09 Mar 2015

A question about : HELP aktiv kapital.

Hi All

My Girlfriend has just started getting letter for the above, so i sent up a email address and email them.

The below i what i sent because i she told me the debt was form years and years ago.

The reason i am worried is , i have moved all my stuff into her house and dont want debt collectors coming in and taking it!!!!!!!!

Please Help

I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

Dear Sir/Madam

Reference number:

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that i have no knowledge of any such debt being owed to anyone.

We are familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

We would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

We would further note that based on the information you have supplied, this account would also be statute barred under the Limitation Act 1980

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.

I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period.

Furthermore that the OFT Debt Collection Guidance states further that continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970.

We would ask that no further contact be made concerning the above accounts unless you can provide evidence of both:

(1) proof of my liability regarding this debt.

and

(2) payment or written contact from me in the relevant period under Section 5 of the Limitation Act.

We await your written confirmation that this matter is now closed.

Otherwise we will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

I look forward to your reply.

Yours faithfully

The below was there reply.
please can you explain what it means.

Thanks

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.

The original default was registered on the 21st February 2008 with the original credit grantor CL Finance, and the account was opened on the 16th March 1999.

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:

Court Code 335 Case Number 8XY23066
Issue Date 25/02/08 Judgment Date 25/03/08
Total Fees Ј30 Total Costs Ј 72
Last Warrant Date XX-XXX-XX
GE Alt REF 6319342218740933

As a Judgment has been obtained the terms of the Limitation Act do not apply.Tthe six year time limit as dictated by the Limitation Act 1980 has never expired, the matter is not considered statute barred. The current balance is therefore due and payable.

For your information, the current balance amounts to Ј566.90.

Regards,

any help would be much appreciated.

Thanks again

Best answers:

  • As far as I am aware, AK are debt collectors and not bailiffs. They cant enter your home and take anything so please dont worry.
    Give National Debtline or one of the other charities offering free independant debt advice a call to discuss the matter.
  • I looked on her credit report last night. She has 2 outstanding debts. One with a default date of 2007 and one with a default date of 2008. Do we need to ask for prof, like a copy of a signed credit agreement or is it a matter that we have to pay it? We can hardly afford to live never mind pay her debts off. I got out of debt 3 years ago, with a lot if hard work and my credit report is spot in now.
  • You picked a good one there!
  • She should phone Northampton Court (local court may also be able to check this) and ask for details of this ccj. It is odd that it does not show on her credit file if it was awarded in 2008, as entries stay on file for 6 years from the date of judgement.
    Does she really have no memory of a court claim in 2008? With bailiffs (warrant) shortly afterwards? Before you engage with AK, I'd suggest that you check what they are telling you is correct. Not that I don't trust them (much).
  • Hi RickyF1, thank you for your query regarding help
    If your partner does not dispute owing this debt now she has details of who the creditor was and what the debt was for I would suggests she either negotiates a repayment plan directly with the debt collection agency on an informal basis by sending them an income and expenditure with an offer of repayment. You can find information and template letters at www.adviceguide.org.uk. But as there is a CCJ in place your partner is at risk of enforcement action such as a warrant of execution, a charging order (if she owns her home) or an attachment of earnings and she can ask the court to vary the judgement to allow instalment payments by using form N245 and paying a fee of Ј40 and if your partner is in receipt of certain benefits or a low income she may not have to pay the fee at all by applying for remission using form EX160. You can also find more information about varying a CCJ at www.adviceguide.org.uk.
    If your partner is still disputing owing the debt and states she never had an account with Santander she can apply to the court for a set aside of the judgement using form N244 and there is a fee of Ј80 which again she may get remission for using form EX160. A judge will then look at the circumstance of why she is disputing the debt and also why she did not defend the original court claim and will decide whether there are grounds to set aside the judgement but then your partner would still need to dispute the debt with Santander as the court would only cancel the judgement not the debt.
    Regarding your concerns about your belongings. Activ Kapital are not a bailiff so they have no powers to take any goods for the payment of this debt but as there is a CCJ the original creditor could apply to the court for a warrant of execution and send a bailiff to your home but that bailiff can only take goods which belong to your partner solely or jointly but you may be asked to prove the goods are yours.
    Hope this is of assistance
  • Can I ask, does the debt registered with the debt recovery agent begin when the default was registered (effectively making a very old debt a new one, thus rendering the statute barred element redundant) or when the original debt went into default?
    Sorry if that's a bit Dutch :0)
  • If AK are telling the truth, the account was opened on 16th March 1999 and the court claim issued on 25 Feb 2008.
    If your girlfriend acknowledged the debt by payment or in writing after Feb 2002 (assuming England/Wales) then she can forget about SB status cos it never got there.
    I think that's what you're asking.
  • Don't dip into your pocket, it's her debt, let her dip into her pocket.
    If you make it easy for her she'll just keep doing it. And when she gets into debt again, it will
    be half your fault.
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