Scottish power

[Risky1]

Hi there,

 

I see there is a mass of usefull info on Active Capital on here, but I really need help.

 

When I was ill they bombarded me into paying an installment plan for a debt that was over 5 years old that I had owed Scottish Power.

 

Stupidly I am still paying £30 a month. It is well off my credit reports and way over 6 years old the question is

 

If I now stop paying the £30 a month and cancell the direct debit can they register a CCJ or default on my credit file.

 

The debt is well over 6 years old and if I had known the info on this site when they were harassing me when I was just out of hospital I would never have paid a penny!!

[kev100]

see below

[rory32]

In Scotland after 5 years your obligation to pay any debt is existinguished.

If I now stop paying the £30 a month and cancell the direct debit can they register a CCJ or default on my credit file.

In Scotland this would be a decree, and the answer is no. The same answer applies to the default.

[Risky1]

So if I just don't pay the £30 a month to Aktiv Kapital; that I have been shelling out each month for a debt that they bought from Scottish Power, NOT the utility company, in 1999. That is over 6 years from the date of default then they cannot take me to court or register anything against me, amd I grasping this right as I have been paying £30 a month for 2 years!! If this is bono fido I will be immediatley cancelling my Direct Debit!!

[rory32]

If there was a period of 5 years or more when you did not pay the account the the obligation to pay is legally extinguished. Debts can not become un-statute barred, so that obligation remains extinguished. Basically what that means is it is up to you whether you choose to pay or not. No legal action can be brought against you and a default would be unlawful as no obligation to pay exists. The relevant part of the Act is below.

The Prescription and Limitation (Scotland) Act 1973 Part 1 Section 6 "If, after the appropriate date, an obligation to which this section applies has substided for a continuous period of 5 years:

 

(a) without any relevant claim having been made in relation to the obligation, and

(b) without the subsistence of the obligation having been relevantly acknowledged,

then as from the expiration of that period the obligation shall be extinguished:"

[Risky1]

Thankyou so much for that you have just saved me £30 a month, but Aktiv Kapital do have a habit of harassing so I will be expecting wuite alot of phone calls. That explains why they turned on major pressure and offered discounts just before it was about to disappear off my Experian file

[rory32]

I would send AK a harassment by telephone letter if they start to phone (template here). You also may wish to adapt the following letter to your needs.

Dear Sir/Madam

 

Acc/Ref No 4563210025897412

 

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 Prescription and Limitation (Scotland) Act 1973 Part 1 Section 6 "If, after the appropriate date, an obligation to which this section applies has substided for a continuous period of 5 years:

 

(a) without any relevant claim having been made in relation to the obligation, and

(b) without the subsistence of the obligation having been relevantly acknowledged,

then as from the expiration of that period the obligation shall be extinguished:"

 

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".

 

The last acknowledgement of this alleged debt was made over five years ago. Unless you can provide evidence of payment or written contact from myself in the relevant period under Part 1 Section 6 of The Prescription and Limitation (Scotland) Act 1973 , I would respectfully suggest that you are no longer able to take any court action against myself to recover the alleged amount claimed.

 

Should you continue to pursue this account without providing this evidence I shall seek an interdict and damages accordingly. A formal complaint will also be made to Trading Standards along with a report to the OFT questioning your fitness to hold a consumer credit license.

 

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

 

I look forward to your reply.

 

Yours faithfully

Mr A N Other

[rory32]

If they do start to phone keep a log of all calls and report them to Trading Standards for harassment.

[Risky1]

Well the harassment has begun. Chris at Active Kapital just told me that as I paid the debt by direct debit last month to them that I am no longer entitled to Statute of Limitation and that they are entitled to call me 4 times a day 7 days a week as I owe them £100 they do not need to accept my request to have correspondance as they are a telephone based debt collection company. The debt I was paying off is well over 6 years old and no longer on my credit file. He advised as I acknowledged the debt all be it after 5 years by paying them one single payment is acknowledging the debt so baically tough luck!!

 

Can you please re assure me my best course of action

[Risky1]

This is for Rory,

 

I have decided to take your advice and give it a try the nuggets at the call sentre advised as I made payment it snot statute barred but I read and re read the letter you sent me and advised on the bottom that it was statute barred before they got a payment as the debt was 5years old with no payments by the time they took it on!!

 

I am sending the letter and the telephone harassment letter by recorded delivery tomorrow I am determined even though the debt was £700 + and is now only £100 Its £100 better off in my pocket especially with 4 kids and working too hard at a loss adjusters for not enough pay!!!

 

I take it they now need to prove with evidence that the debt was less than 5 years old when I started paying to enforce the debt?

[rory32]

I take it they now need to prove with evidence that the debt was less than 5 years old when I started paying to enforce the debt?

Yes. They would need to prove that any obligation to pay still exists.

 

One of the reasons that we tell people to not talk to them on the phone is that they will often make up any old rubbish to try to get you to pay. They would never put such statements in writing because they know that they are simply not true. Telephone conversations can be denied, unless you record them.

[Risky1]

Hi there,

 

So far although the guy at Aktiv Kapital stated theyhave a right to telephone they have amazingly stopped phoning!!

 

I sent off the letters and got a letter stating

 

We note you have failed to keep to the agreed installments.

 

Unless the due payments and arrears are received by return we will have no alternative but to continue through the Courts without further notice.

 

Payment terms are concessions made by Aktiv Kapital as an alternative to pursuing through the courts for payment of the balance in full, we suggest that you keep to the payment terms that have been agreed.

 

I now have my reference and the balance a mass £172.08

 

I know for sure that I did not start paying themtheir instalments until it was a couple of months short of 6 years as it was registered as a default and has since long gone!!!

 

There is no way that they can take me to court or even try it with a statute barred debt. It was statute barred before I paid them anything!!

 

Any idea what they will now do on a statute barred debt of £172.08 owed to a company that went into liquidation long ago.

 

Will they just keep threatening legal action or will they be stupid enough to think that by paying them it is not statute barred?

[Risky1]

Hi Rory,

 

You may be proud of me I also emailed the letter but added that I may pursue legal action on their staffs methods of harassment on a statute barred debt as I was just out of hospital after being diagnosed with MS and do not think is is right the level of harrasment received on a statute barred debt on someone who was not in a state of mind to deal with it. I also advised I think its discracefull practise towards the disabled and vulnerable.

 

So I hope they go away! I can prove that I was just out of hospital after a 9 day stay when they called me and I did advise I was only just out of hospital and too unwell to deal with it - not that they listened

 

Surelythey have broke an addittional few laws there?