Marlin financial services - statute barred??

[Bridezilla]

Hi all,

Wonder if you can help. My dad has received a letter from Marlin regarding a car he had on finance in 2001. He handed the car back on 01/10/2001 and heard nothing else until a couple of weeks ago. He has now received several threatening letters - one threatening bankruptcy regarding the original car loan. They are asking for GBP5158.65!! Can they pursue a debt that is almost 7 years old? When my dad handed the car back he was under the understanding that he would hear no more as he had paid half. Until now he still believed this was the case. He has not responded to any of their letters but their last one was extremely threatening. Any advice?? I have found a letter re statute barred, shall I just get him to send that?

[Coasters]

Was it a secured loan?

 

I'll leave this one to the more experienced people here but something looks wrong with the amount your dad is alleged to owe for sure.

 

From my limited knowlege the amount that has already been paid does play a large part here.

[Bridezilla]

No it was standard car finance. From what I remember the car was a problem and he couldn't sell it so the finance company advised that after he paid so much he could hand it back. Which is what he did, he has the receipt from the date they came to get it. £5158 is excessive, in fact thats probably what he paid for the car originally.

[IdaInFife]

Normally you can hand the car back after a certain amount is paid, normally about half way throught the loan but going by your dates either he took the loan over 12 months or paid a hefty amount before handing it back. If this is not a secured loan then if no payment has been made since oct 2001 then it is statute barred. You could send the following:

 

Dear Sir/Madam

Acc/Ref No xxxxxxxxxxxxx

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

We look forward to your reply.

Yours faithfully

Mr A N Other

 

 

Ida x

[dx100uk]

urm.. sounds like another case of the DCA fishing on old loans to see who they can milk by putting the frighteners on them.

 

dispicable action, but, sadly, all to common of recent.

 

had three myself, one for a debt of more than 18yrs ago.

filed in the round filing cabinet.

 

personally, i would simply ignore them, unless they start making noises about going to court to get a statutory or charging order, or whatever it is called these **** are now using as their latest tactic to fleece people who know no better that to blindly pay.

 

dx

[Bridezilla]

Thanks guys as always brilliant advice, I will get my dad to send that letter and see if they respond