mrstella0:Do not answer the door. Send the same letter that huckster pointed you to to Meritforce. If you do answer the door, refuse to answer all questions in relation to the debt.

Additionally important; if you do answer, do not let them into your property for whatever reason they may give, once you have invited them in they have gained peaceful entry and can take, "walking" possession of your belongings..which means they can itemise, record and estimate the value of your goods.

Doorstep collectors have no legal right to enter or stay on your property uninvited, even the paper delivery boy has more rights.

If you open the door inadvertently, tell them you want them to remove themselves from your property boundaries immediately, otherwise the Police will be called.

irishboy - If I speak to them does that mean the debt can be reinstated if it is time barred?

No it does not.....but don't speak to them acknowledge or offer anything, everything in writing only. - No law of this land obliges you to speak to doorstep collectors, in much the same respects as a Jehova's witness...in fact I would sooner speak to a Jehova's witness.!!

...................................................... ...............................................

You may also send Meritforce this notice by recorded delivery, as it will strengthen any futue harassment case that you may wish to initiate.

Name, address & date.

Dear Sirs,

Account No:

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me over the past few weeks and these have been duly logged by time and date.

Furthermore, should it be your intention to arrange a “doorstep visit”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

There is an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

Yours faithfully (print name)

Hi All

Just received a letter today from a company called meritforce.

They say that they have been instructed by Mackenzie Hall to collect a debt relating to the second credit card mentioned and that they will be calling at my house within 10 days.

What do I do or tell them when/if they come?

If I speak to them does that mean the debt can be reinstated if it is time barred?

Hi

Yes these accounts are almost certainly statute barred. This link is for the insolvencyhelpline page on this topic and includes an example letter you should send these companies by recorded delivery.

http://www.insolvencyhelpline.co.uk/debt_factsheets/liability_for_debts_and_the_limitation_act.php

Aktiv Kapital have been actively buying statute barred debt for sometime now. They can chase for it, but once they have been sent this letter, they should leave you alone. The OFT does not allow you to be hassled by these companies, once you have advised them. Even the Credit Services Assocations that speaks on behalf of the debt companies has recently warned them that they should not harass people, once statute barred has been brought to their attention. This is the CSA page on this subject. http://www.csa-uk.com/csa-news/6/statute-barred-debt%E2%80%A6-to-collect-or-not-to-collect-that-is-the-question

The letter you have received from CCS collect is not compliant with OFT guidelines. They should know the debt is statute barred and they cannot take this matter to court.

You may wish to check your credit record, just to make sure that they have not added markers or made searches affecting credit rating. As the debt is statute barred it should not be noted on your record and they should not make any search which affect your credit rating. Both Experian and Equifax offer free trials.

Huckster

Nb. A relative of mine had a 10 year old debt bought by Aktiv Kapital, chased by Scotcall. As soon as statute barred was mentioned, they dropped the matter.

Hi All

I have just received today two statements of accounts from Aktiv Kapital for debts relating to two Barclay cards. The first is for £6625.44 and the second for £9689.10. The date of agreements on both is 15/05/1995.

I defaulted on both accounts around 1998 and have not made payments since.

I also received in the same bundle of post a letter from ccs collect stating

"Our client Aktiv Capital have authorised us to recover the full amount you owe to them as shown above (£9689.10). This is a formal notice of intended court action. We may take this action if you failto pay the total amount outstanding within 7 days.

This problem will not go away and we intend to recover the full amount you owe without delay"

I have not made any payments and not acknowledged any correspondance with regards to these debts.

The letter from ccs only relates to the second credit card.

Do I need to pay or would they be considered as time barred?

I have lived in Scotland since 1996 although when I took out the credit cards I lived in Northern Ireland.

Many Thanks