Possible statute barred debt

owenmonicapeter

My husband had a car on finance, taken out in 2002, the car was returned voluntarily in 2003 to be sold by the finance company.


The shortfall was approximately £1500 apparently but we never received any paperwork to confirm this despite asking them repeatedly.


We paid about £15/£20 a month for a few years, which I think was up until 2005/2006 but they reckon it was 2008 (unsure of the month)


We have not acknowledged the debt and suspect it is statute barred but they still write to us every couple of months, usually stating we owe £4000 but will reduce it to £1200 or something like that.


Is there a way of finding out? I am just worried that if I have my dates wrong, they could all of a sudden take us to court and as we handed the car back, I would want to know exactly what we owed instead of the random figures they keep throwing at us.


The original finance company was forthright finance, it is now with aktiv capital and they are saying they are going to pass it to Mackenzie hall if we don't pay by april 27th.

fatbelly

Have you put it to them in writing that it is statute barred?

Did you get the 2008 date from them in reply to that letter?

Did they show you their evidence for that date?

I think those three questions will show you how I would recommend tackling this one. Sample letter(s) here:

https://forums.moneysavingexpert.com/discussion/2606811

Your debt is with the bottom enders now and given their offers of 30% settlement it is sounding like a statute barred debt. The best way of finding when you made the last payment is your own records, as the 2008 date may well be an invented one.

P.S. Mackenzie Hall are nothing to be worried by.

sourcrates

Judging by the large discount they are offering you, chances are they know its SB, if you get sick of the letters just write back stating you believe the debt to be SB, its then up to them to prove it isn't.