Very old car finance ccj but not yet enforced

rachelheels

Hi, sorry for the length this is likely to be

i know many of you will say it’s a debt it should be repaid, those who have this stance please kindly stay quiet about it

Back in 2006 I purchased a brand new car, mix of finance and part ex. The finance was with ge money.

the payments went out by direct debit initially without issue. Then the tried to take a direct debit a day early, no money was there for it and they and my bank charged me. I told he I would bring the payments up to date once they reimbursed the charges, but they refused to do so.

I know at this point I should have acted differently, but I didn’t and I don’t have a time machine. 

The payments weren’t bought up to date but I never heard from them. I didn’t need the car as I changed jobs and got a company car, so I literally just parked it in a friends barn and forgot about it. I moved home in 2013 and wrote to ge to tell them my new address, and heard nothing. A few mk
onths later I got a letter from link financial, who were clearly chasing the debt on their behalf. 

I then heard nothing until 2017. In 2017 I decided to scrap the car (it was worthless multiple factors including space shuttle mileage and no service history) 


I phoned link and said look I have this car, do you want it back, can we agree a sensible settlement etc

they refused to even talk to me, and got a ccj for approx £8300.

this was In my 2017. Annoyingly I believe if I hadn’t done the right thing by talking to them this wouldn’t have happened, it feels like it was just forgotten. 

Since then link write to me for time to time but haven’t really tried to enforce the debt, they have until may 2023!

If they were going to enforce it surely they would have by now?

I believe it MAY have been statute barred when the ccj was granted, can that physically happen, a ccj be granted on a statute barred debt?

if so can I easily and without alerting link financial find out the date it would have become statute barred?

I would appreciate any help on this one 

TheAble

I can't in all good conscience help. It sounds like you've just had a car for free and want advice on how to get out of paying. You should do what you know in your heart to be right. If you're in financial difficulties then that's one thing; but otherwise, without adopting a mindset of integrity you will struggle to get ahead in the long term.

rachelheels

I definitely didn’t get it for free.

it was a £26000 car. Approx £7000 part ex, and the rest paid as normal. 

It’s the last £8000 that is/was the issue, a large % of that would have been interest anyway 

TheAble

You haven't detailed the terms of the loan but in general terms as the loan amount decreases so does the amount of interest paid.
In any case, from what you've told us so far it sounds like your only justification for not paying £8000 is that on one occasion they took the DD one day early. This being the case I would imagine you'd have been covered under the DD Guarantee - did you explore this avenue?

rachelheels

It was probably in 2011/12, I can’t remember

i had a blazing row with them and they point blank refused to waive the charge, I remember that much.

from that day I took the attitude of when they write to me I’ll deal with it, but the letter never came

[Deleted User]

rachelheels said:

Hi, sorry for the length this is likely to be

i know many of you will say it’s a debt it should be repaid, those who have this stance please kindly stay quiet about it

Back in 2006 I purchased a brand new car, mix of finance and part ex. The finance was with ge money.

the payments went out by direct debit initially without issue. Then the tried to take a direct debit a day early, no money was there for it and they and my bank charged me. I told he I would bring the payments up to date once they reimbursed the charges, but they refused to do so.

I know at this point I should have acted differently, but I didn’t and I don’t have a time machine. 

The payments weren’t bought up to date but I never heard from them. I didn’t need the car as I changed jobs and got a company car, so I literally just parked it in a friends barn and forgot about it. I moved home in 2013 and wrote to ge to tell them my new address, and heard nothing. A few mk
onths later I got a letter from link financial, who were clearly chasing the debt on their behalf. 

I then heard nothing until 2017. In 2017 I decided to scrap the car (it was worthless multiple factors including space shuttle mileage and no service history) 


I phoned link and said look I have this car, do you want it back, can we agree a sensible settlement etc

they refused to even talk to me, and got a ccj for approx £8300.

this was In my 2017. Annoyingly I believe if I hadn’t done the right thing by talking to them this wouldn’t have happened, it feels like it was just forgotten. 

Since then link write to me for time to time but haven’t really tried to enforce the debt, they have until may 2023!

If they were going to enforce it surely they would have by now?

I believe it MAY have been statute barred when the ccj was granted, can that physically happen, a ccj be granted on a statute barred debt?

if so can I easily and without alerting link financial find out the date it would have become statute barred?

I would appreciate any help on this one 

Is this the same car you bought using finance from Money Barn?https://forums.moneysavingexpert.com/discussion/6226904/irresponsible-lending-complaint

Vikipollard

Lover_of_Lycra said:

rachelheels said:

Hi, sorry for the length this is likely to be

i know many of you will say it’s a debt it should be repaid, those who have this stance please kindly stay quiet about it

Back in 2006 I purchased a brand new car, mix of finance and part ex. The finance was with ge money.

the payments went out by direct debit initially without issue. Then the tried to take a direct debit a day early, no money was there for it and they and my bank charged me. I told he I would bring the payments up to date once they reimbursed the charges, but they refused to do so.

I know at this point I should have acted differently, but I didn’t and I don’t have a time machine. 

The payments weren’t bought up to date but I never heard from them. I didn’t need the car as I changed jobs and got a company car, so I literally just parked it in a friends barn and forgot about it. I moved home in 2013 and wrote to ge to tell them my new address, and heard nothing. A few mk
onths later I got a letter from link financial, who were clearly chasing the debt on their behalf. 

I then heard nothing until 2017. In 2017 I decided to scrap the car (it was worthless multiple factors including space shuttle mileage and no service history) 


I phoned link and said look I have this car, do you want it back, can we agree a sensible settlement etc

they refused to even talk to me, and got a ccj for approx £8300.

this was In my 2017. Annoyingly I believe if I hadn’t done the right thing by talking to them this wouldn’t have happened, it feels like it was just forgotten. 

Since then link write to me for time to time but haven’t really tried to enforce the debt, they have until may 2023!

If they were going to enforce it surely they would have by now?

I believe it MAY have been statute barred when the ccj was granted, can that physically happen, a ccj be granted on a statute barred debt?

if so can I easily and without alerting link financial find out the date it would have become statute barred?

I would appreciate any help on this one 

Is this the same car you bought using finance from Money Barn?https://forums.moneysavingexpert.com/discussion/6226904/irresponsible-lending-complaint

I thought that too LoverofLycra, but the dates were out.  However, the post relating to irresponsible borrowing includes a sub prime lender.  Racheheels claims that she no longer needed the above car as she got a company car with her new job - in the same year that the Moneybarn debt appeared.

Vikipollard

And then I found this...is it your caar Racheheels, or your partners?
https://forums.moneysavingexpert.com/discussion/6184500/clearing-up-my-credit-file/p1 
This is becoming more and more of a fairytale...

rachelheels

Lover_of_Lycra said:

rachelheels said:

Hi, sorry for the length this is likely to be

i know many of you will say it’s a debt it should be repaid, those who have this stance please kindly stay quiet about it

Back in 2006 I purchased a brand new car, mix of finance and part ex. The finance was with ge money.

the payments went out by direct debit initially without issue. Then the tried to take a direct debit a day early, no money was there for it and they and my bank charged me. I told he I would bring the payments up to date once they reimbursed the charges, but they refused to do so.

I know at this point I should have acted differently, but I didn’t and I don’t have a time machine. 

The payments weren’t bought up to date but I never heard from them. I didn’t need the car as I changed jobs and got a company car, so I literally just parked it in a friends barn and forgot about it. I moved home in 2013 and wrote to ge to tell them my new address, and heard nothing. A few mk
onths later I got a letter from link financial, who were clearly chasing the debt on their behalf. 

I then heard nothing until 2017. In 2017 I decided to scrap the car (it was worthless multiple factors including space shuttle mileage and no service history) 


I phoned link and said look I have this car, do you want it back, can we agree a sensible settlement etc

they refused to even talk to me, and got a ccj for approx £8300.

this was In my 2017. Annoyingly I believe if I hadn’t done the right thing by talking to them this wouldn’t have happened, it feels like it was just forgotten. 

Since then link write to me for time to time but haven’t really tried to enforce the debt, they have until may 2023!

If they were going to enforce it surely they would have by now?

I believe it MAY have been statute barred when the ccj was granted, can that physically happen, a ccj be granted on a statute barred debt?

if so can I easily and without alerting link financial find out the date it would have become statute barred?

I would appreciate any help on this one 

Is this the same car you bought using finance from Money Barn?https://forums.moneysavingexpert.com/discussion/6226904/irresponsible-lending-complaint

No it isn’t, it’s a different car

rachelheels

Vikipollard said:

And then I found this...is it your caar Racheheels, or your partners?
https://forums.moneysavingexpert.com/discussion/6184500/clearing-up-my-credit-file/p1 
This is becoming more and more of a fairytale...

Sorry it was my husbands, we were writing together, and at the end of the day our finances etc are joint so if it is one or the other of us it makes no difference, why be so pedantic?

whether it’s him or me the issue is the same

fatbelly

rachelheels said:

Hi, sorry for the length this is likely to be

i know many of you will say it’s a debt it should be repaid, those who have this stance please kindly stay quiet about it

Back in 2006 I purchased a brand new car, mix of finance and part ex. The finance was with ge money.

the payments went out by direct debit initially without issue. Then the tried to take a direct debit a day early, no money was there for it and they and my bank charged me. I told he I would bring the payments up to date once they reimbursed the charges, but they refused to do so.

I know at this point I should have acted differently, but I didn’t and I don’t have a time machine. 

The payments weren’t bought up to date but I never heard from them. I didn’t need the car as I changed jobs and got a company car, so I literally just parked it in a friends barn and forgot about it. I moved home in 2013 and wrote to ge to tell them my new address, and heard nothing. A few mk
onths later I got a letter from link financial, who were clearly chasing the debt on their behalf. 

I then heard nothing until 2017. In 2017 I decided to scrap the car (it was worthless multiple factors including space shuttle mileage and no service history) 


I phoned link and said look I have this car, do you want it back, can we agree a sensible settlement etc

they refused to even talk to me, and got a ccj for approx £8300.

this was In my 2017. Annoyingly I believe if I hadn’t done the right thing by talking to them this wouldn’t have happened, it feels like it was just forgotten. 

Since then link write to me for time to time but haven’t really tried to enforce the debt, they have until may 2023!

If they were going to enforce it surely they would have by now?

I believe it MAY have been statute barred when the ccj was granted, can that physically happen, a ccj be granted on a statute barred debt?

if so can I easily and without alerting link financial find out the date it would have become statute barred?

I would appreciate any help on this one 

A ccj can be granted on a statute barred debt if the claim is not responded to - you would just get a judgement in default.
Your dilemma here is whether t leave things as they are, knowing that Link could try to  enforce this up to 2023, or to try for set aside.

You could try to get your old bank statements to see when you last made a payment. However the relevant date is likely to be the default date and that will no longer be on your credit report as it is more than 6 years ago. Unless you kept your paperwork  or credit reports from that era it may now be difficult to get that info other than by asking Link.

One thing you could/should do is to contact the court (likely to be Northampton) with your court reference number and ask them to send the full particulars of claim as there should be useful  info there, including the date of commencement of claim

It is probable though not certain that Link would have started a claim within 6 years of the default date