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Car finance from 10+ years ago

wanttobedebtfree86
Posts: 2 Newbie

in Loans
Hi
Wondering if anyone can help me.
I bought a car on finance in 2008 and it got repossessed and sold at auction in 2009, the finance was with Santander. They took me to court in 2009 and it got 'stayed' at court as they said I hadn't sent certain documents to them when I did and I had proof, they never pursued with the courts and it was left like that, they then sold it to Bluestone (not sure on the year), however I never responded to them and they eventually stopped sending letters. In 2015 they then sold it to Cabot financial and have tried contacting me on numerous occasions, to which i have not responded or paid them a penny. I then received a letter from Resolvecall (23/09/21) saying that they were acting on behalf of Cabot and I need to get in touch with them.
I am aware that there is a balance that is outstanding, but am unsure whether this will now be classed as 'statue-barred'. I am wondering if anyone can give advice on this as I need to know what the next step is to do.
Thanks
Wondering if anyone can help me.
I bought a car on finance in 2008 and it got repossessed and sold at auction in 2009, the finance was with Santander. They took me to court in 2009 and it got 'stayed' at court as they said I hadn't sent certain documents to them when I did and I had proof, they never pursued with the courts and it was left like that, they then sold it to Bluestone (not sure on the year), however I never responded to them and they eventually stopped sending letters. In 2015 they then sold it to Cabot financial and have tried contacting me on numerous occasions, to which i have not responded or paid them a penny. I then received a letter from Resolvecall (23/09/21) saying that they were acting on behalf of Cabot and I need to get in touch with them.
I am aware that there is a balance that is outstanding, but am unsure whether this will now be classed as 'statue-barred'. I am wondering if anyone can give advice on this as I need to know what the next step is to do.
Thanks
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Comments
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No, the limitation act no longer applies as legal action was started within 6 years of the debt becoming due.
They only have to start legal action, that is the catalyst, the fact the case was stayed has no bearing on the matter whatsoever.
So the debt is due and recoverable unfortunately.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
Even though it was santander who started legal proceedings and since then it’s been sold to someone else?0
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Legal action is legal action, no matter who instigates it, what happens in the future does not alter the past.
The question a court would consider would be -
"was an action, founded on tort, brought within six years from the date on which the cause of action accrued"
yes or no ?
The answer in your case would be yes, and that would be the end of the matter.
Sorry, I know that`s not what you want to hear.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
.... however, if the current owner of the debt were to attempt to take this to court then you would more than likely have a valid defence based on the fact that a claim has already been issued for this matter which the Claimant did not progress in over 10 years.
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