Meritforce threatening letter: v.old debt

[sallybear]

Hello everyone, new here but seems to be the place to come for advice.

 

Have just been reading through many posts and think I know what to do, but just want to clarify things.

 

Particular debt I am struggling to deal with is from 12 years ago. YES 12 years, I had totally forgotten about it to be honest. It was originally a Visa Debit card with Barclays Bank that I used and went overdrawn. They quickly closed my account, it was only about £300 and I made arrangements to pay £1 a week at the time, which I did by sending postal orders weekly. I didn't do this for long not even 6 months.

 

This year I have received about 2 letters a month from Aktiv Kapital requesting that I pay £253.63 to clear this debt.

 

Apart from those early payments in 1998 I have neither responded to or paid anything towards this debt.

 

This morning Mertiforce have written to me to let me know they will visit my address at some point within the next 10 days. Formal proceedings MAY be considered if I make no positive commitment to pay. I can call someone at Mackenzie Hall Limited before the 3rd December if I wish to avoid this.

 

It also says that if I fail to make payment they MAY charge me adding additional costs to my debt.

 

---------------------

 

Ok so using that Letter M I can write to them, but do I send this to Meritforce, Mackenzie Hall, Aktiv Kapital or Barclays?? Also I read that they have to make an appointment, great idea but can I really say that to them??

 

Also what If (being totally honest here) I can't be bothered, let them come round. Can I not just say that I am not going to pay as so much time has elapsed and the debt is definitely statute barred?? And how can they possible add to my debt, this debt had its interest stopped when I agreed to pay £1 a month in 1998.

 

Also If I write to them am I acknowledging the debt and will this cause it to be revived??

 

Sorry for such a long post and thanks in advance for reading and any help.

 

SB

[hungrybear]

send letter 2 from here to whoever is listed as the current 'creditor'.

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors.html

[sallybear]

thanks hungrybear

 

sorry to be a pain, but who would be the current creditor??

 

The letter says the original creditor as Barclays, and the pursuer as Aktiv Kapital,

[hungrybear]

send it to the 'innit bunch' at aktiv kapital who still fink its cool ta not spell rite like!

 

save the stamp and e-mail it:

[email protected]

 

just make sure you but your ref no on it

[hungrybear]

as an aside - because it made me smile I found this on the kapital website - so much for assignment then eh?:

 

why didn't my lender notify me?

When you opened your account with the original lending bank, you would have a signed a Credit Agreement or similar document.

 

 

Such an agreement or document generally allows a bank / lender to sell a customer account to a company such as Aktiv Kapital, together with all rights that existed under such an Agreement. Your lender was not required to give you advance notice of any sale.

In most cases your original lender will have sent you a letter explaining the transfer of your account to Aktiv Kapital. In addition, at the time of purchasing accounts, Aktiv Kapital sends every new customer a letter introducing the fact that the your account has been sold to us. That letter is sent to the last known customer address provided by the selling bank. If a customer moved and did not update the bank with a new address, that is possibly why the account has been regarded as delinquent, and sold on.

 

Oh their website really is a class act:

 

http://www.aktivkapital.co.uk/

 

if you need a laugh

Edited November 30, 2009 by hungrybear
couldnt stop laughing

[theratboy]

I recieved an "authorised collector visit" letter from meritfarce dated 25th june 2009 stating "an authorised collector will make a visit to your property within the next 10 days" and i'm still waiting. If he/she had turned up they would have been told to go forth and that would be that as alleged debt is statute barred anyhow. Scare tactics in my opinion.

[sallybear]

I never signed anything, as I was a child at the time I opened my account and they upgraded it when debit cards became more available. I went into my bank one day, I was 20 at the time and had no income, went in to pay in a cheque i got for my birthday, and the woman at the desk asked me if I wanted a debit card instead of just a cash card? I said I couldnt as I was on the dole and she said it doesnt matter as I used my bank regularly enough. So I got one, realised I could use it when I had no money in my bank and had a bit of a weekend of fun!! Very young and naive at the time, it was when places actually used those carbon sliding machines to take a card payment, and as it had a Visa logo on the card I could use it everywhere!!

 

Id love to see my signature on anything from them.

 

Thanks for the help, will e-mail the letter right away.

 

SB

[sallybear]

theratboy - it really does annoy me that they can do this sort of stuff, but glad theres a place like this to come and discuss it and get advice, invaluable. Scare tactics really dont wash with me.

[ScarletPimpernel]

I see from AK's website that they have relationships with many 'respected banks'. I wasn't aware that any such thing existed these days.

[sallybear]

Letter sent via e-mail, will see if anything happens and let you know.

 

Love it, the innit bunch who cant spell. They are based in Chester and they sponsor all the roundabouts in the area, quite funny really. Spelling obviously not there forte!!

[F_DCAs]

Yep. Statute barred letter - it's up to them to prove (not state!) otherwise.

[sallybear]

WOW that was quick, had a reply this morning basically saying that although the original default was made in 1998, I made a payment of £5 in 2005.

 

They are going to send me a statement in the post to prove it, and the balance is due now.

 

Im quite interested to see what they come up with, the only thing I can think of is if my dad made a payment on my behalf, as I was quite ill and he took over a lot of my paperwork for me.

 

I eagerly await their reply

Edited December 2, 2009 by cerberusalert

[FullyBANKcharged]

 

Aktiv Kapital UK - Aktiv Kapital - United Kingdom

 

if you need a laugh

 

o you share our values? For us the values reassure our customers when they are at their most vulnerable. They motivate us to do a great job for our clients and for each other.

The values are delivered through behaviour. If you describe yourself with the following charactheristics, - we would like to talk to you:

 

• Sincere – Embraces sincerity as an important attribute
  
• Open – Acts with openness because it builds trust and trust builds loyalty
  
• Confident – You are not afraid to be firm, but do it with respect. You are straightforward but not blunt
  
• Knowledgeable – Everything you do is underpinned by deep and reliable knowledge. Your knowledge is always aimed at solving problems and showing ways forward
  

 

[hungrybear]

o you share our values? For us the values reassure our customers when they are at their most vulnerable. They motivate us to do a great job for our clients and for each other.

The values are delivered through behaviour. If you describe yourself with the following charactheristics, - we would like to talk to you:

 

• Sincere – Embraces sincerity as an important attribute
  
• Open – Acts with openness because it builds trust and trust builds loyalty
  
• Confident – You are not afraid to be firm, but do it with respect. You are straightforward but not blunt
  
• Knowledgeable – Everything you do is underpinned by deep and reliable knowledge. Your knowledge is always aimed at solving problems and showing ways forward
  

 

 

No doubt why they are the subject of an OFT investigation at the mo

[FullyBANKcharged]

They also cant spell.

[cerberusalert]

WOW that was quick, had a reply this morning basically saying that although the original default was made in 1998, I made a payment of £5 in 2005.

 

They are going to send me a statement in the post to prove it, and the balance is due now.

 

Im quite interested to see what they come up with, the only thing I can think of is if my dad made a payment on my behalf, as I was quite ill and he took over a lot of my paperwork for me.

 

I eagerly await their reply

 

It's still Statute Barred.... 1998 to 2005 is seven years. Once a timeframe of six years has passed (five in Scotland) where no payment or written acknowedgement has been made it is Statute Barred & nothing can unbar it.

[hungrybear]

They also cant spell.

 

 

That was assumed from their daft name

[hungrybear]

It's still Statute Barred.... 1998 to 2005 is seven years. Once a timeframe of six years has passed (five in Scotland) where no payment or written acknowedgement has been made it is Statute Barred & nothing can unbar it.

Well spotted

 

yes even 31/12/98 to 01/01/05 is more than 6 years

[lickthewallfatboy]

WOW that was quick, had a reply this morning basically saying that although the original default was made in 1998, I made a payment of £5 in 2005.

 

They are going to send me a statement in the post to prove it, and the balance is due now.

 

Im quite interested to see what they come up with, the only thing I can think of is if my dad made a payment on my behalf, as I was quite ill and he took over a lot of my paperwork for me.

 

I eagerly await their reply

 

which is even funnier,as the gap there would be 7 years and STILL statute barred

 

[kiptower]

the infamous £5 payment that no one knows about , they are trying to [problem] you

 

probably came out their tea fund ,

 

ask them to prove you actually made the payment and how

 

as said above there is a gap of 7 years , once statue barred a payment after that even if you did make it does not remove the SB

[F_DCAs]

Advice given is correct. Get them to do some work - have them prove there was a payment, how, where and when. I guarantee this will not be forthcoming - this company I know better than most.

 

Once they've done that, thank them for confirming the 7 year gap with you, but kindly inform them that as it is a statute barred account, you are not obliged to make any payments to them.

[sallybear]

I will let you know what is produced in this so called letter they are going to send me by post confirming the payments.

 

Thanks for your help guys.

[theratboy]

I have now recieved my third collector visit letter from meritforce, all 3 are exactly the same by the way with the exception of the quality of paper, that seems to be getting worse. I have until last friday to pay them but i think i'll just choose to ignore instead. Nobody turned up after the first 2 letters and i can't see this one being any different. Will keep you informed.