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Aktiv kapital (stute barred) letter saying struggling to read public insolvency register - help please!

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Hello Everyone

 

Please can somenone advise, perhaps from a legal point of view, on this weird letter I had today from Aktiv Kapital.

 

They are chasing a debt from 1997-1998. No CCJ obtained, No contact made, No payment made so Staute Barred.

 

They have used various DCA's over the years to try collect on it despite being SB.

I just send the SB letter and then wait another year until they try their luck again.

 

Now in Jan 2012 I went bankrupt.

All straight forward.

In fact the court said I didn't need to include any Time Barred debts on the petition.

 

 

received a letter this morning from Aktiv Capital saying-

 

" We have reason to believe that you are subject to Insolvency Proceedings, however we are struggling to read the public Insolvency Register despite our best efforts.

 

Please ring us to discuss or send to us in the post details of your current affairs....etc...blah...blah.

 

It took me 20 seconds to log on to the insolvency website and view my BR details which is public info.

 

Is this a wind up?

 

First question- should I send yet another SB letter or a copy of my BR order or can I bin this letter and forget???

 

Second question - Can I ring them and tell them to go away or will this reset the clock on the debt and then I'll be liable even though I am bankrupt?

 

Thanks

 

Honeypot

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Hello there,

 

The insolvency register is in a very easy web format, I wonder what computers they are using?

 

Nothing can reset the clock, and even so the debt would have been written-off by the bankruptcy - regardless of it was listed on the petition.

 

So can you call them? Up to you! What they cannot do is pretty much ANYTHING!

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Thanks for the reply Sequenci.

 

After many years of being told on this site not to ring a DCA, in this instance I think I will !!

 

Honeypot

x

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Send them a copy of your Bankruptcy Order and let them deal with it as they see fit. They should never bother you again and to do so would be harassment, whereas they could have continued to write and pursue payment of an SB debt, even if they wouldn't have had the option of taking you to court for it.

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Thanks Marmaris30

 

So the difference is even though its statute barred and legal unenforecable they can still pester me for ever whereas once they have received my copy of my BR Order and confirmed it with the Insolvency service they cannot pester me ever again?

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I personally would not even ring them, send them a letter clearly stating that enclosed is a copy of your Bankruptcy Certificate and any contact from now on should be directed towards your Official Receiver.

 

Stigman


NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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I personally would not even ring them, send them a letter clearly stating that enclosed is a copy of your Bankruptcy Certificate and any contact from now on should be directed towards your Official Receiver.

 

Stigman

 

I've sent them a letter with copy of BR order in.

Can I just check that even though I didn't list debt on BR petition it still covers it?

Thanks

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I've sent them a letter with copy of BR order in.

Can I just check that even though I didn't list debt on BR petition it still covers it?

Thanks

 

100% so long as the debt was taken out before the BR hearing.

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100% so long as the debt was taken out before the BR hearing.

 

12 years ago!

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Can I just check that even though I didn't list debt on BR petition it still covers it?

 

As stated by Sequenci above, as long as the debt was taken out prior to your Bankruptcy, your fine.

 

This is why your Bankruptcy is listed on the Insolvency Service website and also in the London Gazette for the very reason in-case you missed, forgot or did not include the debt because of Statute Barred status.

 

Stigman

  • Confused 1

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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Responding to your PM Honey

 

Subbing to thread but I see you are in excellent hands here just follow their advice.

 

Regards

 

Andy

 

" however we are struggling to read the public Insolvency Register despite our best efforts.Please ring us to discuss or send to us in the post details of your current affair ":loco:

 

Pure Magic !!!!!!!


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Responding to your PM Honey

 

Subbing to thread but I see you are in excellent hands here just follow their advice.

 

Regards

 

Andy

 

" however we are struggling to read the public Insolvency Register despite our best efforts.Please ring us to discuss or send to us in the post details of your current affair ":loco:

 

Pure Magic !!!!!!!

 

Yup.

 

I'd be tempted to reply along the lines of:

"I do no acknowledge any debt to you or any company you claim to represent.

 

You have my commiserations that your staff are struggling to read the Insolvency Register.

 

If this is part of a general inability to read by your staff, your firm is not alone in facing this, as the article below shows, and then perhaps one of the few who can read could tutor the others :

http://m.guardian.co.uk/ms/p/gnm/op/szh7MRtpHWOZ_ev4Q2pP53Q/view.m?id=15&gid=education/2011/sep/21/adult-illiteracy-westfield&cat=education

 

If the issue lies in a lack of IT skills by your staff (since I found the relevant entry on the register on the Internet within a few seconds), then there is an alternative solution.

I can suggest a number of agencies who can supply my services as a contractor, and (for an exorbitant fee, given this relates to the "debt collection industry") I will read the Register for your staff.

If you are looking for a cheaper solution:

http://www.amazon.co.uk/gp/product/1118096142?ie=UTF8&force-full-site=1&ref_=aw_bottom_links

"

 

The fun is in imagining the look on their faces .....

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Quite so - the claim that they 'cannot read' the insolvency register is one of the lamest I've ever heard. I wouldn't be half surprised if they responded to your BR Order letter saying they 'couldn't read' that either! Fools.

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