Statute Barred Car Finance been sold on

scattykat

Sorry if this is in the wrong place.

Hi, my partners ex got a car on finance. She refused to pay for the car so Marlin Financial services got in touch with my partner to chase the debt. After 6 months of hell the debt was statute barred. We have this in writing. Now today my patner has had a call from Mackenzie Hall saying Marline have instructed them to chas the debt. My partner laughed and said well you can try it is statute barred and i have proof. So now we have to send them a copy of this proof.

Is this legal, we went through a bad time sorting this out and me being 6 months pregnant i really don't need the stress.

Thanks

vax2002

Do you mean 6 years ?
lets have some FACTS, we dont do tales:
When was the finance applied for Date Month Year
when was the last payment made by anyone Date Month Year

scattykat

The debt was from 2003, last payment was 2004, it took 6 months after a lot of asking for paperwork etc for them to admit it was statue barred

Heyman_2

scattykat wrote: »

Sorry if this is in the wrong place.

Hi, my partners ex got a car on finance. She refused to pay for the car so Marlin Financial services got in touch with my partner to chase the debt. After 6 months of hell the debt was statute barred. We have this in writing. Now today my patner has had a call from Mackenzie Hall saying Marline have instructed them to chas the debt. My partner laughed and said well you can try it is statute barred and i have proof. So now we have to send them a copy of this proof.

Is this legal, we went through a bad time sorting this out and me being 6 months pregnant i really don't need the stress.

Thanks

Errr...no you don't. It's up to them to prove that it's not Statute Barred, not the other way around.

There are template letters here that you can send to them to put a stop to this kind of communication if the debt is indeed statute barred as you say, but don't be sending them anything that they can doctor or otherwise use against you. Prsumably the debt was also in your Partner's name if they are chasing her?

You might be better posting on the Debt Free Wannabe board as there are regular posters there who deal with this sort of thing all the time.

KingElvis

As you tell one lot of debt collectors that it's SB, they will stop chasing you and just pass / sell the debt onto another lot.....who will then chase you.

The debt is always "there", it just can't be collected in court.

I would ssume that it could go on for ever or until you run out of debt collectors.

vax2002

Best advice I give is .....Just Ignore them

scattykat

Ok, thanks. So i need to send off a letter. Marlin have given MH my partners phone number so do i need to send anything for that to stop the calls.

vax2002

They wont stop contacting you , until YOU STOP contacting them and they get fed up and move on.
All you do is put yourself on the hooked fish list again and again.
have some music ready and if they call, just say you will try and find the person they need to speak to and put them on hold whilst they pay the bill and listen to a few tracks, death metal works well, then if they are still there say sorry you have been unavailable to find them and ask THEM to call back and do the same again and again and again until they get fed up.
Learn to play the game, 2 can play silly beggars.

They KNOW your debt is barred, thats why they bought it

KingElvis

Or pretend to be Kenneth Williams down the phone at them....Ohhhhh Matron

Or if you feel in the mood, do a selection of 80s hits.

scattykat

Thank you all for your help. Think is best to just change his number and ignore them

Tixy

Either just ignore them - or send them a version of this letter and report them to the OFT and trading standards - http://forums.moneysavingexpert.com/showpost.php?p=34906247&postcount=4