Aktiv Kapital Help

[simountain1]

Hi

I recieved a letter 2 weeks ago from this outfit but the letter was sent to number 23 not 11 where I live but the post office had wrote on it that it should be 11.

Ignored the letter as no payment has been made on this account for over 6 years but I have spoken with LloydsTSB about it I think but could not be correct that it was less than 6 years ago.

It relates to an old debt back from when I was in financial turmoil and couldnt afford my outgoings and ignored my debts.

The letter said that they had found my address via public databases? even though this is the only address LloydsTSB ever had for me, but was offering a discount to pay it off.

I decided to ignore the letter and have recieved today another one to my correct address stating they will let me pay them £488 to clear a debt of £2000?????

I dont want to contact them if this is going to start the 6 years rolling again.

With not being exactly sure does the 6 years start from last payment or last time I spoke to someone about the debt?

Im a bit confused on this one and any advice would be much appreciated

Thanks in advance

[postggj]

The Debt Is Prob Statute Barred And They Are Trying To Get You To Acknowledge The Debt

 

The Statute Of Limitations Start From Cause Of Action, not The Default Date

 

That Would Be When The Last Contractual Payment Was Due

 

Once Six Years Have Passed With

 

no Payment Or

 

Acknowledgement In Writing

Statute Barred For Ever

[simountain1]

so I have spoken to Lloyds about 5 years ago this doesnt count?

The last payment was well over 6 years ago

[postggj]

speaking has no difference

 

has to be in writing or cash

[postggj]

1 High Street,

Newtown,

Kent

R21 4RH

June 28, 2006

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

 

Dear Sir/Madam

 

Acc/Ref No 4563210025897412

 

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

 

We 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.”

 

We 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 payment of this alleged 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 us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us 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 CPUTR2008

 

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

 

We look forward to your reply.

 

Yours faithfully

Mr A N Other

[simountain1]

thaks for that ill get it fired off tommorow