Aktiv Kapital / Credit Security Ltd threats on possible Statute Barred - advice needed.....

[M1sterP]

Posted before about a possible Statute Barred debt. Over 6 years since I paid anything towards the debt although I did have some written correspondence I sent to a DCA over this, and it's about 5.5 years since that. So hopefully it won't be enforceable but I'm not sure of my rights on this.

 

Recently I received letters from Aktiv Kapital who seem to have this case and now I've received one taking a more threatening tone. Also the debt has gone up by over £2,000 and is accruing interest all the time, it would seem.

 

Their latest letter says that unless I contact them in 14 days....

 

"we will refer your account to our field agent, known as Credit Security Limited, who will contact you to arrange a time when they can call at your home to discuss repayment options with you".

 

Now I hate this kind of threat and I'm sure there's some form of rules around threatening visits to your home. So I'd appreciate guidance on my options....

 

Can they come to my home?

Is the debt statute barred if I refer to it in a letter 5.5 years ago, even if nothing has been paid for over 6 years?

[spamheed]

Posted before about a possible Statute Barred debt. Over 6 years since I paid anything towards the debt although I did have some written correspondence I sent to a DCA over this, and it's about 5.5 years since that. So hopefully it won't be enforceable but I'm not sure of my rights on this.

 

Recently I received letters from Aktiv Kapital who seem to have this case and now I've received one taking a more threatening tone. Also the debt has gone up by over £2,000 and is accruing interest all the time, it would seem.

 

Their latest letter says that unless I contact them in 14 days....

 

"we will refer your account to our field agent, known as Credit Security Limited, who will contact you to arrange a time when they can call at your home to discuss repayment options with you".

 

Now I hate this kind of threat and I'm sure there's some form of rules around threatening visits to your home. So I'd appreciate guidance on my options....

 

Can they come to my home?

Is the debt statute barred if I refer to it in a letter 5.5 years ago, even if nothing has been paid for over 6 years?

 

If you are sure that it is over six years since the debt was either acknowledged in writing, or a payment was made against it, then send them the SB letter from the templates library. If they continue to attempt contact/make threats beyond that, then complain to trading standards/OFT etc

 

Just because an account is SB doesn't mean that they wont try it on.

[M1sterP]

If you are sure that it is over six years since the debt was either acknowledged in writing, or a payment was made against it, then send them the SB letter from the templates library. If they continue to attempt contact/make threats beyond that, then complain to trading standards/OFT etc

 

Just because an account is SB doesn't mean that they wont try it on.

 

That's the thing - I wrote to a previous DCA over this debt around 5.5 years ago.... mainly trying to ascertain information because at the time I was receiving letters from 2/3 DCAs over two debts for the same amount.

 

So if that counts as an acknowledgement do I ignore all contact now and wait till I pass the 6 year period?

[spamheed]

That's the thing - I wrote to a previous DCA over this debt around 5.5 years ago.... mainly trying to ascertain information because at the time I was receiving letters from 2/3 DCAs over two debts for the same amount.

 

So if that counts as an acknowledgement do I ignore all contact now and wait till I pass the 6 year period?

 

Whilst we cannot condone debt avoidance, it would seem that this company have surfaced because this debt is either just over, or fast approaching the SB deadline. You need to be completely confident about the dates when claiming SB. Once a debt becomes SB it cannot become un-SB

 

There is nothing to stop you sending them a "prove it" letter requesting them to prove that they have a legal right to enforce this debt and that indeed you are liable for the debt. from there you can request the CCA and if then puts the account beyond the SB deadline, that's a shame

 

If you intend to follow this path, ensure that you put "I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY, NOR TO ANY COMPANY YOU CLAIM TO REPRESENT" risht across the top of the letter, just to make sure you get your point across.

[M1sterP]

Thanks for the advice, noted.

 

Regarding the threats of sending their 'field agent' round, how likely is a home visit and what are my rights and the overall rules around this form of harassment?

 

They've not got my home or mobile phone number so can't telephone me to 'arrange' an appointment, so what are they likely to do?

 

Or are these just hollow threats to try and frighten me into contacting them?

[lickthewallfatboy]

write to them and tell them that your appointment fee is £500

 

[Huff&Puff]

It is very rare that a DCA will actually send someone round. If they do, tell them to bog off, as politely, or not, as you please. Remember that they have no legal powers whatsoever.

 

I would also report them to Trading Standards and the OFT if someone does call, as it is done for purposes of intimidation and nothing else.