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Aktiv Kapital collecting for DAF*Statute Barred-gone away :)*


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Good Morning all

 

I stupidly bought a car from yes car credit back in 2001

To cut a long story short I have had no contact with any body regarding this debt

 

I recently received a letter from Aktiv Kaptial and decidng to tryning to sort this out

I sent the prove it letter by email to them

This morning i find a reply with an attachement

The attachment shows car reg and contact names and addresses and bank account details

but no dates or signatures or financial details

 

The email from them says that this is proof and that they want propsals for payment in the next 14 days

 

I have replied asking how they consider this proof and asking for a staement of account as I believe it could statue barred.

Is this right thing to do or are their other letters i should send

 

Thanks

 

Saffy

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Morning

 

When was the last time you made a payment or acknowledged this debt?

 

If there is a clear period of 6 years without either of these events happening then it is stat barred.

 

Care to give a bit of detail as to how the debt arose please?

 

thanks

 

ims

 

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Hi

 

I am 95% sure that it is statue barred.

The debt came about when I bought the car with my ex partner in either 2000 or 2001, relationship went wrong and I could not afford the repayments.

I did the usual hand in sand thing back then but have decided to sort all the old problems out as the letters are beginning to depress me.

 

To my knowledge no contact has been made but not totally sure

 

Thanks

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Hi

 

I am 95% sure that it is statue barred.

The debt came about when I bought the car with my ex partner in either 2000 or 2001, relationship went wrong and I could not afford the repayments.

I did the usual hand in sand thing back then but have decided to sort all the old problems out as the letters are beginning to depress me.

 

To my knowledge no contact has been made but not totally sure

 

Thanks

 

Hi saffy

 

Have you checked your Credit Reference Agency file to see if it is still on there? If not you can do this online for free but make sure you cancel your sign-up within a month.

 

If it doesn't feature it is probably SB.

 

Another way to be absolutely sure is to send a Subject Access Request (SAR) to Yes. This will cost £10 statutory fee but will yield a full transaction history (and a lot of other stuff). There is a template letter for a SAR in the CAG library, the link to which appears at the top of every CAG page. If you send a SAR, make sure you put as the first paragraph tha you do not acknowledge any debt to Yes. They will have 40 days to comply.

 

A SAR request doesn't re-set the stat barred clock...it is purely a request for information.

 

From the information that comes back you will be able to establish the exact position.

 

ims

 

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Hi

 

I have checked Credit report and it does not appear.

 

Maybe I should just go the 'Statue Barred template'

 

Thanks for your help

 

Saffy

 

Ok

 

send the SB letter and see what comes back......

 

We can take it from there

 

Regards

 

ims

 

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  • 3 weeks later...

Just a quick update

First was sent a 2 page doc - containing names and address and bank details - but no dates or cost or signatures.

After sending statue barred letter, i have received an answer to the effect that they agree and will no longer be pursing this matter

 

1 down!!!

 

Thanks for the help

 

Saffy xx

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Hi

First i have seen of this thread but I will mark it sorted for you

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Hi saffy

 

Have you checked your Credit Reference Agency file to see if it is still on there? If not you can do this online for free but make sure you cancel your sign-up within a month.

 

If it doesn't feature it is probably SB.

 

Another way to be absolutely sure is to send a Subject Access Request (SAR) to Yes. This will cost £10 statutory fee but will yield a full transaction history (and a lot of other stuff). There is a template letter for a SAR in the CAG library, the link to which appears at the top of every CAG page. If you send a SAR, make sure you put as the first paragraph tha you do not acknowledge any debt to Yes. They will have 40 days to comply.

 

A SAR request doesn't re-set the stat barred clock...it is purely a request for information.

 

From the information that comes back you will be able to establish the exact position.

 

ims

 

 

Hi ims21,

Im currently running another thread but got linked to this one, Is it more than likely that if my debt is not showing on my credit report it will be SB as im not sure when last payment on mine was made. Cabot told me it was 2006 so still another year to go!

Also shall i send a SAR to make sure?

Kind regards

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Hi ims21,

Im currently running another thread but got linked to this one, Is it more than likely that if my debt is not showing on my credit report it will be SB as im not sure when last payment on mine was made. Cabot told me it was 2006 so still another year to go!

Also shall i send a SAR to make sure?

Kind regards

 

Is that the one entitled "Bloody Cabot....."?

 

ims

 

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Yes m8 sure is!

 

Thought so!

 

A few shenanigens going on in that thread.

 

The fact that it doesn't feature on a cra file doesn't in itself mean its SB...in this thread it was just an added bit of ammo.

 

What I would do in your other thread is follow the advice of the experienced Caggers and site team (if you know what I mean).

 

dx might be right you know!

 

Regards

 

ims

 

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DX is right, my post hasn't been moderated (yet):madgrin:

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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