managing debt

waddy_2

just out of interest if it is statute barred what happens when i send letter stating as such? do they just drop it or is this likely to go to court ?

RAS

If you and the ex split over 6 years ago and ex did not pay any further against this debt, then it is statute barred.

Since there is no record of anything on your credit record, it looks very much as if the last payments and any defaults are more than 6 years old.

However, since you sent the CCA request, you are probably best to wait for that to be returned. The first deadline is 12 working days plus 2 to allow for post. So mark that date in your diary.

If you get any response for the DCa come back here.

waddy_2

hi everyone again, havent been on for a couple of days coz finally back at work. yesterday i received a reply from dca about car finance debt i have from marlin.
apparently this debt is a hire purchase agreement taken out on 27.03.02. i asked for copies of statement of any payments made and they havent enclosed that. they have enclosed a letter supposedly sent to me on 24.09.02 referring to a default notice served on me on 23.08 02 which i never received and doesnt show up on cra reports.this letter says i have failed to comply with default notice and car will be reposessed. another letter dated 27.11.02 insists on full payment after recovery and sale of said car, again i never received this letter. and finally copy of letter dated 30.01.03 referring to a supposed telephone conversation from me proposing to pay this debt in instalments of £60 per month. i have no recollection of this call. earlier they said they had a letter offering this payment but this now appears to have turned in to a phone call??
the letters they have sent are the first time i have seen them. should i ask for them to confirm in writing a statement of payments made?what do i do now? the letter received yesterday says i have 10 days to reply with a payment offer?

waddy_2

me again
in the meantime i have looked at my up to date credit report with equifax and this debt has never shown up on there. there are no defaults noted at all for this and i have requested my experian report via post but still waiting. from recall this has also never been on there but will have proof when it arrives. just wanted to double check for my own piece of mind. are there other credit ref agencies that this may have been recorded with?

RAS

Callcredit I think it is called

RAS

Waddy

Was going to respond but had to work.

waddy wrote: »

apparently this debt is a hire purchase agreement taken out on 27.03.02.

So it is not wholly covered by the Consumer Credit Act. You need to talk to NDl or CAB to get help. I am not sure if the Statute of Limitations Act covers these and what the relvent date is. it is vital that you do not write to them again without advice from NDL or CAB.

waddy wrote: »

i asked for copies of statement of any payments made and they havent enclosed that.

So you cannot work out when the last payment was? You need this information.

waddy wrote: »

they have enclosed a letter supposedly sent to me on 24.09.02 referring to a default notice served on me on 23.08 02 which i never received and doesnt show up on cra reports.this letter says i have failed to comply with default notice and car will be reposessed.

Unless you replied to this in writing, it is irrelevent, although the default date might be.

waddy wrote: »

another letter dated 27.11.02 insists on full payment after recovery and sale of said car, again i never received this letter.

Irrelevant

waddy wrote: »

and finally copy of letter dated 30.01.03 referring to a supposed telephone conversation from me proposing to pay this debt in instalments of £60 per month. i have no recollection of this call. earlier they said they had a letter offering this payment but this now appears to have turned in to a phone call??the letters they have sent are the first time i have seen them.

Any acknowledgement has to be in writing, from you to them. So irrelevant again.

waddy wrote: »

should i ask for them to confirm in writing a statement of payments made?what do i do now? the letter received yesterday says i have 10 days to reply with a payment offer?

Please contact NDL or CAB and ifgnore this deadline

waddy_2

thanks once again ras,
i presume ndl is national debt line???

RAS

yes National Debt line

waddy_2

thanks ras good advice. spoke to ndl and say looks like debt may be statute barred, goin to send me limitations act ifo and template letter to request up to date info on payments and account etc. says its unlikely there was ever a default as all 3 credit ref agencies are clear. will get back in touch with them when i hear back from dca.

waddy_2

hi just daily blog
no news from ndl yet but was only yesterday i spoke to them. no further news from dca so that is good i suppose. got one overtime night shift booked in so far so that will help this next month. managed to do monthly shop yesterday for £160 , kids had never seen so many smart price goods!!! but its food and with the basics no doubt will be turned in to decent meals. GET USED TO IT!!!!