Aktiv Kapital question

[welly]

Good afternoon all

 

Heres one for you I'm not too sure about! Got a letter from Altiv Kapital for a old barclay's bank account and a outstanding amount of over £500 and I dont remember having any money outstanding:confused: as this is from 2001 if I remember right.

 

And Ive never had any contact from Aktiv even though they claim they have had the debt since April 2003 and they Informed me when they purchased the debt(Never Received that) and have sent this letter to my current address.

 

Now with a bank account can I still do the CCA request and see what they have? or would a SAR be better?.

 

I think I'm going to have to SAR Barclay's to see if this is all charges that has made it over £500:-x

 

Thanks

 

Welly:)

[dw190]

Good afternoon all

 

Heres one for you I'm not too sure about! Got a letter from Altiv Kapital for a old barclay's bank account and a outstanding amount of over £500 and I dont remember having any money outstanding:confused: as this is from 2001 if I remember right.

 

And Ive never had any contact from Aktiv even though they claim they have had the debt since April 2003 and they Informed me when they purchased the debt(Never Received that) and have sent this letter to my current address.

 

Now with a bank account can I still do the CCA request and see what they have? or would a S.A.R - (Subject Access Request) be better?.

 

I think I'm going to have to SAR Barclay's to see if this is all charges that has made it over £500:-x

 

Thanks

 

Welly:)

 

Firstly, I would simply dispute the debt. If its from 2001 and they take as long again to respond to your dispute it will be statute barred.

[welly]

Im going to be doing that just sorting a letter out to send to them just wanted to know if the CCA can be done for a bank account with a DCA:)

 

Thanks:)

[davefirewalker]

ERMMMMM

 

hold on there a minute! if you send them a letter you have made contact and the six years can start again.......

 

BE CAREFULL

 

Ask for a mods advice

 

Also see DCA thread Aktiv Kapital is mentioned a LOT in there

 

Dave

[welly]

Thanks dave and will try a Mod not going to send anything just yet until Im sure about this and yes just been doing a search about them:)

[Guest Zooman]

He is talking about the The Limitation Act 1980, this sets out the rules on how long a creditor has to take action against you for a debt i.e. take you to court/apply for bankruptcy.

 

Unsecured Creditors.

 

 

You can argue that the creditor is out of time or “statute barred” from taking you to court for this debt if all 3 points are meet.

1. The creditor has not already obtained a judgment against you.
   
2. You, or any one else owing the money (on a debt in joint names) have not made a payment on the debt during the last six year.
   
3. You have not written to the creditor admitting you owe the debt during the last six years.

The protection offered by the Limitation Act does not start until 6 years after the most recent acknowledgement of the debt bu you (by way of letter from you/your agent or the last payment).

 

To sum up your debt from the information supplied is not statute barred and yes if you make acknowledgement of the debt now that would reset the clock for the purposes of the Limitation Act. Try to remember the last time you made 2 or 3 and add 6 years to work out when it will be statute barred.

 

Also you should note they can start proceedings as late as 5 years 11 months from your last acknowledgement with no statute barred issues.

 

 

Just for information the act allows 12 years for the above if the debt is secured.