Final Demand from Activ PLS PLS help

[shellyan]

I bought a tele from dixons in 1995 the cost was 168 and i paid 9 a month.

I am 99.9% positive this was all paid off.

 

I then last year started getting letters from Activ Kapital wanting1338.79

as they had bought the debt from either First National Tricity or Wescott?

 

I followed advise and sent them a statute barred letter on the 12th of feb via recorded del, Today i have had a letter saying "final demand of proposed legal Proceedings " saying i have seven days or ai get a county court judgement.. They havent acknowledged the S B letter.

 

I got all my credit report from experian and equafax and there is no mention of this debt anywhere

Pls what does this mean and what do i do next I am getting distraught. Thankyou

[itsamomentintime]

send a CCA request to them, should shut them up

[ODC]

You have sent them a Statute Barred Letter

 

The onus of proof is on them to prove the debt is NOT statute barred

 

send them this

 

Pick out the parts that you need

 

ACCOUNT IN DISPUTE

LETTER BEFORE ACTION

Dear Sir/Madam

 

Re: Account Number: xxxx xxxx xxxx xxxx

 

I refer you to my letter of DATE, in which my position was clearly described. To reiterate, you were informed that this alleged debt is Barred under Statute in accordance with Section 5 of the Limitation Act 1980. I have included a copy of this original correspondence for your perusal and ease of reference.

 

I am absolutely amazed by your company’s disregard for OFT Guidelines and legal process and procedure.

 

Not only has your company broken a number of OFT Guidelines for Debt Collection,

 

Including;

 

UNFAIR BUSINESS PRACTICES

Communication

S2.2g g. ignoring or disregarding debtors' legitimate wishes in respect

of when and where to contact them, for example, shift workers who

ask not to be telephoned during certain times of the day

 

False representation of authority and/or legal position

S2.4b falsely implying or stating that action can or will be taken when it legally

cannot, for example, referring to bankruptcy or sequestration proceedings

when the balance is too low to qualify for such proceedings or claiming a

right of entry when no court order to this effect has been granted

 

Physical/psychological harassment

S2.6a contacting debtors at unreasonable times and at unreasonable intervals

And

S2.6 ignoring and/or disregarding claims that debts have been settled or are

disputed and continuing to make unjustified demands for payment

 

Also the WHOLE of section 2.13/14 concerning Statute Barred Debts.

 

 

You have also failed to comply with my properly formatted Consumer Credit Act 1974 section 78 request, sent to your office by recorded delivery on 27th April 2007.

 

As you may not be aware , failure to comply with this request within 12 working days renders the alleged debt UNENFORCEABLE in law. Furthermore, if this non-compliance continues for a further month then a summary, criminal offence is committed, punishable with a £2,500 fine and/or six months in prison.

 

I must inform you that as of the ** FIRST DATE **, this alleged agreement is unenforceable and will be a criminal matter on the ** SECOND DATE **.

 

Further to your appalling business practices your company has been reported to Trading Standards and I am working closely with them regarding your apparent contempt for the law.

 

This will be the FINAL time I will contact you regarding this alleged debt too your company. All further correspondence will be conducted via the proper legal channels within Trading Standards and possibly The Office of Fair Trading, Financial Ombudsman Service and the Financial Crime Branch of HM Treasury.

 

You should also be aware that if you are unable to substantiate your claims then your behaviour will be considered harassment contrary to section 40 (1) of the Administration of Justice Act 1970, and may result in my choosing to pursue action against you.

As was stated in my last letter, any attempt to contact me by telephone regarding an alleged debt is an offence under section 127 of the Telecommunications Act 2003.

 

I would appreciate your due diligence in this matter.

 

 

Yours faithfully

[shellyan]

Sorry to be thick what is cca and thankyou for responces very very much welcomed

[shellyan]

Also If a CCA is the credit agreement they have sent me a photocopy off a micro film which is 1995. would they have to prove i still owe money because i am struggleing to prove i paid it as it was years ago.?

[ODC]

Along with the CCA (Consumer Credit Agreement) they are obliged to send you a statement of the account. However if the debt was unpaid or acknowledged for a period of 6 yrs then it would be Statute Barred

[Filthy Monkey]

It certainly sounds like the debt will be Statute Barred, based on the information you have given in your post. Can you be more specific about what the letter said. Have they actually stated that they have started taking legal action, or is it just one of the standard threatening letters saying that legal action MAY take place if you don't pay them?

[shellyan]

Its a threat of legal action in 7 days urging me to contact them

[ODC]

Like ALL DCAS they want to get you om the phone so as then can Lie, bully and threaten you into making a payment. Send them th Statute Barred letter by recorded delivery and see what their response is. DO NOT SIGN THE LETTER

[Filthy Monkey]

This is absolutely common practice. As ODC says, they are just trying to scare you into calling them. Unless you are absolutely sure of your rights and are particularly confident in dealing with people like this, stick to writing to them. This type of letter is simply designed to frighten you into giving them money and is, at best, immoral, but could potentially be illegal.

[itsamomentintime]

This type of letter is simply designed to frighten you into giving them money and is, at best, immoral, but could potentially be illegal.

 

i second that!

[shellyan]

Thankyou so much for your advice. i sent the letter you advised and put that i had sort advise from the oft and fos and i got this reply

We refer to your recent communication regarding this account Ref First National tricity finance and advise that your comments have been noted.

In view of your advisal you have been in contact with the oft and fos your account has been placed on hold pending contact from the third parties detailed

Yours Faithfully.

 

Do you know what this means ??

Does it mean they will go back to First National from 1995 even though they say they bought the debt from wescott and get me a statment of account and confirm it is statuet barred or as i say i am sure it was paid in 1995 anyway??

Do i need to do anything else?

Many many thanks in advance