9-10 year old aktiv capital debt

[furryfeet1690]

Re: 9-10 year old aktiv capital debt

I received the same letter as Tommy, stating that i owed £700 on behalf of GE Capital. They got my details from public database, blah, blah.

The debt could possibly be from when i lived with my ex girlfriend over 8 years ago. It was that long ago i cant remember. But what i can remember is that i have no other debt. However, I had contact from them about 2 years ago chasing for the same amount so i called them (number withheld) and told them that i have no idea where they got their information from but they were chasing the wrong person for the money.
They said they would go back and check their records......that was 2 years ago.

At no point have i acknowledged that the debt is mine. Any suggestions how i should handle this?

[Curlyben]

Re: 9-10 year old aktiv capital debt

If this is their first letter, simply file it under Ignore as it maybe a phishing exercise.
Seems it Zombie Debt time of year again.

As and when they contact you again fire off a simple Prove It letter as found in the first link in my siggie, post #4.
No need for anything else at this stage.

[Nibbler]

Re: 9-10 year old aktiv capital debt

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

Do you have a link to where someone has successfully claimed back payments in such a case?

[pfloyd]

Re: 9-10 year old aktiv capital debt

Do you have a link to where someone has successfully claimed back payments in such a case?

There isn't one that I'm aware of.

The Limitation Act 'bars the remedy, but not the right'.

This means that a creditor is still lawfully due their money, it's just they cannot use legal action (if challenged) to recover the sum any more.

(Ronex Properties v John Laing Construction [1983] QB 393, 404)

[Nibbler]

Re: 9-10 year old aktiv capital debt

There isn't one that I'm aware of.

The Limitation Act 'bars the remedy, but not the right'.

This means that a creditor is still lawfully due their money, it's just they cannot use legal action (if challenged) to recover the sum any more.

Which is I've always read it.

[righty]

Re: 9-10 year old aktiv capital debt

Which is I've always read it.

maybe but

"In some circumstances unjust enrichment is the appropriate remedy when a formally executed agreement has been ruled unenforceable due to incapacity, mistake, impossibility of performance"

[Nibbler]

Re: 9-10 year old aktiv capital debt

So again, any example where such monies paid outside the limitation period have been claimed back?

[righty]

Re: 9-10 year old aktiv capital debt

There are many instances where litigants have been refunded money paid but I doubt there are many instances involving unfunded LiP's

In the meantime why don't you Google 'undue enrichment'

[Nibbler]

Re: 9-10 year old aktiv capital debt

There are many instances where litigants have been refunded money paid but I doubt there are many instances involving unfunded LiP's

I don't doubt, but are there any examples where monies have been refunded on statute barred debts?

In the meantime why don't you Google 'undue enrichment'

I have, and as yet have found no evidence that it is applicable to a case such as this.

[righty]

Re: 9-10 year old aktiv capital debt

I don't doubt, but are there any examples where monies have been refunded on statute barred debts?



I have, and as yet have found no evidence that it is applicable to a case such as this.

OK then search some of the 'other' forums where I'm sure you find evidence

[Nibbler]

Re: 9-10 year old aktiv capital debt

OK then search some of the 'other' forums where I'm sure you find evidence

I have, and have found none yet.

Which is why I was asking you have to back up what you say regarding the application to payments on already statute barred debts?

[Tommy]

Re: 9-10 year old aktiv capital debt

Had two nice letters from Aktiv Kapital today, both identicle bar reference numbers...

We refer to your recent letter regarding the above account.

We have investigated the issues raised in your letter, and can confirm that legal action on this account would be statute barred under the Limitations Period. We have therefore taken the decision not to pursue this matter any further.

We can confirm that the account is now closed and you should receive no further contact from us with regards to this matter.

Please contact us if you have any further queries.

Wow it realy works, thanks ben!!

Yeah and i have a query... why the hell could they not accept my telephone call to deal with this instead of destroying a tree and supplying a weeks worth of toilet paper???!!!

[Curlyben]

Re: 9-10 year old aktiv capital debt

Frame it

As I always say, EVERYTHING in writing..

[Nibbler]

Re: 9-10 year old aktiv capital debt

Excellent.

[righty]

Re: 9-10 year old aktiv capital debt

I have, and have found none yet.

Which is why I was asking you have to back up what you say regarding the application to payments on already statute barred debts?

Payments made AFTER limitation expires DO NOT restart the clock. Payments made BEFORE do

Debt Factsheets - Liability for Debts and the Limitation Act