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Being chased for 8 year old charging order
Darkmind
Posts: 1 Newbie
Back in 2008 I had a stress induced breakdown and had to give up work. At the time I had finance for my wife's car though mercedes Benz finance. I called them and asked what I should do. They advised me to hand back the car, which I did. They then sold the year old car at auction for half it's value and sent me a bill for the difference. I was in a mental health clinic and was unable to deal with any correspondence. They subsequently obtained a charge order against my home.
In 2010 my home was repossessed in negative equity. I gave the mortgage company solicitor my email details in case they needed to contact me.
In 2017 I received a letter from a solicitor working for Mercedes Benz finance demanding payment of £16K. I asked if it was statute barred but they say that because the charging order was in place before the 6 years limit, I still have to pay.
I am still unemployed and living in housing association property. I am extremely stressed by this and struggling, still, with Complex PTSD , anxiety and chronic severe clinical depression.
Is this still enforceable ? Please, any advice
In 2010 my home was repossessed in negative equity. I gave the mortgage company solicitor my email details in case they needed to contact me.
In 2017 I received a letter from a solicitor working for Mercedes Benz finance demanding payment of £16K. I asked if it was statute barred but they say that because the charging order was in place before the 6 years limit, I still have to pay.
I am still unemployed and living in housing association property. I am extremely stressed by this and struggling, still, with Complex PTSD , anxiety and chronic severe clinical depression.
Is this still enforceable ? Please, any advice
0
Comments
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Hi there and welcome to MSE,
If they had a charging order, it would almost certainly mean they have a county court judgement (CCJ), and that is what prevents it being statute barred. The limitations act states that the lender has 6 years to take court action from when the debt fell due, which it appears it has from the dates you have given.
However, they would also appear to have taken no action between 2010 and 2017 and if that is the case they would require special permission from the court to enforce the debt using standard court enforcement options now. If they don't have that, then they should stop contacting you.
(You may find this gets moved to the DFW board for more responses).
Laura
@natdebtlineWe work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps0
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