CCJ, Statute Barred and Mediation advice

Cfranko83

Hello there I would really like some advice on a old debt of mine. Right here goes, I got a car on finance in October 2006 and paid the repayments for 3 months. On January 6th 2007 my partner at the time borrowed the car and accidentally crashed it. Later on i realised her insurance didn't cover her driving the car. At that point I didn't make no payments or acknowledge any letters or phone calls from the car finance company and the debt defaulted in the march of 2007. 6 years went past and the debt had fell off my credit file. Then to my surprise in June this year I get a letter from Bryan Carter Solicitors acting on behalf of Lowell finance telling me I had 7 days to pay otherwise I would get CCJ forms. True to there word 7 days later I got the CCJ forms to which I defended against claiming Statue Barred. I then get a letter from the court asking me to agree to mediation to hear both sides of the case to which I agreed to, in between all of this I send Bryan Carter the standard S77/78 form of here recorded delivery with a £1 postal order, I have heard nothing back from this. I have now just received a phone call from the court Asking me what date and time I'm available for telephone mediation, i just got an email back confirming the 15th October at 11am. My question is is wha do I do now and what will happen during the mediation when I claim statue barred. On the information I received it says if we can not resolve this matter it will go to the courts. At what point will someone check if this is actually Statue Barred? When I phoned Bryan carter they said to me that I had contact with them in 2010, this is a lie as I have been completely off the radar. I would really appreciate any help and advice and also what I should do next. I just would like to say again though that from the day the car was crashed I made no payment or letter to anyone regarding this debt.

bargainbetty

If you have absolutely no intention of paying anything, write to them, formally stating that the debt is statute barred. No payment has been made in over six years and therefore the debt is and remains statute barred.

Personally, I'd reject the mediation and state that you have no intention of attending as the debt is unenforceable under law.

Dispute that any any contact was made in 2010, and stipulate that contact would not impact upon the statute barred nature of the debt, as only repayments against a debt can do that, and you did not make them.

Personally, I think you do owe for the car, and should repay the money you borrowed. It's not their fault you loaned it to an uninsured driver, and you could attend the mediation and offer to repay the original loan amount, less the repayments, over an agreed period. However, with a statute barred debt, you don't have to.