Aktiv Kapital - ringing again after a year

[indebt64]

Hello The Consumer Forum,

 

I hope someone can give me some advice regarding what to do next with Ativ Kapital.

(I apologise in advance for the long question)

 

When I split up with my wife in 2000 I must admit to not looking after my finances,

consequently quite a few non secured loans went into default,

 

I know I had made sporadic payments over the years,

usually after they had found me at one of my many moves over the folowing years.

 

I had started making regular payments (5 debts x £15.00 each) in 2007 - 8

and had been paying this right up to last year.

 

However after speaking with an advisor I was told that the debt may be Statute Barred

- although I have no real idea if there was a gap of 6 years to warrant this.

 

as usual I waited until I got the call asking for a higher monthly payment and

 

thats when I said I was stopping payments as the debt was SB,

the lady said I had made a cheque payment in 2005

and because of the other payments that I wasn't able to claim that.

 

Regardless,

I cancelled the DDM's and heard nothing for a year, no calls, no letters, other than the statement in October.

 

Now all of a sudden they are back on the phones trying to harrass my family,

we have actually barred their number as it was ringing sometimes 5 to 6 times a day,

as early as 7:30 in the morning and as late as 8pm.

 

does anyone know why they would have held off trying to recover the debt

after telling them the debt was SB to then start a year later a vigerous telephone campaign?

 

Do you think the debt was SB and they are just trying it on?

 

Has anyone had a similar experience?

[silverfox1961]

Hi and welcome to CAG. I have moved your thread to the debt collection forum as that is the best place to get help.

 

If you are not certain whether any of the debts are SB then you would need to send a SAR to the original owner of the accounts.

 

With the DCAs, I would send a CCA request as these accounts are quite old.

 

There are letter templates you can adapt in the library.

 

Also, you can enclose with the CCA letter a telephone harassment letter to stop the calls. Always deal with DCAs in writing as they will never put in print what they would say on the phone.

 

If you do choose to answer calls, record them. Most mobiles have a record function.

 

It is well known that DCAs go quiet for a while then restart the collection process so you are not alone in that.

[indebt64]

Thank You Silverfox very helpful indeed

- re the debt company, in all the years I have had the pleasure of their company,

they have never given me more than a few days silence

 

if for any reason they thought there was an issue wth my account

- is there anything they can do, if I just ignore then from here on in,

afterall thery can't put me under default again can they?

[BRIGADIER2JCS]

Hi if you have made any payments or written acknowledgment of the debt (s) in the past 6 years the debt cannot be statute barred, so the DCA is correct on that.

Have you checked your credit reference files lately?

It will give you information on the default dates of the debt(s).

 

 

btw. statute barred in England & Wales = 6 clear years without any payments or unequivocal written acknowledgment of a debt.

 

 

The six year "clock" starts (for credit cards and unsecured loans) when a contractual payment is due and not made after which no further payment or written acknowledgment is ever made, so basically 1 month after the last ever payment.

 

 

For secured loans and HP contracts the default date is considered to be safe indicator that the clock started ticking, the same details then apply as above.

[indebt64]

Hi BRIGADIER2JCS

 

To be honest it isnt the last six years I would have any doubt about as I have been paying until quite recently.

 

It was from the default date to when I first started paying,

that period could have been in access of six years..

 

I am registered with Experian and Equifax, neither go back long enough to even show the debt,

this will have defaulted over 14 years ago, and even if I did get the actual default date,

 

I would still be non the wiser as to when I made any payments,

this is because between the year 2000 and now, I have changed banks three times,

moved seven times and up to recently havent known if I was coming or going

[dx100uk]

sounds like there could have been a period of 6yrs with no ack or payment

 

thus they spoofed you into repaying.

 

sadly you got caught for the oldest trick in the book.

 

NEVER EVER talk on the phone

or pay on the phone a debt to a DCA.

 

they ARE NOT BAILIFFS

and have

 

NO SUCH LEGAL POWERS.

 

if it does turn out to have been SB'd

 

then i'd be demanding those payments back.

 

as it certainly wouldn't have ever have gone off the 'debt'

 

but direct to their pocket to fund the harassment and pull the same trick with other 'debtors'

 

regardless, a CCA request is a must

 

as is an SAR to the original creditor...

 

do you know what the debt originally was?

 

dx

[indebt64]

there were five in total, all of which were credit cards and yes the original debtor information is on the forms

[BRIGADIER2JCS]

there were five in total, all of which were credit cards and yes the original debtor information is on the forms

I agree with dx100uk get a SAR off asap you only need 1 per creditor they must supply all the personal data held on you.

[dx100uk]

blimey looks like you could be getting well fleeced here.

 

so there are others that you are

for want of a better word 'blindly' paying

without ever having cca request sent to any of them?

 

I take it you fell for the threat-o-grams

and the fleecing phonecalls and just started paying them all?

 

dx