit Act 1974. Furthermore, I do not acknowledge any debt to xxxxxxxxx (UK) Ltd.

 

I require the following action from xxxxxxxxx (UK) Ltd:-

 

1. All payments made to date to xxxxxxxx (UK) Ltd for this account should be refunded in full, including interest at the rate of 8% per annum.

 

2. Removal of any defaults entered by xxxxxxx. Note: this is to be a complete deletion and not merely an amendment.

 

3. I look forward to compensation under Section 13 of the Data Protection Act 1998 to be offered for the processing of my data in the manner it has been done over the past nine months.

 

4. After a full refund of all payments with interest and compensation are received by myself, you will be required under Section 10 and Section 12 of the Data Protection Act 1998, to cease and desist all manual and automatic processing of my data within your company and any other company within your group.

 

If you do not respond positively to my request, court action may be taken under Section 14 of the Data Protection Act 1998 to force xxxxxxxxxxxxxx or any other company within the group, to comply with the refund of all monies paid, removal of all defaults maintained and compensation for damage and distress as a result of unlawful data processing. I may also pass the matter to the relevant enforcement authorities including, but not limited to, the Financial Crime Branch of HM Treasury, the OFT, the Information Commissioners Office, Trading Standards, the CSA, the FOS and my local MP.

 

I look forward to your reply in writing within 14 days to resolve the matter amicably and await your response.

 

I would appreciate your due diligence in this matter

[MIKEY DABODEE]

thanks for the Debt4get

 

Have sent them that last year and got no answer, then they went quiet and now another campaign

 

have looked to see if I can find the one after that if there is one.

[Guest Old_andrew2018]

Write to them and IMHO all it will do is confirm your new address