1st credit chasing me - ** CONFIRMED - STATUTE BARRED***

[citizenB]

You could always quote from the Credit Services Association own propaganda

 

[ATTACH]36035[/ATTACH]

 

 

I was just going to suggest that lulu print off a copy of that and enclose it with the SB letter

[rdm2006]

well you know what they say about great minds CB

[citizenB]

[lulululu]

This is Aktive Kapital Ltd, yes ??

 

I think this is the address you would need to write to.

 

Address:

Wells House, 15-17 Elmfield Road, Bromley, Kent BR1 1LT

Have they not written to you at all.. just set BCW on to you ??

 

 

 

 

Yes it is Aktiv Kapital and they have never written to me. Lulu

[citizenB]

Hmm, so you dont know whether or not this account was assigned/sold to them from the original creditor ??

[lulululu]

Hmm, so you dont know whether or not this account was assigned/sold to them from the original creditor ??

 

No, I don't know anything about that - does it have any bearing on the matter or the outcome ? Lulu

[citizenB]

No, I don't know anything about that - does it have any bearing on the matter or the outcome ? Lulu

 

Well for starters if they did genuinely own the account by way of assignment - then they would need to prove that assignment before taking any action such as court.

 

If they dont own it, then any threats of court are against OFT guidelines as only the "owner" of the account can take such action. By suggesting that they can do so, is misleading.

 

Who was the original creditor ?

[lulululu]

Well for starters if they did genuinely own the account by way of assignment - then they would need to prove that assignment before taking any action such as court.

 

If they dont own it, then any threats of court are against OFT guidelines as only the "owner" of the account can take such action. By suggesting that they can do so, is misleading.

 

Who was the original creditor ?

 

According to the FORMAL DEMAND letter I received from BCW earlier this month it says : Client: Aktiv Kapital UK Limited Creditor: GE Capital (First National Tricity Finance - British Gas Services.

[citizenB]

I guess it is likely that they do, but have failed to inform you.

 

I would just send them the SB letter, amended as suggested and also print off and include a copy of the document posted earlier.

 

Lets see what happens next

[lulululu]

I guess it is likely that they do, but have failed to inform you.

 

I would just send them the SB letter, amended as suggested and also print off and include a copy of the document posted earlier.

 

Lets see what happens next

 

Hi citizen b. As I don;t have a printer what part of the suggested document should I write as there seems to be parts of it that don't apply to me but to DCAs Also, do I send the full statute barred letter to AK, same as the one I sent to BCW ?

[citizenB]

Here is an email addy for them.

 

[email protected]

 

You should be able to copy and paste into an email and send it to them.

 

Are you able to save information to a portable hard drive (usb flash drive) and print from somewhere else ?

 

Anyway.. this is the letter.. I have amended where necessary and included Aktiv's registered office address - all you have to do is put in account number - DCA name - Your name and address.. OK

 

YOUR NAME AND ADDRESS

 

DATE

 

 

Aktiv Kapital (UK) Limited Registered Office

Wells House,

15-17 Elmfield Road,

Bromley,

Kent,

BR1 1LT.

 

 

Dear Sir/Madam

 

Acc/Ref No:

 

 

You have contacted me through your agents "FULL NAME OF DCA(s) regarding the account with the above reference number, which you claim is owed by ourselves me.

 

I 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.”

 

I 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 me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me 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

 

I 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.

 

I look forward to your reply.

 

Yours faithfully

Mr A N Other

 

 

[lulululu]

Here is an email addy for them.

 

[email protected]

 

You should be able to copy and paste into an email and send it to them.

 

Are you able to save information to a portable hard drive (usb flash drive) and print from somewhere else ?

 

Anyway.. this is the letter.. I have amended where necessary and included Aktiv's registered office address - all you have to do is put in account number - DCA name - Your name and address.. OK

 

Thank you very much citizen b. Much appreciated.

[lulululu]

Here is an email addy for them.

 

[email protected]

 

You should be able to copy and paste into an email and send it to them.

 

Are you able to save information to a portable hard drive (usb flash drive) and print from somewhere else ?

 

Anyway.. this is the letter.. I have amended where necessary and included Aktiv's registered office address - all you have to do is put in account number - DCA name - Your name and address.. OK

Hi citizen b and everyone who has helped me. Got a letter from Equidebt today acting on behalf of Aktiv Kapital so I have sent Equidebt the statute barred letter and have also written to Aktiv Kapital telling them that the debt is statute barred and that I have informed both buchanan clark and wells and equidebt that this is statute barred. Hoprfully this will put an end to Aktiv Kapital passing this on to other agencies. Will let you know if I hear anything. Many thanks. Lulu

[Old Cogger]

Why not send a Bill to them for time taken letter writting/postage etc of say: - £18.00 -30.00 per item.

[lulululu]

Why not send a Bill to them for time taken letter writting/postage etc of say: - £18.00 -30.00 per item.

 

Thanks MIKE770. Will think about that when I know they have stopped hounding me, Lulu

[lulululu]

Hi citizen b and everyone who has helped me. Got a letter from Equidebt today acting on behalf of Aktiv Kapital so I have sent Equidebt the statute barred letter and have also written to Aktiv Kapital telling them that the debt is statute barred and that I have informed both buchanan clark and wells and equidebt that this is statute barred. Hoprfully this will put an end to Aktiv Kapital passing this on to other agencies. Will let you know if I hear anything. Many thanks. Lulu

 

Hi citizen b have I done the right thing here ?

[dx100uk]

time you stopped letter tennis me thinks

 

dx

[lulululu]

time you stopped letter tennis me thinks

 

dx

 

Sorry dx, what do you mean ?

[Old Cogger]

Sorry dx, what do you mean ?

 

 

 

Corresponding with them!! (Stop)

[lulululu]

Corresponding with them!! (Stop)

 

Hello MIKE770, The letter I got from equidebt was threatening a doorstep visit, I don't want that to happen, that's why I sent the statute barred letter. If I stop writing to these people won't they just carry out their threats of a visit ? Very worried about this happening.

[dx100uk]

they have no legal powers ignore them.

 

dx

[lulululu]

they have no legal powers ignore them.

 

dx

 

Thanks dx. So, if I get any letters in future from different debt collection agencies, should I just ignore these or send them the statute barred letter and then ignore them ?

[Old Cogger]

Use this letter and forget them as you have informed them Statute Barred, that will stop you worrying .

 

Could get some Red Doorstep Polish/Paint and tell them to paint it,if a person turned up, idle threat in 99% of cases and a lot of DCAs are not licensed to do so, anyway not with out your permission,

denial-access.rtf

[lulululu]

Use this letter and forget them as you have informed them Statute Barred, that will stop you worrying .

 

Could get some Red Doorstep Polish/Paint and tell them to paint it,if a person turned up, idle threat in 99% of cases and a lot of DCAs are not licensed to do so, anyway not with out your permission,

 

WOW!! MIKE770, that denial access letter sounds really scary. Thank you

[citizenB]

Hi citizen b have I done the right thing here ?

 

Hello MIKE770, The letter I got from equidebt was threatening a doorstep visit, I don't want that to happen, that's why I sent the statute barred letter. If I stop writing to these people won't they just carry out their threats of a visit ? Very worried about this happening.

 

 

Hi lululu.. yes, sending the SB letter was ok, and sending Mike's letter should stop any doorstep visits.. although TBH, they are usually threats only.

 

You have sent the original creditor/owner of the debt an SB letter in which case they should NOT be instructing further 3rd party agencies. I think it is there you need to stop things.

 

I think there is a follow up SB letter in the Library.. I will find it and link it for you.