Aktiv kapital after 12 years

[snappertherapper]

Hi, here again after a few years! (helped me claim back £4000 bank charges!) CAG in my hour of need!

 

12 years ago, as a student I had my bank act closed as was well over the O/D limit - was about £3000. a CCJ was issued which i started paying off. (The bank got the CCJ not AKTIV K)

 

after a couple of months i stopped paying it and moved on. Fast Forward 12 years and never heared another word of it! Now a DCA acting on behalf of AKTIV K have started writing letters and calling for a sum which would be about what was owed. No details are given - dates etc, just AKTIV K and a figure owed and a bit of bumpf about door step agent (May) call. So at this time it may not even be the same thing.

 

They cant have tried very hard to find me - always been on electoral role and had credit a few times since.

 

Anyway, at this point do reckon I should file under ignore as its only been 2 letters and 2 calls over 3 weeks or fire of a CCA request followed by a Statute B letter.

 

I have no debt on credit file and all debt since is paid apart from this 1. But I know that if you flag yourself up they will call every day. This happened to me last year for a smaller debt (from the same period(credit card for £250) which was paid off about 10 years ago to another DCA.

 

Fishing maybe? and just see if they go away?

 

cheers

[unclebulgaria67]

Ignore for the minute. AK deals with a lot of statute barred debt.

 

Following a CCJ they had 6 years to collect the debt or return to court to obtain a further judgement. If they did not go back to court, then they cannot enforce and it will be barred.

 

If they continue to write to you, I would suggest sending the statute barred letter.

[snappertherapper]

Cheers unclebulgaria67,

 

will hold off for now until it gets outa hand. Theyve called again today and left msg. will see how things go then send a CCA request. if they come back with anything from that then ill go down Stat Bar route as its 12 years.

 

Who would I send a CCA to? DCA or AKTIV? or both?

 

Do you have any idea how AKTIV are at giving up after CCA request and unable to provide any thing or do they just carry on regardless?

 

oh, and how come AKTIV need to get another DCA to chase it up for them,? if theyve bought the debt why dont they chase it up?

 

thanks in advance. I guess i know it needs to be ignored for now but its always a shock when something like this flares up after such a long time!

[unclebulgaria67]

Send the CCA request to the DCA chasing. AK buy debts, but don't always chase for them. Could be a sign that even AK don't think that they can collect on it, so are not prepared to waste their own time.

[ims21]

If a CCJ has been given then that replaces the agreement so a CCA will not be of any use.

 

As has been said, they would have to go to court to get permission to enforce the CCJ after all this time and a Judge will probably want them to give a good reason why they have not enforced the CCJ before now

 

ims

[unclebulgaria67]

If a CCJ has been given then that replaces the agreement so a CCA will not be of any use.

 

 

Yes, point noted. I did wonder about the merits of a CCA request, when there is an expired CCJ. Well we think the CCJ has expired. If the DCA comes back with evidence that the CCJ is still live, then the OP will have to look into this.

[ims21]

Yes, point noted. I did wonder about the merits of a CCA request, when there is an expired CCJ. Well we think the CCJ has expired. If the DCA comes back with evidence that the CCJ is still live, then the OP will have to look into this.

 

Agreed.....I just think to get an order to enforce at this late stage it is highly unlikely it would be granted by a Judge

 

ims

[snappertherapper]

OK. Thanks for the advice. wont send the CCA req then. but just 2 more things.

 

a) I have no idea if CCJ was enforced. like said before i moved on but never heared anything so dont have any idea what happened at my old address after leaving all that time ago. They may well have sent bailiff round.

 

b) is it likely that AKTIV even know about CCJ? would they just buy a figure and personal details in a portfolio of debt. Surely there would be no paper work after this long.

 

as I cant send a CCa req I guess I just need to ignore until they go away.

 

I'm gutted that after all this time with a clear credit file that im now having to hide again after 12 years. seems like a lifetime ago since was a student.

 

thanks again.

[unclebulgaria67]

You can check the CCJ online ( link here). The chances are that they got the CCJ and did not do anything with it. If they really wanted to trace you, they could have.

 

AK may not know anything about the CCJ. It may not be on your credit record anymore and would probably not be on any spreadsheet details they have received.

 

I would suggest that you ignore and if you feel hassled at some stage, then send the statute barred letter. It would be up to them to prove otherwise if they wanted to continue collection activity.

[snappertherapper]

Cheers..

 

Im hoping that may be the case. theres def nothing on my credit file about it.

 

thanks again for responses and help - your a star!

 

Speak agin if it gets out of hand

Edited March 8, 2012 by snappertherapper

[snappertherapper]

Hey guys

 

just to keep thread updated - had letter of 70% off yesterday.

 

Hoping this means they've got naff all on me. 2 phone calls since - none answered.

[unclebulgaria67]

Hey guys

 

just to keep thread updated - had letter of 70% off yesterday.

 

Hoping this means they've got naff all on me. 2 phone calls since - none answered.

 

They probably realise that given the age of the debt, that they are unlikely to collect anything. A few more letters and phone calls, before they pass onto another DCA.