thanks again, i agree i loathe these companies and their disingenuous tactics. i laughed when i'd hear their robo-calls with intimidating deep voices, little do they know that trying to threaten or intimidate a person of my temperament only makes me more determined not to give in, they would have had better luck being friendly and polite. im only thankful that i'm well aware of the statute of limitations regarding this debt or i would probably be feeling pretty horrible today - now just to protect against any illegal attempts to get at me, which i don't put past these companies at all. in fact before i checked my credit reports my biggest fear was that they faked an acknowledgement of debt to reset the clock, ive been thankful that i escaped that one which some others have suffered from.

no you do not need a laywer to defend it not when your dealing with these clowns anyway. i will message you after and tell you what i said or what i was going to say. (and walk you through how to do it) anyway since they had not noted me in default even after so many months i decided it best to at least file a defence. when i went to the court to file it, i found out since they themselves had not done anything, the court marked it as abandoned. they only have so many days after they sue to do act on it. just heading out to dinner but when i get back i will send you another message. in the meantime, please don't worry about them. i hate these people and love helping people who they have or are trying to take advantage of!!!!! bottom feeders!!!!!!

do i need a lawyer to defend it? do you have any advice if they do send me a statement of claim? how do i 'make a defense'..? I'm new to all of this and I don't expect they will even attempt to bring this to court.. but just in case so I have some idea of what to expect if they do go through with this..

they simply cannot slip a judgement over you. first they must serve you with a statement of claim, you then have 20 days to defend it. if you do not they can go to the court and note you in default and obtain a judgement. the COURT will send you a copy of the judgement if that ever happened so you would be aware of it then. at that point you can apply to have it reversed on the basis you were not served. they served me and i never defended it and they did nothing. in fact the court sent them a letter noting it as abandoned. while they "may" sue you they will not go to court. in fact i was in court funny enough for something unrelated and activ capital was one of the plaintiffs and they never showed up. i chuckled. dont even waste your energy worrying about them!!!!

thanks marcello, I appreciate that. I've kept the letter they sent to this address, as a way of proving that they have the correct address, so they can never pretend that they didn't have it. though they could lie in other ways of course. I'll wait and see I guess.

Oh I won't be paying them a penny, I have never acknowledged this debt for a reason and I feel morally obligated not to give in to bully tactics. If they ever tried to garnish my wages I would quit my job and declare bankruptcy before I gave them a penny. I don't mind if they want to send me letters, or even phone calls, I changed my # after a couple of months just to avoid having to delete voicemails every two days, but otherwise it didn't bother me. Mostly I was hoping there would be a preemptive way to state my legal rights to them in a way that would protect me should they choose to try to slip a judgement over on me.

and no they cannot sue you without you knowing. sure they can try. but they have to file an affadavit of service (which they can lie about of course). if you ever find they have you noted in default without having served you and obtained a judgement all without your knowledge, you can simply file a motion to have it set aside. don't even worry. if that happens you can contact me and i will tell you what to do. keep my contact info. been there done that with another collection agency,. im way too smart for their sneaky tactics.

don't even worry about it. aktiv capital buys junk debt. all they have is amounts and names for thousands of accounts. they bought the account for pennies. if you want to make them go away offer them .25 on the dollar or less.

Yes I was thinking this might be a good course of action until I read this:

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This basically says that they will attempt to serve me court notice at some point, ideally they will attempt to do it in such a way that I will not know of it's existence, removing my option to a defense in court, meaning they will be granted a default judgement. I was hoping I could somehow pre-empt anything like this with a formal letter of some kind.

Simply continue to ignore them and hang up....tell them nothing. You are correct the SOL ran out years ago.
They will eventually move on...there is no commission in ignored calls and letters.