Tweet
OK, today I received a call from a DCA (Buchanan Clark & Wells) - as I wouldn't talk to them over the phone I'm guessing but I suspect that this is in relation to our old friend Aktiv Kapital. Let me give you a bit of background...
In 2002 we started getting calls and letters from Aktiv Kapital regarding an alleged debt of £575 relating to a "Principles for Women" card (run by GE Capital) which my Wife had paid off in 1999/2000. They stated that there was already a Judgement against us. Not knowing at the time about the ways to fight it, we simply denied the debt and told them to find some form of substantiation for it as we didn't believe it was owed. It turned out (in the period 2002-2006) that (a) they had a valid CCA but the credit limit was £300, (b) the card had been paid off in full (we found this from OUR records), (c) GE Capital had NO records of the account left in their systems, (d) there was NO proof of the amount, and (e) the Court paperwork had been served on an address that was known by them to be incorrect - so we had no knoweldge of the case.
Last year, we not only successfully had the Judgement set aside, but the whole claim was summarily dismissed as being out of time for service. We stopped hearing from Aktiv Kapital at that point (Set Aside was granted last November).
My question is, having NEVER acknowledged the debt, even while there was a Judgement against her, and it being from a card last used in 1998/1999, is this matter now Statute Barred? I assume that with the original Claim being dismissed, the Court will now see the whole matter as never having happened; in which case we're in the clear... but I want to be sure before I have to respond to the first letter. If it is not statute barred, we have the fact that we don't owe the money to back us up; however we would probably need Trading Standards to write to them and explain the matter in words of one syllable to get them off our backs.
Of course, I may be completely wrong and it may be something else; however I can't think of anything else which might be lurking in the background.
Thanks guys!
In 2002 we started getting calls and letters from Aktiv Kapital regarding an alleged debt of £575 relating to a "Principles for Women" card (run by GE Capital) which my Wife had paid off in 1999/2000. They stated that there was already a Judgement against us. Not knowing at the time about the ways to fight it, we simply denied the debt and told them to find some form of substantiation for it as we didn't believe it was owed. It turned out (in the period 2002-2006) that (a) they had a valid CCA but the credit limit was £300, (b) the card had been paid off in full (we found this from OUR records), (c) GE Capital had NO records of the account left in their systems, (d) there was NO proof of the amount, and (e) the Court paperwork had been served on an address that was known by them to be incorrect - so we had no knoweldge of the case.
Last year, we not only successfully had the Judgement set aside, but the whole claim was summarily dismissed as being out of time for service. We stopped hearing from Aktiv Kapital at that point (Set Aside was granted last November).
My question is, having NEVER acknowledged the debt, even while there was a Judgement against her, and it being from a card last used in 1998/1999, is this matter now Statute Barred? I assume that with the original Claim being dismissed, the Court will now see the whole matter as never having happened; in which case we're in the clear... but I want to be sure before I have to respond to the first letter. If it is not statute barred, we have the fact that we don't owe the money to back us up; however we would probably need Trading Standards to write to them and explain the matter in words of one syllable to get them off our backs.
Of course, I may be completely wrong and it may be something else; however I can't think of anything else which might be lurking in the background.
Thanks guys!
Comment