me and Aktive Kapital

[hatethesepeople]

Can anyone help,

I have a problem with Aktive Kapital.

I received a letter from them saying I owe 1,400 pounds,

they have been sending mail to my late fathers house.

 

He passed away a few weeks ago, and I came across the letter while going through paper work.

 

This is a debt I had forgotten about as its over 6 years old.

 

I have not lived at this address for 7 years.

I now live in America.

 

I wrote to them saying this is statute barred as its over 6 years old and that I have not gotten anything from them as I have not lived there all this time,

below is there reply,

 

they say As a Judgment has been obtained

the terms of the Limitation Act do not apply.

 

how should I answer from here please?

 

any help would be gratefully received.

 

This debt is from a business that folded 7 years ago.

 

I used the card for expenses etc............

 

You are claiming that the account is statute barred under the Limitations Period. Upon our own investigations, we have confirmed this not to be the case.

 

Santander (formerly GE Capital) were the original credit providers in this matter they registered the original default against you and then sold the account to CL Finance (also known as The Lewis Group) who obtained a Judgment against you.

 

The details are:

 

Last Payment Date 18-Sep-06 Last Payment Amount £50

Date Written Off 13/12/2007 Write Off Amount £1366.96 Reason for Write Off 5

Total Expenses £214 Total Paid Since Default £ 150

Issue Date 31/10/2005 Judgment Date 26/11/2005

Judgment Instalment £125 Judgment Date 17/08/2006

Total Fees £112 Total Costs £ 102

Last Warrant Date XX-XXX-XX

GE Alt REF ...9 Creation Date 26/10/2005

Court Code..Case Number....

 

As a Judgment has been obtained the terms of the Limitation Act do not apply.

[huggy41]

if you now live in the USA why are you bothered ?

they would have to go to court again as nothing has happened in the 6 years and if you realy wanted to up set them you could also waste your money by getting this set aside as you did not recieve the court papers.

 

or you could just tell them to do one.

[hatethesepeople]

Thanks for posting Huggy, I guess I just want them to stop calling that house and stop sending the threatening letters. My mum is 90 and dealing with the loss of her husband of 70 years, these a.....es keep calling and sending s..e. I was wondering if there was a standard letter I could send referring to there claim that as a judgement was posted is not longer statute Barred?

[hatethesepeople]

Can anyone help, I have a problem with Aktive Kapital. I received a letter from them saying I owe 1,400 pounds, they have been sending mail to my late fathers house. He passed away a few weeks ago, and I came across the letter while going through paper work. This is a debt I had forgotten about as its over 6 years old. I have not lived at this address for 7 years. I now live in America. I wrote to them saying this is statute barred as its over 6 years old and that I have not gotten anything from them as I have not lived there all this time, below is there reply, they say As a Judgment has been obtained the terms of the Limitation Act do not apply. how should I answer from here please? any help would be gratefully received. This debt is from a business that folded 7 years ago. I used the card for expenses etc. I would like to know the best way of moving forward.

 

Here is there reply........

You are claiming that the account is statute barred under the Limitations Period. Upon our own investigations, we have confirmed this not to be the case..

 

Santander (formerly GE Capital) were the original credit providers in this matter they registered the original default against you and then sold the account to CL Finance (also known as The Lewis Group) who obtained a Judgment against you.

 

The details are:

 

Last Payment Date 18-Sep-06 Last Payment Amount £50

Date Written Off 13/12/2007 Write Off Amount £1366.96 Reason for Write Off 5

Total Expenses £214 Total Paid Since Default £ 150

Issue Date 31/10/2005 Judgment Date 26/11/2005

Judgment Instalment £125 Judgment Date 17/08/2006

Total Fees £112 Total Costs £ 102

Last Warrant Date XX-XXX-XX

GE Alt REF YYY Creation Date xx/xx/xxxx

Court Code zzz Case Number zzzzzzzzzzz

 

As a Judgment has been obtained the terms of the Limitation Act do not apply.

[cerberusalert]

You need to check with the Trust site http://www.trustonline.org.uk/ to see if indeed they did obtain a CCJ, if they did you could apply to have it set-aside.

 

However they are only partially correct in the statement that the limitations act does not apply to a ccj. Although a ccj never becomes statute barred their right to take enforcement action does.

 

Section 24 of the Limitations Act 1980....

 

(1) An action shall not be brought upon any judgment after the expiration of six years from the date on which the judgment became enforceable.

 

(2) No arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from the date on which the interest became due.

 

For this reason alone, cc judges would not normally allow enforcement.

 

There is case law to suggest that 6 years is enough time for a claimant to enforce a judgment debt. In Patel v Singh [2002] EWCA Civ 1938 and Duer v Frazer [2001] 1 All ER 249 leave to enforce these debts were both refused.

 

The reason being is that it was held that the general rule is that the passing of six years is sufficient in itself and the court would not extend time unless there were exceptional circumstances and it is demonstrably just to do so. It would be for the creditor to argue the reasons for delay and argue why they should take the case out of the general rule.

[BRIGADIER2JCS]

Would they not need to seek leave of the cour to enforce this now???

[cerberusalert]

Thread moved to the Overseas forum.

[cerberusalert]

Would they not need to seek leave of the cour to enforce this now???

 

That's what I said Brig.

 

Besides the fact they can't take enforcement in the US without a US court's permission. Even then it can be contested under sec 24 of the Limitations Act.

 

AK are trying their luck IMO hoping the OP will be suckered into paying them. They certainly won't spend any money trying to bring an action in the US.

[hatethesepeople]

So whats my best line of attack now, ignore it, or let them know I now live in America and have done for 6 years?

[BRIGADIER2JCS]

I was concerned about the last warrant dates could this extend the ''life'' of the CCJ??

[cerberusalert]

You could ignore it, you are under no legal obligation to tell them where you live now, or you could write back and cite sec.24 of the Limitations Act or you could apply to have it set-aside. Personally i would take the first option.

 

AK are chancers.

[cerberusalert]

I was concerned about the last warrant dates could this extend the ''life'' of the CCJ??

 

Unless the warrant has been executed then no enforcement has occurred ergo the original date of the CCJ should still stand IMO.

 

Besides, AK will get nowhere in the land of the septics even if they knew where the OP was.

[hatethesepeople]

Thank you, whilst going through the paperwork at the house, I also found a similar letter from Debt Managers Ltd, are they chancers too?

[cerberusalert]

Another odd thing is the written off date is a year after the CCJ & I'd bet a pound to a penny that AK have not had the judgment transferred into their name. If they didn't it's too late now.

[cerberusalert]

Thank you, whilst going through the paperwork at the house, I also found a similar letter from Debt Managers Ltd, are they chancers too?

 

Yup, they are based in Hope Street Glasgow & are another bunch of bottom feeders within the industry.

[BRIGADIER2JCS]

Looks good Cerbs, OP should tell the them to go forth and get knotted.

[hatethesepeople]

Thanks gentlemen for all your help, and for the help you give others.

[caro]

Thanks gentlemen for all your help, and for the help you give others.

 

Don't let them know where you are either. Frankly I wouldn't bother with any more communication.