Statute Barred Query

[gonchuk]

Hi Guys

It's been a while since I posted about my problems with Aktiv Kaptial (Egg account). Rather than bump the thread, here it is here - Is This CCA Enforcable? - allaboutFORUMS

To cut a long story short, I have never acknowledged the debt and have always used the templates on here to fend them off - it had been quiet for nearly a year as I had moved (save for some threats from Equidebt about the same debt, which I ignored). On the 10th August, the debt became SB and on the same day (coincidentally?) I received a letter from AK wanting to discuss the debt (similar to the very first letter they had sent)

Now I want to use the SB template Our Templates | Unenforceability Templates | Statute Barred - England (6 years) to get them off my back (for good hopefully) but I'm a bit concerned about the wording in the template

"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."

I have made written contact to Aktiv Kapital but never to acknowledge the debt (only to deny, request CCA etc). Does this wording cover this or should I change the wording to something along the lines "Unless you can provide evidence of payment or written acknowledgement of the alleged debt"? I don't want to leave myself open to any attack from them!

As always, your help is greatly appreciated!!

[Never-In-Doubt]

Re: Statute Barred Query

Hi Guys

It's been a while since I posted about my problems with Aktiv Kaptial (Egg account). Rather than bump the thread, here it is here - Is This CCA Enforcable? - allaboutFORUMS

To cut a long story short, I have never acknowledged the debt and have always used the templates on here to fend them off - it had been quiet for nearly a year as I had moved (save for some threats from Equidebt about the same debt, which I ignored). On the 10th August, the debt became SB and on the same day (coincidentally?) I received a letter from AK wanting to discuss the debt (similar to the very first letter they had sent)

Now I want to use the SB template Our Templates | Unenforceability Templates | Statute Barred - England (6 years) to get them off my back (for good hopefully) but I'm a bit concerned about the wording in the template

"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."

I have made written contact to Aktiv Kapital but never to acknowledge the debt (only to deny, request CCA etc). Does this wording cover this or should I change the wording to something along the lines "Unless you can provide evidence of payment or written acknowledgement of the alleged debt"? I don't want to leave myself open to any attack from them!

As always, your help is greatly appreciated!!

Written contact can affect SB depending on wording but as you've correctly pointed out, just delete that part.....

so delete the "or written contact" & "or written acknowledgement of the alleged debt" part from the template however be very careful, I would wait at least 2 weeks prior to sending anything JUST in case you have your dates wrong.....

Not much they can do, so ignorance is always an option here