9-10 year old aktiv capital debt

[Tommy]

Hi,

This morning i had a letter to me at my current add of 2 years regarding a Barclays account that possibly belongs to me.

Dear Mr xxx
Your acount with us
We have an account for me xxx. The account relates to an outstanding balance with barclays bank plc. the amount owed is £834.74.

Your details
We have been provided with the above address through public data bases.
We therefore believe that you are our custormer and this is the correct address for your account.
We would like to talk to you about repaying this balance so please call blahblah.

If your believe you are not the account holder then you will need to tell us straightaway and we will amend our details.

Ok This was a long time coming. Ive banked with natwest for 10 years and they have had all my addresses. Ive never lied on my credit applications and currently have several in good order.

I do not have this kinda money laying around, nor the second account they mentioned when i called them for a barclay card.

Am i right in thinking i can challange this debt as it could be statute barred? Also this letter, had it not been me at this address, would it not have breached DP?

Any help challenging this account would be received with thanks

[Curlyben]

Re: 9-10 year old aktiv capital debt

Well someones having a



So normal Q's here.
When was the last acknowledgement either by payment or in writing ?
Have you responded to them at all ?

[Tommy]

Re: 9-10 year old aktiv capital debt

Hi ben.

Unfortunatley i spoke to them on the phone today. Other than that ive had absolutely no contact since 2001, 2002 at the VERY latest, as i moved from my parents home in 2001.

I queried the balance, as i had £1000+ interest and charges on a barclay card and they said they have that account too from 2001. the account i was wrote about was from 1999 they said. I raised concerns over a possible data protection breach had i not been the account owner, i asked them to substantiate there claim it was me. They asked me to put it in writing.

Next letter ill post first before ringing/writing

[WendyB]

Re: 9-10 year old aktiv capital debt

so, you've acknowledged that you do actually owe this debt? But today is the first time in over 6 years? My first thought is that it's statute barred, but not sure if your contact with them today will cancel out the statute barring....Curlyben is best one to advise on that.

[Tommy]

Re: 9-10 year old aktiv capital debt

Well, if thats the case for this account they wrote to me about, would that be the case with the barclay card they said they have for me on the phone too? they have not given me any account numbers or written regarding that one though, just pretended to offer a good settlement deal...

cheers, Tommy.

[Curlyben]

Re: 9-10 year old aktiv capital debt

Once a debt is Statute Barred NOTHING can unbar it.
The fact this is nearly TEN years old means they are taking the whatsit.

So Stop the calls and send them a letter to that effect.
I sent a good one to Thames credit, part of the same pond dwellers.
CB Vs Thames Credit aka A Case Study - Legal Beagles Consumer Forum

[Tommy]

Re: 9-10 year old aktiv capital debt

Ill get on that right away then Ben.
My only concern, as seen from the debt recovery side, IF they can prove they have made a continuous effort to trace me, and in effect there is no 6 year continuous period of no action, can the debt be enforced?

Thanks a lot.

[Curlyben]

Re: 9-10 year old aktiv capital debt

ROFLMAO.

*Cough*
Yeah right.
Do you really think AK would go too all of that hassle for a debt they likely paid pennies for

[Tommy]

Re: 9-10 year old aktiv capital debt

Ok I see your other thread Ben, so should i sit and wait now, or hit them with a letter like this one Legal Beagles Consumer Forum and maybe include reference to unfairly requesting all people with same name and DOB being against oft guidelines?

[Curlyben]

Re: 9-10 year old aktiv capital debt

Wait and see if they can be bothered to write again.
Remember, if they call, the old everything in Writing mantra

Here's an SB'd letter from my files that might prove some fun

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

Dear sir/madam,

Thank you for your letter of the DATE, the contents of which have been noted.

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.


As your letter contests that this is the case, it is now your legal obligation to substantiate your claims and to prove that this alleged debt is indeed enforceable and not barred by statute.

You should be aware that I am fully familiar with the Office of Fair Trading Debt Collection Guidance, which states that it is unfair to mislead debtors as to their rights and obligations by falsely stating or implying that the debt is still legally recoverable and continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred.


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.


In addition, I hereby demand that you now supply me with information regarding your complaints procedure. Failure to comply will result in the complaint being escalated to the Financial Ombudsman Service, who will charge you for investigating my complaint.

Finally, I expect no further contact be made concerning the above account unless you can provide clear evidence as to my liability for the debt in question, or your written confirmation that this matter is now closed.

I would appreciate your due diligence in this matter.
I look forward to hearing from you in writing.

Yours faithfully,

[Tommy]

Re: 9-10 year old aktiv capital debt

Thanks ben, Second letter dropped on the doormat today, one for each account.Says they havent hear from me (obviously no notes of my phone call)

Sending this to them today, twice, recorded post.

Tommy

13th July 2010

Ref .........................

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

Dear sir/madam,

Thank you for your letter of the 8th July 2010, the contents of which have been noted.

I refer you to my telephone call on 24th June 2010, 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.

As your letter contests that this is the case, it is now your legal obligation to substantiate your claims and to prove that this alleged debt is indeed enforceable and not barred by statute.

You should be aware that I am fully familiar with the Office of Fair Trading Debt Collection Guidance, which states that it is unfair to mislead debtors as to their rights and obligations by falsely stating or implying that the debt is still legally recoverable and continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred.

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.

In addition, I hereby demand that you now supply me with information regarding your complaints procedure. Failure to comply will result in the complaint being escalated to the Financial Ombudsman Service, who will charge you for investigating my complaint.

Finally, I expect no further contact be made concerning the above account unless you can provide clear evidence as to my liability for the debt in question, or your written confirmation that this matter is now closed.

I would appreciate your due diligence in this matter.
I look forward to hearing from you in writing.

Yours faithfully,
Tommy

Hows that sound? just cut a few bits off yours then cheated...

[Curlyben]

Re: 9-10 year old aktiv capital debt

All good.

[righty]

Re: 9-10 year old aktiv capital debt

Ill get on that right away then Ben.
My only concern, as seen from the debt recovery side, IF they can prove they have made a continuous effort to trace me, and in effect there is no 6 year continuous period of no action, can the debt be enforced?

Thanks a lot.

Failure to locate the alleged debtor DOES NOT negate the Statute of Limitations.

After all a creditor could simply concoct a file (not unknown) in which they claim they've made efforts during the 6 years to contact the debtor so no it doesn't matter. The courts are wrong when they say you admitted the debt or you've made a payment so the 6 years no longer applies. Neither of these actions negates the Act & if asked by a court 'do you admit the debt' refuse to answer whilst insisting that the court address the matter of limitation.

[Nibbler]

Re: 9-10 year old aktiv capital debt

My only concern, as seen from the debt recovery side, IF they can prove they have made a continuous effort to trace me, and in effect there is no 6 year continuous period of no action, can the debt be enforced?

Doesn't matter one jot what efforts they may have made or claim to have made.

The only action by a creditor that can stop the 6 year period running is issuing court proceedings. No other "action" counts, and it is such legal "action" on the expiry of the six years that is then barred.

A creditor can send you a letter asking for payment every day of the 6 years, but that will not stop the debt becoming statute barred.

As far as acknowledgement and payment goes, a phone call at any point does not count.

The act specifies that to reset the 6 years any acknowledgement/payment of the debt MUST be made by the debtor (or appointed agent).

It also species that any acknowledgement must be IN WRITING and SIGNED by the person making it.

Phone calls can never ever count.

Furthermore, that act also explicitly and clearly states:

"a current period of limitation may be repeatedly extended under this section by further acknowledgments or payments, but a right of action, once barred by this Act, shall not be revived by any subsequent acknowledgment or payment."

In other words, once the debt becomes statute barred in stays that way permanently. No matter what you or they may subsequently do.

[righty]

Re: 9-10 year old aktiv capital debt

Doesn't matter one jot what efforts they may have made or claim to have made.

The only action by a creditor that can stop the 6 year period running is issuing court proceedings. No other "action" counts, and it is such legal "action" on the expiry of the six years that is then barred.

A creditor can send you a letter asking for payment every day of the 6 years, but that will not stop the debt becoming statute barred.

As far as acknowledgement and payment goes, a phone call at any point does not count.

The act specifies that to reset the 6 years any acknowledgement/payment of the debt MUST be made by the debtor (or appointed agent).

It also species that any acknowledgement must be IN WRITING and SIGNED by the person making it.

Phone calls can never ever count.

Furthermore, that act also explicitly and clearly states:

"a current period of limitation may be repeatedly extended under this section by further acknowledgments or payments, but a right of action, once barred by this Act, shall not be revived by any subsequent acknowledgment or payment."

In other words, once the debt becomes statute barred in stays that way permanently. No matter what you or they may subsequently do.

Agreed but the debtor when making any payment must be aware that the debt is time barred & if not they can claim it was a mistake & that the payment(s) was/is undue enrichment