BPO Collections (for Aktiv Capital) Debt from 17 Years Ago

[bobafett]

Hi all,

I recently received a letter from BPO Collections, somehow sent to my wife's parents address (I'm in the BVI) about a dept from Aktiv Kapital. I called up and asked what it was for and they didn't know anything other than that it was a default on an arrangement with a Panasonic Technical centre - needless to say, 17 years have passed and I have no idea what they are talking about. So the question is:

1) Do I need to pay a debt this old?
2) How do I stop them harrasing my in-laws?

Thanks for any and all help!

Bob

[FlamingParrot]

Re: BPO Collections (for Aktiv Capital) Debt from 17 Years Ago

Hi and welcome to LB!

I recently received a letter from BPO Collections, somehow sent to my wife's parents address (I'm in the BVI) about a dept from Aktiv Kapital. I called up and asked what it was for and they didn't know anything other than that it was a default on an arrangement with a Panasonic Technical centre - needless to say, 17 years have passed and I have no idea what they are talking about. So the question is:

1) Do I need to pay a debt this old?

In a word: NO!

Giving that the limitation period in England is 6 years, this is well and truly STATUTE BARRED.

2) How do I stop them harrasing my in-laws

Send them a letter stating it's SBd:

Dear Sirs

Re: Statute Barred Account reference: xyz

You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I would point out that under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".

I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period". The last acknowledgement to this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any action against me to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment". I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.I look forward to your reply.

Yours faithfully,

[bobafett]

Re: BPO Collections (for Aktiv Capital) Debt from 17 Years Ago

Many many thanks! That's perfect. Do you think I should add this line in to ward them off my in-laws property?

"Additionally, I hereby inform you that the address you have sent the letter to (and presumably have on file) is the address of my wife’s parents in the UK – not mine – and any visits by BPO staff or persons representing BPO will be regarding as trespassing."

[bobafett]

Re: BPO Collections (for Aktiv Capital) Debt from 17 Years Ago

Hi everyone, I really appreciate the help so far - before I send the letter I was just wondering what the general consensus was on adding a line to try and keep the BPO bods away from my in-laws house, any thoughts:

"Additionally, I hereby inform you that the address you have sent the letter to (and presumably have on file) is the address of my wife’s parents in the UK – not mine – and any visits by BPO staff or persons representing BPO will be regarding as trespassing."