letter from aktiv kapital

[wayne78]

i just got a letter from a company called aktiv kapital that i have never heard of stating

URGENT FINAL DEMAND

YOUR DEPT IS OVERDUE FOR PAYMENT

EETTLEMENT IS REQUIRED NOW

COURT ACTION MAY BE TAKEN WITHOUT DELAY UNLESS YOU MAKE CONTACT WITHIN 48 HOURS

COURT COSTS MAY BE ADDED TO YOUR DEPT AND INTREST MAY CONTINUE TO ACCRUE

FAILURE TO RESPOND TO THIS DEMAND MAY AFFECT YOUR ABILITY TO OBTAIN CREDIT

ALL FURURE COMMUNICATIONS AND PAYMENTS SHOULD BE MADE TO DEPT MANAGERS LTD

 

it then says

client aktiv kapital fi barclays bank plc

ref number xxxxxxxx

amount due £157.43

 

i had a barclay card about 9 years ago and i think i owed something on it. i have never heard anything from this company or barkeys in 8 years

what should i do ?

[IdaInFife]

Send a SAR request to find out what it is

[wayne78]

what is a s.a.r and what does it do ?

sorry i dont know

[jveasey147]

there is no need to send a sar unless you really want to if the debt is over six years old and you have not paid or agreed to pay or spoken about this debt in that time scale it will be statue barred so just ignore the letter as they will never be able to get a penny that is law

[gizmo111]

Send them this letter no contact with creditor over 6 years

[demonbiker]

What if you have moved address within that time but didnt inform them?

[lookinforinfo]

Wayne, before you send off an sar, and you are sure that you have not paid any money off the barclays debt, nor acknowledged it in writing, then it

might save time to do a couple of other things first.

1] obtain your credit file from experian, Equifax and Call Credit [you are able to

get them online] this will show if the debt is still showing on your files-it

shouldn't be unless there has been a ccj applied.

2] send Debt Managers a CCA request, along with £1 postal order. [There is

a preprinted letter that you can use on the forum. It is located in the General

Debt section-then goto the subsection where all the "sticky" threads are,

and the last one there is where you will find letter N. Make sure that you specify "I DO NOT ACKNOWLEDGE THE DEBT" as failure to do so may restart

the debt-not something you want to do.]

 

DM then have twelve working days [plus two more allowing for the mail to

respond to your legal demand. If they fail to comply they are in default and

until they comply, they cannot pursue you for the debt.

If they still haven't produced the required documents within another month,

then they commit a criminal offence, face a fine of up to £2500, and cannot

pursue you for the debt without an order from the Court.

 

However, if they do comply within the requisite time, and the debt is not too old to be legally enforced then you might bring the sar into play.

[gizmo111]

Wayne, before you send off an S.A.R - (Subject Access Request), and you are sure that you have not paid any money off the barclays debt, nor acknowledged it in writing, then it

might save time to do a couple of other things first.

1] obtain your credit file from experian, Equifax and Call Credit [you are able to

get them online] this will show if the debt is still showing on your files-it

shouldn't be unless there has been a ccj applied.

 

If the debt is still current and is within the 6 year limit it will still be there as a default even if a CCJ hasn't been applied.

2] send Debt Managers a CCA request, along with £1 postal order. [There is

a preprinted letter that you can use on the forum. It is located in the General

Debt section-then goto the subsection where all the "sticky" threads are,

and the last one there is where you will find letter N. Make sure that you specify "I DO NOT ACKNOWLEDGE THE DEBT" as failure to do so may restart

the debt-not something you want to do.]

 

DM then have twelve working days [plus two more allowing for the mail to

respond to your legal demand. If they fail to comply they are in default and

until they comply, they cannot pursue you for the debt.

If they still haven't produced the required documents within another month,

then they commit a criminal offence, face a fine of up to £2500, and cannot

pursue you for the debt without an order from the Court.

 

However, if they do comply within the requisite time, and the debt is not too old to be legally enforced then you might bring the S.A.R - (Subject Access Request) into play.

 

There is no need any of this if he is surethat he hasn't paid or acknowledged the debt in the last 6 years.

[gizmo111]

What if you have moved address within that time but didnt inform them?

 

Their tough luck

[wayne78]

hi thanks everyone i have had no contact with barkleys for about 8 years maybe more. from what i can remember i was making month payments to them years ago because i lost my job and could not pay them money they said i was over drawn by. i have not heard anything from them nothing is on my credit file so what should i do now?

[gizmo111]

What I said here http://www.consumeractiongroup.co.uk/forum/general-debt/66638-letter-aktiv-kapital.html#post571163

[wayne78]

so as the dept has not had any money paid off it in 6 years nor has there been any contact i just send this letter to them and add on it i do not acknowlege the dept. then what will happen next . this site is great i would not have a clue about things like this

[lookinforinfo]

If there has been no activity in the past ix years on your account, nor any

acknowledgement of the debt by you in that time either, the debt is regarded

as being out of date and therefore you cannot be forced to pay the debt-even

by a Court.

[wayne78]

does that rule aply to ccys that are 6 years old with no contact?

[gizmo111]

does that rule aply to ccys that are 6 years old with no contact?

CCJ's are in theory enforceable for ever

[lookinforinfo]

In circumstances where a ccj has been applied, the creditor will require an

order from Court to enforce the debt where no contact has been made for

six years. And may have to explain the lack of contact.

[wayne78]

i sent the letter off today starting no akknoledgement like you all said so i am now waiting for a reply

[wayne78]

* ACKNOWLEDGE i cant spell lol

[demonbiker]

I got a letter back from BCW explaining what the debt is for and is from an old Barclays account over 6 years ago. I denied i owed them on the phone and it wasnt me:rolleyes: they said they couldnt disclose who/what debt was for with me if i wasnt the debtor- then send me a letter telling me what its about? clever?

I now have a VISIT BY DEBT INVESTIGATION OFFICER letter!!

I havent lived at my old address for over 8 years, i havent paid any money to them, havent called them or written any letters , there is nothing on my experian credit file to do with them,so i assume its statute barred and unenforceable???

They say i breached my contract twice- once when i changed address - i assume the other was failing to pay?

 

If any one turns up - and i doubt they will from reading other posts i can just tell them they are tresspassing and get off my land.

 

Should i be worried?

The wife is petrified that someone will turn up while im at work!

Ive told her to let NO-ONE into the house while im not there.

Thanks

[jveasey147]

hello demon biker, i have been dealing with aktiv and bcw for some time now, tell your wife not to worry,as i doubt very much that any one will turn up, it is just one of there scare measures! went through the same thing, wife just as scared, still waiting after 6 months, so tell her not to worry.

[jveasey147]

hello again, forgot a bit! if you are worried, there is a template to send to bcw, to stop them sending any one, cant remember which one it is, but im sure some one will let you know.

[demonbiker]

Anyone know which letter to stop them coming round?