Black horse issued default after 29 missed payments

ezzmo

Hi I'm hoping someone can help, I've looked over several boards and sites but cant get it clear in my head what to do.

in early 2009 I took a car on hire purchase, in early June 2010 my life fell apart, I had to end a 10 year relationship, walk away from my home, was homeless for 9 months and deemed unfit to practice in my nursing degree (I was diagnosed with PTSD)
I contacted Blackhorse and explained the situation and seen if there was a way to make token payments until my situation improved, they told me a sum I could not afford at all and that my credit record would be affected.
my car was returned after approx. 7 months of me asking them to take it back so early 2011.
I had moved to a new address and was on the electoral role and heard nothing more and assumed my debt was cleared with the sale of the car.

6 years have passed and I looked at my credit file last week and was alarmed to see Blackhorse had defaulted me after 29 missed payments and I still have another 3 years before this has gone.
the account was closed in 2013 and a balance of 2.5k remains.
since I have not made any payment or been contacted by debt collection agencies in this time I'm really confused why the defaulted date was not earlier than almost 3 years without negotiation or payments.

I filled in a Blackhorse complaint online form a few days ago but I'm now scared to take the call in case it all reopens as I live in Scotland and technically I believe the debt should be statute barred now?

kind regards, ezzmo

sourcrates

Hi,

First rule is never assume anything where money and finance are concerned.

Can you remember the approximate date of the last payment YOU made to the agreement ?


The actual default date is irrelevant here, its the date of the last payment by you that's important, that is the "cause of action" date, the date the limitations clock starts ticking, so if your last payment was mid 2010, as your in Scotland, and the Limitations period is 5 years, the account would now be statute barred, yes.


Any creditor contact should be responded to with a statute barred letter.
Keep things in writing only, I wouldn't speak to black horse about this to be honest, just send the SB letter if they contact you.

fatbelly

A note of caution - the BMW v Hart case was a 'conditional sale' car finance agreement where the supreme court decided the 'termination date' was the cause of action. The Black Horse agreement may be different but you would need a specialist to look at the detail of the terms and conditions. I also do not know how much credence a Scottish court would give to an English case.

Yes, 29 months does seem like an unreasonable delay. But actually I agree with sourcrates' conclusion:

Any creditor contact (I'd be tempted to say 'a letter before court claim') should be responded to with a statute barred letter. Keep things in writing only. I wouldn't speak to black horse about this to be honest, just send the SB letter if they contact you.

Is the default going to cause major problems over the next 3 years?

National_Debtline

Hi ezzmo


Assuming that this was a Consumer Credit Act-regulated agreement, then on the face of it any claim that Black Horse have for an outstanding balance should by now be "extinguished" under the Prescription & Limitations Act 1970. In this scenario, there is nothing you do now that could "revive" the debt.


The length of time Black Horse took to record a default on your credit file is a separate matter, and you should pursue your complaint further if you want to have any opportunity to get your credit file amended accordingly.


Dennis
@natdebtline


EDIT - cross-posted with fatbelly who has also pointed out that if the agreement was not regulated, things may not be quite as clear-cut.

cmc_entertainment

Also have a read here

http://debtcamel.co.uk/debt-default-date/

ezzmo

thanks to everyone who took time to reply.
I don't have any of the original paperwork as it was all at a previous address and I left there never to return.
the last payment ever made was 30th may 2010 and since the car was handed back in april 2011 no further contact has been made, no debt collectors have made contact with me.
I don't even have an agreement number or anything at all, just the dispute of a date x