Advice please old debt affecting mortgage

mickster1978

Hi i am looking for some advice regarding a debt i had and am worried that if i am named on the mortgage the company may get a charging order and make us sell the property.

I had a car on HP in 2006, and long story short it was a shed. So i refused to pay. British Credit Trust (finance company) called me to ask where the car was, and i gave them the address of the garage. They then collected the car from the garage, and i heard nothing since. Nothing was on my credit file, and i was not given any notice of CCJ action.

So over 7 years have passed and im about to buy a house with my girlfriend, and i received a letter from a company called Mackensie Hall asking for £10060.22 for a debt from British credit trust.

Sorry its long winded but can i ignore this, or can they get an order if the home was in joint names.

Any advice would be greatly appreciated.

thanks

kingstreet

If you have not been contacted, nor acknowledged the debt in the last six years (five years in Scotland), it is now statute-barred, so you can safely ignore it.

If nothing is visible on any of the three versions of your credit file, you should be fine.

mickster1978

thanks for this advice.

so i can sign without worrying that the house cant be touched as the debt will be statute barred.

im made up thank again

amnblog

IHTM28384 - Law relating to debts: statute-barred debts

If a lender allows time to pass without receiving any payment an action for recovery may become barred.
Under the Limitations Act 1980 the time limits are

• in simple contracts, 6 years
• in contracts under seal, 12 years.

If the debtor acknowledges the debt in writing or makes a part payment within the original limitation period, then the time limits start to run again from the date of acknowledgement or the date of payment.

McKneff

mickster1978 wrote: »

thanks for this advice.

so i can sign without worrying that the house cant be touched as the debt will be statute barre

im made up thank again

Stop worrying :j:j:j