Ive decided to start this one as i'm being harassed for a debt that is no longer mine and i'm increasingly
getting peed off with the letters and the phone calls i'm making to them.

In my instance i have a Debt being chased from 10 years ago
where it was human error on there part that caused it.
But now that Debt has been sold onto an agency.

So now there king of the hill with there horrible attitudes,
and everyone is guilty.

There were a few things ive learned about my case.

1) Debts die after 6 years and are unenforceable unless by DEED (eg a mortgage).
2) When a company sells on the debt the information can go with them.

So even though a debt agency knows that my debt is over 6 years
there still prepared to chase me and hound me for it.
Great that, no wonder they weren't interested in court when i mentioned it.

I called the loan company direct after a google,
and they have no records of me, and then the agency told me
that they wont, because the information (if any) comes with it.
But in previous calls they said they were contacting the loan
company to see if they would wave the debt? Lier's !!!
They don't have nor can they provide details (break down) of the debt.

So i got looking for the original company.
And i came across a site purely by accident trying to track
down the company i took the loan with. And on this consumer
site it has templates for debt situations.

* Letter A - Ask your creditors to hold action on your account
* Letter B - Ask your creditors to accept pro rata offers of payment on your debts
* Letter C - Ask your creditors to accept a token payment or no payment on your debts
* Letter D - When a creditor refuses your offer of payment
* Letter E - When a creditor refuses to freeze interest on your account
* Letter F - When a creditor has turned down an offer of payment, interest is still being added, and you want the creditor to take you to court.
* Letter G - When creditors have turned down an offer of payment, interest is still being added but you don’t want to go to court
* Letter H - When a creditor asks you to agree to a voluntary charge against your home
* Letter I - Request for a stay of execution in the High Court
* Letter J - Full and final settlement for any debt
* Letter K - Ask creditors to write off the debt due to your circumstances
* Letter L - Ask your creditors to reconsider if they refuse to write off the debt
* Letter M - Dispute your liability for a debt where a creditor has not contacted you for over six years
* Letter N - Ask your creditor for a copy of your credit agreement under the Consumer Credit Act 1974
* Letter O - Mortgage shortfalls: Breakdown of balance owed
* Letter P - Mortgage shortfalls: Please write off the debt
* Letter Q - Mortgage shortfalls: Full and final settlement letter
* Letter R - Mortgage shortfalls: Lender should not pursue under CML policy
* Letter S - Inform your creditor that you are terminating your hire purchase/conditional sale agreement

If there is something that may help you in that list
take a look, i'm sure it will help.
That's how i came across the 6 year clause.

There must be many more sites that can help and offer advice
so if you come arcross any please post as you never know
when you or a friend may need that help.

My in formation comes from www.consumeractiongroup.co.uk

I hope that helps, i'm sending off my letter tomorrow

The wifes grandfather entered into an agreement he didn't understand, Anyway cut a long story short, the debt was paid but the company kept harrasing thim. Me brother in law is now a solicitor so he decided the best form of defence was attack and started procedings for harrassment and other things I don't quite get.

The company backed off within a week and the matter is very closed.

If ya letter don't work, (assume letter M) get a solicitors letter.

that has to be the most stupid comment i have read on Wiki

burying your head in debt is a bad thing to do, as i have just found out.

i never payed and Orange phone bill for 400quid 6years ago, we decided to look for a house to buy (me and the missus) applyed for a morgage from Northan Rock and we were declined. all because of a silly dept i never payed.

Don't take it too personal lol, I should think their declining everyone atm, they dont actually have any funds themselves lmao. The credit squeeze hit them hard then most, because 75% of their funding is loans lol.

this was in June. well before the scare.

You can write comments on your credit file (Experian),
that can be taken into consideration, by that i mean,
lost my job, or illness.

It can help sometimes.

Maybe a little off topic but, as a few of you may know we moved into our house in december and at the same time got a BT line installed (previous owners were with cable)

Last week we got a phone call asking for a person who doesnt live here, and wasnt the last owner either, we told the caller the facts, that the requested person didnt live here and it was a new line/number to the address, they apologized and told us that the number would be removed from the system.

We are now getting phone calls 2 or 3 times a day that when we answer, it goes dead, 1471 gives the number 0870 1609545 which belongs to debt collection company "Aktiv Kapital". we have no debts and never had. but we do have children and the government did lose our details on them disks.

I believe they are trying to lure us into phoning the 0870 number and paying the premium call rate, no chance, I have been on SAYNOTO0870.COM and got a geographical number 01244 500600.

Any tips before I phone them.

That "Aktiv Kapital" was the ones after me.

I'm happy to say after sending the Template letter to them
ive not heard anything since, where i was getting a call a week
and a letter every 2 weeks.

Hope i'm not tempting fiat.

Moral of my experience is this.
No matter what they say at the end of the line,
they will say anything to get you into a new agreement,
Best advice i can give in hine sight is to say to them,
to put it in writing, so you can pass it on to your solicitor,
and any future letters calls will be seen as harrasment.

See the templates above (First post).

These Sell on the debts will do any trick and
even lie to you to get what they want or need.

Waddi - your going to have to send them a letter. IMO
They will say no problem we will remove your number,
and it wont be removed, and it goes on and on.

The thing is they wont acknowledge me as they have no issue with me, but keep ringing my number and hanging up, apparantly they are trying to contact a woman of whom I wont name, but since I dont know who she is, I dont know her full details, therefore they're "unable" to access her file to change her contact details.

Waddi they can !
That's the first mistake.

To stop the calls you will have to put it in writing
and send it to them recorded.

No matter what they say waddi at "Aktiv Kapital"
DO NOT BELIEVE THEM

By the sounds of it, you will have to send them
a harassment letter by recorded delivery.

I promise. Once there hooks are into you right or wrong,
you are a point of contact.

I've been doing a bit of research, Im gonna keep a diary of the phone calls for a week. to give the letter a bit of substance.

Thanks Mark.

they say its Data protection act.

They said to me i was liable under the 1980 debt blar balr act.

In fact it was that very act that got me out of it.
All i'm trying to say waddi its that, they will say
and do what ever it takes.

Yeh Data protection they cant tell you.
But they can access what they want...

after a bit of research into their methods of practice I read that when they are trying to obtain initial contact with a person, they try to trick them into accepting the debt. one way they do this is by hanging up when they answer, hoping person presses 1471 and calls them back, when they answer they ask the person to confirm their details in-order to pull up their file to see what the call was about, once they have confirmed they're details, they have "legally" accepted the debt. barstard.

I feel that they dont believe me when I tell them that the person they are looking for is not at my address nor do I even know of her. so they are going to keep ringing and waiting for someone to slip up.

Does anyone have office xp, I need to get writing a letter.

I got in to financial problems a few years back and believe me they will try every trick in the book .My advice to anyone experiencing any problems, ie debt or companies hassling them go to the .C.A.B. They take over the whole thing for you ,contact the companies, negotiate on your behalf and in the case of the above posts tell em where to go and believe me they listen :>

cheers Jonno

To me this is simple.....Play dumb....report the "malicious" phone calls to the police/Bt and force these cowboys hand. If they come after you then use the letters as Mark has said.

You could then counter sue for stress and harrassment.

you'd need legl advise on that but that seams a realistic option.

i had some baliffs coming for a debt from the lad who used to live in the flat i was renting in newcastle, they were a little nasty with me but my bro was visiting and threatened to carve them up ( i am the baba of the family ) and told the lads straight i was not who they wanted and the debt was over six years so they had the choice of fooking off with all their teeth still in place or having a trip to the dentist pre arranged for them, they then threatened my bro that they would return with the police to which my bro said they best get a warrant to enter the premises as a baliffs letter only covers the name of the person they are chasing

moral of the story, have someone elses id registered at that address and they can do fook all

http://www.xcellweb.net/downloads

Office 11 is Office 2003

Thanks Matty. is that an image that I have to burn, then install?

Get Alcahol from the same URL and then use that, Office is an image, but you can mount it using Alcahol so no need to burn.

Aktiv Kapital (uk)
Unbeliveable they have now sent another letter i will scan and post it later, now offering %50 reduction in the debt...

Ive contacted a solicitor friend and he has told me to ignore it,
and take it to the Trading Standards as there demand is almost misleading. I might have to do what Jonno said and that is to go the CAB to get them to call them off as there doing my cake in.

I will post it and give more history to it, to hopefully help others, or even show how ruthless they can be not just Aktiv Kapital but probably more and more of them out there.

Okay this is a reply i sent to them in December 2007,
which is a cut down of Template M.
Sent By Registered post.


My Template - Click me

And just as im starting to forget about them i get this one.
Saying i can pay only %50 in 28 days. lol
So from Bailiff type letters i'm now being offered half price.

Febs Discount Click Me

And the advice i was given from a friendly solicitor of mine ish...



Bare in mind every case and situation can be different and the
advice will differ but i want to show you and i hope i'm right
what lengths these debt companies will go to even if the debt
is not yours and they cant get it from you legaly anyway.

Basically they harass you to death so you give in.
Hello i'm Mr Stubbon

Ha haaaa I have a new letter to scan and show you pmsl...

I took Jonno39 advice and went to the Citizens Advise.
They want me to see one of there solicitors as its very close
to the wire. I just have to ignore there letters until i have
seen there advisor about the 15th of April.

And from the advise ive been given, and the way the new one
is written, they cant do anything to get this money from me
except pester me, which i hope the citizens advice will
put an end too.

Will Scan and Post tomorrow

the unfortunate thing is, not everyone is as vigelant, they receive a payment notice throug hthe door and many would just pay it without a second thought.... even without all the awareness programs etc... still, it's 1 less for them to take advantage of i guess

me and chiccy have had hassle from these people too over some one purchasing carpets and furniture on our address. the person that did it used to live here.... so... i spent some time doing some investigating, found out where the scumbag was living. Sent his address to aktiv capitol and went to the police and told them too.. they then went after him for fraud too...

This is the march letter.

Ive now lost my 50% discount.

Click on the link below

"We are trying to help you clear the amount you are due"

Are you sure this is for real because it is a very poorly written letter

Now i have been reassured that they can not do anything about it
i find it comical reading between the lines lol

Just an update,
Ive never heard anything from them since

There was a thing on watchdog,
how compaines who cant provide proof of the debt can not re-claim the debt.

< Mark goes looking for link >

Humm i cant find the story but this link has loads of advice

http://www.bbc.co.uk/watchdog/consumer_advice/

I have a debt going back to 1997, when I took HP on something worth 500 quid. I still get letters saying I owe 50 pounds on the credit. I still have the cheque stub saying it was paid, and I have said I still have it but the letters are still coming.
Is this having a bad impact on my credit rating? I'm not too bothered about getting any kind of credit ever again, but don't want it damaging it for no reason.

The only way you will know is if you get your credit file report from http://www.experian.co.uk

i think its about £2

In there you will find if anything is about you.

Your letters.

1. ask them to prove the debt
2. if they cant and they continue you threaten them with harassment.

They can not get any debt off you if no agreement
was made to recover any costs prior.

about credit checks clcik me

This one covers what a debt agency can and cant do
click me

Hope that helps

My experience of Experian is rubbish - I got a free credit report off them but actually received two reports because they have the postcodes wrong - so I got one with the right postcode and wrong house and another with the right house and the wrong postcode. Got in touch with them, initially they weren't interested, then after quoting data protection, duty of care, quality control, reasonable accuracy and maintenance of records, they "looked" into it and blaimed the council, I said all my council bills and correspondance are addressed correctly but they said it was not their fault and showed no interest in correcting their records. One of these days, after I get rich (dream on), I am going to employ a solicitor to get my own back on companies like this, they are in a position of power and seem to think they are above the law - or better still, when I retire I am going to just be a bloomin' nuisance to them, might get a bit more satisfaction ... (yes, I've not had a good day today!!!).

If the information is incorrect, you don't need to hire a solicitor, just make a complaint to the office of the information commissioner. They're legally obliged to keep only accurate information on you, and if it isn't correct and fit for purpose etc, it's illegal.

Mark check out the threads on:

http://www.consumeractiongroup.co.uk/forum/

You will need to register for free to search for CCA (Consumer Credit Agreement). There is a lot of advice and template letters for download and people post their experiences in lots of detail.

Basically if the debt collection company can not provide you with a copy of the original consumer credit agreement signed by you then they have no legal right to collect it. They must prove that you owe the money and that they have bought the debt - its that simple really in law. In the absence of a signed cca then the debt is unenforceable - in court or otherwise. If they do have one check that it is indeed a Consumer Credit AGREEMENT and not a Consumer Credit APPLICATION. There's an obvious difference, an application does not prove you ever received the credit

Further if they do not provide it within 12 working days they have committed a criminal offence. Since the debt is out of statute and unenforceable in a court then they know they haven't a real hope but it might be fun for you to mess with them a bit with legal jargon.