BuchananClark/ Aktiv Kapital 7 yr old debt: Help

[Tom Carter]

Hi,

Yesterday i got a letter from Buchanan Clark stating that i had an unpaid debt in the sum of £3,940.66.

 

The debt has been transfed from Aktiv Kapital and there saying that i've not paid anything on this since 1999. This i have paid in full back in 99-2000 but i have no paperwork to suppport this .

 

 

Anyone got any ideas what i should do?

 

Help Please

 

Tom

[jveasey147]

do not phone bcw they are horrid i wont leave you aloneapart from that just read a few threads every thing you need is in here

[lookinforinfo]

Write to them saying that you know nothng about the debt. Ask them what

proof they have that a debt exists and proof that it is enforceable

anyway as it appears to be older than 6 years. Until they can show

conclusive evidence, any further correspondence will result in them being

reported to Trading Standards and the OFT for harassment.

 

BE careful not to admit that you ever had a debt. It is the debt, not your debt.

[Tom Carter]

Hi, thx for the advice

 

BCW won't leave me alone formal demand on the 23rd Nov 3 phone calls since and a final notice today(30th), despite me calling them over ten times faxed what info i have twice and 3 E-mails to them to try and sort this out.

 

The final notice stated "Since you have failed to notify us of any legitimate reason for non-payment we can only assume that you do not wish to settle this matter amicably"

 

I even phoned Aktiv Kapital and they said i did not owe them anything, untill someone from BCW rang them today then all of a sudden Aktiv agree with BCW.......Grrrrrrrrr

 

It's deffinatly over 6 years since they say there has been any activity on this account they quote 1999 So the Question,

 

Do i send a Limitation Act 1980 Section 5

or do i need to send a SAR asking for a true copy etc.

Any advice would be apprecated

Thx Tom

[LondonPam]

Yes it's the Limitation act one. Something like this should be fine.

 

Name of Creditor

Address of Creditor

 

WITHOUT PREJUDICE

 

Dear Sir/Madam

 

Re: Account No/Reference No:

 

No debt is acknowledged to you. You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

 

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.”.

 

The last correspondence/payment/acknowledgement of this 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.

 

I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

 

I look forward to your reply.

 

Yours faithfully

 

(Your signature)

[Tom Carter]

Thx for the quick reply and with just the aswer i was hoping for

 

I will send it recored devivery tomorrow

 

and maybe a copy faxed too this company really suck

 

Tom

[sequenci]

also mention that under Section 2.14 of the OFT Debt Collection Guidance it is unfair for a creditor to chase for a statute barred debt and that continuing to chase for a statute barred debt could amount to harrasment contary to Section 40(1) of The Administration of Justice Act 1970