Aktiv Kapital chasing my mum for OH's Kwikfit debt

[Huff&Puff]

Ordinarily I don't believe it is possible to recover any payments made - the debt does still exist even though Stat Barred, and a court will look on any payment as a gift. However, it seems to me that there could be an element of fraud here, if they have misrepresented the position as to whether your mum owed your dad's debt at all. I'd like tio hear what the others think about that.

[Undercover-Elsa]

I concur, it will be very interesting to see what the SAR /CCA documents show up if/when they send them. If they show it's not your mum's debt and she's been misled, presumably she could claim back the payments. Trouble is, if they realise that they'll probably "lose" or "misfile" the agreement

[Blondmusic]

Well i have spoken to mum and it is in her name. I am quite annoyed that Aktiv Kapital have exploited her lack of knowledge by demanding payments on an account they know is Statute Barred and i would really like to try getting the money back as it totals to £1000.

 

We are waiting for the SAR to come back and i will see if we can reclaim any charges.

[Bazooka Boo]

I fear that the only way of getting this money back would be to file a small claim. If they fail to return it themselves, then a simple letter before action (LBA) might focus their minds a little better, then if they still fail to return the money hit them with a small claim.

 

However, you have plenty of time in which to collate the necessary evidence to make a case, waiting for them to reply to your SAR.

 

Keep us posted;)

[DOZY]

hi blondemusic

 

I had a debt with sainsburys for years then Aktiv Kapital took it over, after intial contact and a refusal to pay more, they came back with an offer of a Full & final of a debt of £3800 for the sum of £150 ,yes £150, i had it paid by a rellie ,cos if you pay it, they think you have got money stashed away someplace , and will investigate you, all done and dusted in two weeks .

 

So go for a CCA , then a F&F, but remember not to offer payment yourself, say a rellie is going to help you out.

 

dozy

[Huff&Puff]

What I think might be worth try here, is to send them a letter along the lines of "To avoid your company in expensive litigation, I would be prepared to accept a Full & Final in exchange for the monies paid to date". To be honest, you have little to no hope of getting that money back IMO, but you might at least be able to get it to go aay and be marked as satisfied on your credit file.

[Bazooka Boo]

I thought the debt was SB?? If so there should not be any negative markers on your CRF, A debt is SB six years (5 in Scotland) after payment or acknowledgement of debt, an account is in default normally within 30 days of last payment of the account, in or out? I'm not 100%

 

So if they have placed a default on your CRF a day before it is SB then that is not playing fair or by the rules:D

 

Pretty much they have to remove the marker, and a complaint must be made to the ICO to get these cowboys back in line.

 

 

Boo;)

[Undercover-Elsa]

Agreed BB -

I don't think the CRA or getting an F&F comes into it, if I'm reading it right, its a case of payments made after it became Statute Barred, then they've admitted it's Stat Barred and dropped it, but there may still be unfair charges to reclaim to offset the payments made by Blondmusic's Mum, hence awaiting SAR. CCA was sent before they admitted it was Stat Barred.

That's it in a nutshell so far..I think...

Elsa

[Huff&Puff]

You're both quite right, I don't know what I was thinking. I've been having one of those days today

[Bazooka Boo]

You're both quite right, I don't know what I was thinking. I've been having one of those days today

 

Its a Monday, everyone is allowed bad Monday!

[ScabHunter]

Its a Monday, everyone is allowed bad Monday!

 

I hope that doesn't include the organists who play at Coventry Cathedral - all of their recitals are on Mondays!

 

SH

[Undercover-Elsa]

I have days like that whever there's a D in the day of the week..

I just put it down to Elsazeimers