Could really do with some help with a problem loan.

dougy678

Basically iv had some phone calls and letters from a company called BMS (Booker Management Services Limited of Newton Abbot) Any one heard of them?

They are claiming i owe them money for a barcleys loan of £7370
When i checked Experian it said the loan was defaulted on 30/06/2004
It also says the outstanding balence is £6940

The company (BMS) keep threatening to take it to court but nothing ever comes of it.

Can anyone help me with suggesting some options avalible to me.

MyLastFiver

Do you owe the money? Then come to an arrangement with them to pay it back in affordable instalments.

Do you not owe the money? Then tell them to sod off and stop bothering you.

dougy678

I took the loan out when i was young and got made redundant just after i took it out, so couldnt afford the repaymants, but Barcleys wouldnt help me out and drop the monthly payments till i found a job so i never paid it because i couldnt afford it.

Now this company just contacts me every now and again to say they are taking it to court unless a i pay the full outstanding balance in full or very high monthly repayments which i cant afford. I have offered a lower repayment on the phone but they wont accept. Nothing ever comes of the court threats , so im unsure if its a ligate company?

Deep_In_Debt

You could write to them enclosing your Income and Expenditure so that they can see what you can afford?

I'd strongly suggest that you pay what you can afford, regardless of whether they want more or not - they won't reject the payment and may well eventually accept it. Also, it may work in your favour if they do take you to court as the judge will see that you are making every effort to pay the debt off and that the creditor is being difficult.

Ames

I don't suppose you're in Scotland?

fatbelly

They've appeared here before

http://forums.moneysavingexpert.com/showthread.html?t=329835

http://forums.moneysavingexpert.com/showthread.html?t=1440113

http://forums.moneysavingexpert.com/showthread.html?t=1063047

When did you last acknowledge the debt (by payment or in writing; phone calls don't count)? It sounds like this one is close to being statute barred (probably already is if you live in Scotland)

Factsheet | Liability for Debts and the Limitation Act

dougy678

Thankyou for all of your replys and more help will be much appreciated
Thanx Fat Belly i will have a good read of them.

I'm not in Scotland.
6 years will be June 2010.

Iv had no contact with them by letters only phone where they told me i had the loan and they would like paymants of a ridicalous amount.
I said no but did not admit to the the loan being mine as at the time i was unsure who they were and the amount that they were askng was unfamilier to me.

Im unsure if i should try and wait it out?
I pay for everything but for this, as i feel i was not helped when i informed them i couldn't afford to pay.

Tixy

Dougy -I'd suggest you double check the date of your last payment for the statute barred date. If the default was in June you probably stopped paying a few months earlier (often 6m before). So the default date is not usually the relevant date.

Talking to them over the phone does not constitute acknowledging the debt - it has to be in writing.

dougy678

Thanx for your help
I do have a ccj on it so will that still be liable?
So what your saying is it could be written of maybe 6 months before depending on when the last payment was?
Im pretty sure i got the loan in December and last payment i made was the Feburary, so i think it was only 2 payments made in total on the loan.
I have no infomation on the loan so thats why im not 100%, Im trying to remember but i pretty sure im right
I have never contacted them in writing.
Will the ccj ever clear?

Tixy

I'm not expert at CCJs so hopefully someone will correct me if need be.

What was the date of the CCJ on the debt? In this case its obviously less than 6years ago.

Did you get the proper paperwork/court papers prior to them issuing the CCJ? If you have moved addresses did they know your correct address at the time the CCJ was issued?

If a CCJ is more than 6years old a creditor can still chase to try and collect but needs to go to court to do this.

Do you know whether the CCJ was an order to pay in full or pay in installments?

A CCJ will show on your Credit report for 6years. If you pay within the 6year period you can get some form from the court which shows it is paid to get your credit report to show as a satisfied CCJ (which looks better). However whether you pay or not it will disappear after 6years (i think).

What are BMS threatening regarding court? if there is already a CCJ are they threatening that (which obviosuy isn't possible ) or are they threatening to get a baliffs warrant of execution to recover goods from your house? or threatening a charging order (if you own your own house).

Sorry I have asked more questions than given you answers!

fatbelly

Tixy wrote: »

What are BMS threatening regarding court? if there is already a CCJ are they threatening that (which obviosuy isn't possible ) or are they threatening to get a baliffs warrant of execution to recover goods from your house? or threatening a charging order (if you own your own house).

Sorry I have asked more questions than given you answers!

All relevant questions, though, Tixy!

I suspect Barclays got the ccj and BMS haven't realised it!