Advice wanted on Aktiv Kapital/statute barred? debt

[AnotherBrickInTheWall]

Hi everyone

This is a topic that's been covered a bit on the forums, but I had some specific questions to my situation that I haven't found answered anywhere else.

About a month ago I received a letter from Aktiv Capital who said that they had found my name "through public records" and "believed that I am the client of their client -- Barclays Bank" and that a "debt has been due for some time". It said it believed I owed about £12,000 give or take, and that they "wanted to help me" and offered me a discount.

I believe I may have banked with Barclays a long time ago (at least 10 years) and that I may have some debt unpaid with them (although I didn't think it was anywhere near that much) as I'd lost my job, and had no way to repay. I ended up getting a job overseas and just kind of couldn't cope with things.

I came back a couple of years ago, expecting that the hounds would be unleashed as soon as I put myself on the electoral roll/registered with inland revenue etc. Nothing.

Now suddenly these guys have come out of the wordwork and are writing me almost every week. At first, given that they were obviously fishing (we found your name by public record and *believe* you are our client) I ignored them, since, as they obviously aren't 100% sure I'm the person they want, they would give it up without any response. Unfortunately they haven't, and are now threatening to take me to court or send a bloke round for a chat (although, again, it's *may* do). They seem to have passed on the debt to CCS Collect, who look to me to be the same company, but with a less 'friendly, we want to help you' name.

So, after doing a lot of research on this, my question is this -- is it better to send them a 'statute barred' letter, or to send them a letter telling them I think they have the wrong person and saying I don't acknowledge the debt? I know it sounds ridiculous that I just can't remember, but I was very depressed and heavily medicated at the time, and most of that time is a bit of a haze.

I was also wondering if anyone could tell me if they have any ideas on why they have suddenly come out of the wordwork now? I've not made any attempts to 'hide' since my return to the UK, and yet they suddenly come at me now.

I also wondered -- since I was overseas, I obviously didn't receive any letters from them, since I hadn't left a forwarding address. But I guess I could have been given a CCJ in my absence. Since they fall off a credit rating after 6 years, I guess I wouldn't know. Also, I suppose they could have written to me at my old address for over four years -- where would that leave me? I haven't contacted any debtors for a long time now, although I do remember seeing someone in the CAB and trying to sort things out, they may have written to people on my behalf (but I still believe this is more than six years ago). I am a little worried that it may be 'just' under six years, if this CAB person has been continuing correspondence for me, even though I left the country again and didn't contact her again. Would they do that? At the time I thought she was being really helpful, but now I'm not so sure...

Since they don't know for sure I'm their 'client' (and I actually don't know for sure I am either) could someone advise me on what is best to do? I don't really want to talk to them at all in case it's seen as my acknowledging this debt or contacting them just before it becomes statute barred, but ignoring them obviously isn't working.

All advice gratefully appreciated. Many thanks for your time.

[harrassed senior]

There is alot of this about - DCAs and OCs chasing very old debt in the hope that at lease some less knowledgeable people will, unfortunately pay up, or at least acknowledge the debt.

 

However, once a debt is SB then nothing can 'bring it back to life'.

 

There are as you say, 2 ways of dealing with this, my own personal thoughts would be to send the SB letter, but, put the I acknowledge no debt to your company or any other company as a heading.

 

I would also state that as you have not been a resident of this Country between whatever the dates are, then there is no possibility that they even have the correct person.

[silverfox1961]

Hi and welcome to CAG

 

I think names are stored on a computer somewhere and periodically they run names against the electoral register and when someones name pops up, off go the letters.

 

If there were a valid CCJ against you, it would show on your credit file and if not, they would have a difficult job enforcing it without the permisssion of the courts.

 

My personal opinion is to send the "prove it" letter first and if the details they come back with are yours and not some other person then you can SB them.

 

Remember, it's not your job to prove the debt DOESN'T exist, it is down to them to prove it does.

 

Never sign any letter and always send by recorded delivery.

[AnotherBrickInTheWall]

Thank you both very much for your advice and welcome. I think I may start with the 'I don't acknowledge this, please prove it' letter -- hopefully they've actually just got me confused with someone else.

If I do this, does this affect the six year statute barred period? I mean, if I write to them at all, and if it was an old debt that turned out to be five years old, would I be shooting myself in the foot? Or does the 'do not acknowledge' part cover that?

Do you have any idea where I could download a draft copy of a good 'I do not acknowledge' letter? I had a look in the documents section on here, but there didn't seem to be one.

Also, it's my understanding you have to send a £1 to get this info. Usually I'd send a cheque, but obviously if I'm not signing the letter that would be kind of silly. Or am I getting that confused with something else? Do they still do postal orders here? I'm guessing if I send money, it will mysteriously not arrive...

[tindwcel]

Ignore them completely. They still do not know for sure that you exist at the address they have. Sending a CCA request, SAR, or SB letter will confirm for them that you do.

[AnotherBrickInTheWall]

Hi Tin -- Thanks for you reply. That was my first thought too, and what I've basically been doing, but they're just not going away. They've been writing to me a letter a week or so for about two months now, and these have recently taken a rather aggressive tone.

I'd be interested in what other people think, or if anyone knows somewhere I can get confidential legal advice (CCCS and the CAB are useful, but at the end of the day, they're not proper lawyers -- I looked in Yellow Pages and all the debt lawyers seem to be the other way -- for advice on debt collection, not for advice on being in debt).

Perhaps I should start returning the letters with 'not known at this address'? Or just not open them so they don't freak me out?

[dadofholly]

Hi

 

If you believe the debt is statute barred simply send them the SB letter - if it is SB they will leav you alone.

 

Send it to them via e.mail on their website for speed.

 

ignoring them will not make them go away - confronting them will.

 

I had an issue with Aktiv and it only took me one e.mail to resolve plus they sent me letter confirming they would not pursue.

[unclebulgaria67]

You could try Community legal

 

http://www.communitylegaladvice.org.uk/

 

AK are just incompetent threat monkeys that rarely go beyond sending letters.

 

Personally I would just send them the statute barred letter by recorded delivery. IF you have not got a CCJ regarding this or have paid anything or acknowledged the debt for 6 years. Ask yourself the question as to why they have not issued court papers previously on this debt. Lack of documentation from Barclays. If Barclays have sold the debt on they won't help the debt companies.

 

http://www.consumeractiongroup.co.uk/forum/content.php?408-Letter-sent-when-debt-is-statute-barred

[sam614]

Also, it's my understanding you have to send a £1 to get this info. Usually I'd send a cheque, but obviously if I'm not signing the letter that would be kind of silly. Or am I getting that confused with something else? Do they still do postal orders here? I'm guessing if I send money, it will mysteriously not arrive...

 

yes:???: you only send £1 with cca request.not prove it.

 

http://www.consumeractiongroup.co.uk/forum/content.php?428-General-debt-letter-if-you-know-nothing-of-the-debt

 

try that if you intend replying to them.

[dadofholly]

i would save yourself a £1 for now - send the SB letter then see what happens - you can go down the CCA route if they are able to "prove" it is not SB.

 

Keep it simple