Can anyone offer some advice please

BrainAches

Hi,

Hope someone can give me some advice on this.

Ok, here's my back story... I was in a DMP (Debtline) back in 2010 to 2011 which I paid £120.00 a month for several debts, mostly catalogues and there was HP for a car, which had to cancel in June 2011 due to becoming unemployed and husband left me, no income meant massive cut backs were made.
I'm now happily divorced and have been working hard to sort my self out, I've paid off a few smaller debts and currently have a payment plan with Lowell on 2 other debts (catalogues).

However, in the last few days I've received 2 statements and a letter from DLC for a debt of £6,386.00 from Black Horse for a car, the letter is offering me a discount if I pay what they ask for. (This was addressed to me at my old house, I know the current tenant who passed it on)

This is the first time I've heard from anyone about this debt, I haven't heard anything from Black horse for years, way before I started the DMP, neither have I had any communication with any debt collection company over this debt.

I recently checked my credit file and can see no mention of Black horse or DLC, however I have moved house twice over the last 6 years which could explain that.

This car was handed back to Black Horse it was early 2010, I can't remember the exact date but was a few months before I entered into the DMP.

I'm aware of the statute of limitations and I am wondering how would I go about finding out the actual default date if it isn't on your credit file? I don't really want to do anything to inadvertently acknowledge the debt.

Happily take any suggestions or advice on how to proceed with this.

Thanking you in advance

sourcrates

Hi,

Usually when a car on finance is handed back, or repossessed, it gets sold at auction for whatever it will fetch, you will then be liable for any outstanding balance left owing on the car.

This appears to be the shortfall associated with that sale.

You are right to mention the limitations act, if you handed the car back in early 2010, then its likely the last payment you made was some months prior to that, that is when the clock starts running for simple contract debts such as this, not the default date.

So even on those figures, the debt will now be statute barred, as long as no legal action has been taken, i suggest you check on your credit file under "public information" to check on this.

If no CCJ, then send them the statute barred letter as soon as possible.

Information and template letter here :

https://www.nationaldebtline.org/EW/factsheets/Pages/time-limits-for-recovering-debts/statute-barred-debt.aspx

BrainAches

Hi,

Thank you for your reply.

Just getting my head round this, even though I was paying it off with the DMP, granted it was only a small token payment each month, it goes back to when I originally defaulted.

I'll send off for an up to date credit report and check that first and foremost!

National_Debtline

Hi BrainAches


I've highlighted the following bit of your original post as it could confuse readers:

BrainAches wrote: »

Hi,

I was in a DMP (Debtline) back in 2010 to 2011 which I paid £120.00 a month for several debts, mostly catalogues and there was HP for a car, which had to cancel in June 2011 due to becoming unemployed and husband left me, no income meant massive cut backs were made.

What exactly was cancelled in June 2011, please - the HP for a car, or the DMP itself? I am assuming it is the HP as you state elsewhere that a car was handed back in 2010, but it would be handy to know for sure.


If the HP debt was included in your DMP, and payments from the DMP went towards this debt (amongst others) until June 2011, then it is unlikely to have become statute barred just yet and you should not send any limitations-type letters to the creditor at this point.


Dennis
@natdebtline

BrainAches

Hi,

Thank you for your reply

To clarify, its was the DMP that was closed down, the last payment for the DMP was made in June 2011.
The car was handed back to Black Horse early 2010. I have gone through my historical bank statements online and there were no payments to Black horse made during that year (2010), just the DMP @£120.00 a month until June 2011.

Hope that helps.

BrainAches

Hi,
I've found out that the last time a payment was made to Black Horse by DMP was 18th July 2011.

Does that mean the statute barred date is 6 years from that point if there has been no contact or payments made?

Thank you

sourcrates

BrainAches wrote: »

Hi,
I've found out that the last time a payment was made to Black Horse by DMP was 18th July 2011.

Does that mean the statute barred date is 6 years from that point if there has been no contact or payments made?

Thank you

It will be SB this July then.

January2015

sourcrates wrote: »

It will be SB this July then.

If it's not yet statute barred, should the OP try and ignore all communications until after July? Just wondering what the best process is when a debt is this close to being statute barred:beer: