Revoking the right for "collector visits"

[Kwakahumdrum]

Hi,

 

I have had Aktiv Kapital sending me letters about a debt that is very well statute barred, I am 100% positive on this.

I have replied to them but they did not respond to my letter instead they sent me another letter basically saying , "as required by the Consumer Act 1974 please find the enclosed statement of your account, which is behind with your payments under this agreement with your original creditor"

Now they have not enclosed any original documents etc, just an agreement number.

 

I have since receievd a letter from another company saying they will send someone round for a friendly visit and if this individual gets no positive commitment towards clearing the debt formal proceedings may be considered.

 

Can I revoke the right of this company to send someone round to my house?

 

Oh and if I cannot revoke the right then needless to say I will not be intimidated by anyone, they will have the door firmly slammed in their face!

[themagician]

the only person to be likely visiting you in the near future wears a red coat and comes on a sledge bearing gifts,

seriously look in the caggers library there is a template letter in there send it to who ever would like to call at your house ,send recorded delivery.

have you told them it is statute barred ??? if not there is a template letter in the library do the same do not sign it only ever print your name.

good luck PS mind the reighndeer pooooo.

keep a copy of the door step letter for when the big man calls round to talk to you,then give it to him and tell him to p**s off if he dont go call the plods and tell them a man is at your door harassing you to give him money.

Edited December 3, 2009 by themagcian

[Kwakahumdrum]

the only person to be likely visiting you in the near future wears a red coat and comes on a sledge bearing gifts,

seriously look in the caggers library there is a template letter in there send it to who ever would like to call at your house ,send recorded delivery.

have you told them it is statute barred ??? if not there is a template letter in the library do the same do not sign it only ever print your name.

good luck PS mind the reighndeer pooooo.

 

Ha ha, cheers for that. I just dont like people trying to intimidate me, to be honest it just makes me angry which is probably not the reaction they want.

 

I did tell them it is statute barred, I think that is why they didnt actually respond to my letter, they just sent out what I am guessing is just a template letter. I think they are now trying to scare me into saying or doing something stupid, which I wont

 

I just cant understand why they would be chasing a blatantly statute barred debt. I have wondered if their "business" is struggling and they are starting to chase debts in the hope people will drop themselves in it!!

[hungrybear]

 

I just cant understand why they would be chasing a blatantly statute barred debt. I have wondered if their "business" is struggling and they are starting to chase debts in the hope people will drop themselves in it!!

 

 

Yep, thats the view of many of these companies at the mo

[Kwakahumdrum]

Yep, thats the view of many of these companies at the mo

 

I find their behaviour quite disgusting. Is it worth making a complaint, to the OFT, do they actually look into these matters?

[hungrybear]

I find their behaviour quite disgusting. Is it worth making a complaint, to the OFT, do they actually look into these matters?

 

 

This is exactly the kind of situation that the OFT should be told about. Apparently they are 'keeping a close eye' on what Aktiv does at the mo. So a complaint would be a good idea

[Kwakahumdrum]

This is exactly the kind of situation that the OFT should be told about. Apparently they are 'keeping a close eye' on what Aktiv does at the mo. So a complaint would be a good idea

 

Consider it done tonight. I will also send a copy of the correspondence that I first sent Aktiv whereas points with regards to them contacting me in the first place, statute barred etc are clearly visible but to which Aktiv did not respond to.

 

I was also considering sending them an SAR but cant find the link in the library, could someone post it please. Thanks.

[hungrybear]

SAR:

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca

[Kwakahumdrum]

SAR:

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca

 

Excellent, thank you.

[lickthewallfatboy]

the sooner **** like Aktiv krapital go out of business,the better

 

it can't come soon enough in fact

[diddydicky]

i would add a caveat here and say that it is important that you respond to them and make clear that you have/will only deal with them in writing and that you will respond in a timely fashion to written communications

 

if you totally ignore them they will argue that it is reasonable to make a personal call in order to contact you

[hungrybear]

dicky could you please elaborate on how you define 'timely fashion'. For example would that impose a quarterly or annual restriction?

[diddydicky]

well personally i always answer letters within 7 days, even if it is just an acknowledgment and a rebuttal of their arguments

 

i recall many years ago being sued in the high court by Acrow over some equipment that got buried in a deep trench.

 

at the end of the day when we got to the high court and we both sat with the judge, he looked at my bundle and then that of the plaintiff and asked why i had many letters that appeared not to have been even acknowledged- let alone dealt with

 

the brief replied that he did not know

 

the judge then said

 

I am going to adjourn for 10 minutes-he then turned to their brief and said " i am sure you know the type of discussion you should be having with mr XXXXXX during that time dont you?"

 

We both left the room and their brief went to use an office phone and a few minutes later came back and said that they were withdrawing

 

when we went back in he told the judge who said "right decision "

 

and that was that - 20 grands worth of claim thrown out

 

I'm a fast learner!!

[Undercover-Elsa]

Just throw their own words back at them:

Statute Barred Debt? To collect or not to collect, that is the question?! | CSA News

 

Elsa x