Advice about a statute barred debt please?

the_pazza

Hi im looking for a bit of advice please..

after moving into a new home i rent from a letting agency i started getting letters from a company i had finance from in 2002, I got into financial problems shortly after and the car ended up getting repossessed and i was chased for the outstanding balance but ignored all thier letters and when i moved i heard nothing until earlier this year... I downloaded a statute barred letter from this site and posted it off last week recorded delivery and was wondering if anyone can advise me to what happens next?
the debt is definately over the 6 year period of any contact or aknowledgement of the debt from me.
Also i checked my credit file and they have been putting defaults againt me for the last 4 months and wondered if these will stay on file now?

thanks for your time and any advice would be appreciated

anniecave

did they get a county court judgement against you?
what date was the car repossessed? (that will probably count as the last date of contact unless you paid anything to them after that)

naijapower

Also, what date was the default registered on your file when you checked recently?

the_pazza

hi thanks for your reply,

i think a ccj was put againt me but its not on my file now as it would be 6 years by now?
the car was repossessed in the feb 2003, it was taken away from my property when i wasn't there.

mark

the_pazza

sorry i meant to say the last default was placed on the 1st april this year and it was showing 4 in total so i suppose the 1st one was jan 1st?

naijapower

You stated they have been putting defaults for the last 4 months? Did you check the dates they were registered?

the_pazza

all it said on it was the last time the file was updated was on the 1st of april so i gather it started the 1st of jan around the time i got the 1st letter from them?

fatbelly

the_pazza wrote: »

i think a ccj was put againt me but its not on my file now as it would be 6 years by now?

If that's the case, then it's not Statute Barred

The Limitations Act gives a creditor six years in which to take court action.

If you're not sure whether they gained a ccj, then you should check the Registry trust - £8 fee unfortunately.

If there's no ccj, then they're out of time and the debt is statute barred

the_pazza

doesn't the fact i haven't had any contact or aknowledged the debt for over 6 years matter? i thought a default wasnt a court ruling as well?

the_pazza

also the only contact they have had from me was the letter last week,
mark

anniecave

You need to get the date of the CCJ to check there was one or not. It takes a while to get a CCJ as well, and undoubtably they would have chased you for a while months first and possibly sent it out to a debt collection company as well before it got the CCJ stage.