old black horse loan please help!!!!

oldnewstudent

hi
i''m looking for some advice, my other half took out finance with black horse on a motorbike just under 10yrs ago, we defaulted several times and didnt manage to get back into a regular payment. We have had contact now and again from them and offered to pay what we could afford but it was never enough for them and the declined our offers. They have now passed it onto collections after about 4 yrs and they want to declare my o/h bankrupt. I'm just wondering if they can enforce the debt after so long. Any advice gratefully received.

morgani

There are a few options you have.

Firstly you need to write and ask for the original siged Consumer Credit Agreement. If you search theforums there is a template around somewhere. The Debt collection agency has to have this to be able to enforce collection.

Unfortunately as you have corresponded regarding the loan then you will not be able to claim a statute bar. This is available of loans over 7 years old. However you may fail on this if they have proof you have agreed the loan is yours. The statute bar means that basically you have the choice to pay or not.

I would suggest writing requesting the signed CCA and see how you get on. Ensure you do not sign the letter as the debt cllection agencies have been known to transfer your signature to a CCA.

Best of luck.

CLAPTON

be more precise

if you haven't paid anything for 6 years then its statute barred

petermb_2

Do these vipers, the collection agencies really do stuff like copy signatures and stuff? I think it is time that the claims companies turned some attention on these grasping swines.

My view is if you buy the debt you buy the responsibilities that go with it.