Aktiv Kapital and BCW car from Yes car Credit

[gideonssword]

In the year 2000 i got a car from Yes car Credit,

after 18 months the cars gearbox went

and i fell into arrears so i eneded up with no car

and yes car credit pursuing me.

 

Later in the year 2006 i got a letter from Aktiv Kapital saying that they had purchased the debt

and they pursued me for the debt.

 

in 2008 Someone phoned me and i foolishly did not think

and they talked me into making a token payment of £50

which would have destroyed the Statute barred angle.

 

These past few weeks i have been getting letters from Buchanan Clark and Wells

saying they have been assigned to collect the debt on behalf of Aktiv Kapital.

 

this morning i got a final notice before action letter from BCW so i have sent off the standard cca request letter today,

 

My question is what do i look for on the agreement to check if its enforceable?

[citizenB]

If you made the payment under duress, I dont think it counts.

[dx100uk]

yep

agreed ignore them.

 

dx

[havinastella]

You really need to be sure of your dates.

 

When was your final payment to Yes Car credit, from your first post it seems like middle of 2001!!!!!

 

If you didn't make another payment till 2008 it would be Stat barred even though you made a payment under duress!

[Crapstone]

Ignore them completely until they actually do anything. They are full of empty threats and it's now 4 years on, so if they wanted to go to court they have had ample opportunity. If I had a £1 for every letter like that I'd be sitting on a beach and eating fresh lobster!

 

They may threaten you with a 005 and 3/4's in the form of a process server. Not quite a 007 Bond type, but they sneak up and pretend to have delivered notice to make you bankrupt.

 

It's nothing to worry about and don't make any contact with them.

[sick of thames credit]

Ignore them completely until they actually do anything. They are full of empty threats and it's now 4 years on, so if they wanted to go to court they have had ample opportunity.

 

Aktiv can and do take people to court, my last payment to them was four years ago and they still took me to court and obtained a CCJ which I am now in the middle of fighting.

[gideonssword]

Well its been almost a month since i sent off my cca request to Buchanan Clark and Wells regarding Aktiv kapital and Yes car Credit loan.

 

I got a letter this morning saying again that my account has been put on hold whilst they continue to look for the cca and a final response will be given in 4 weeks.

 

My question is: is there a time limit on this before it becomes unenforceable? or if they found it 6 months down the line could they enforce this?

[dx100uk]

cca is 12+2 WORKING DAYS.

if they comeup with an agreeent 'whenever' makes NO ODDS

 

this debt is obv statue barred. and nothing can unbar it.

the under duress payment does not count

 

i bet it does not show on your CRA file either.

 

it would be really nice to hit YES CAR with a reclaim

 

shame you dont have the agreement?

 

dx

[Bang!]

From the dates it's fairly likely you paid them £50 after it was statute barred already in 2008.

Edited June 23, 2012 by Bang!