Marlin & British Credit Trust car finance - Car Repo'd

[webmonkie]

Hello

 

I have been reciving calls from Marlin regarding a £100 left on a Debt from 2001. This debt went into default in 2001 and since has been removed from my credit account as the 6 years expired.

 

What else can they do or should I pay the £100.

 

Thanks

[Blondmusic]

This is Statute Barred as you have not made any acknowledgement or payment since 2001. Send them the Statute Barred letter below. Edit the letter to suit your needs and send it Recorded Delivery.

 

Dear Sir/Madam

 

Acc/Ref No 4563210025897412

 

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 CPUTR2008

 

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

[debt4get]

they can do absolutely nothing the debt is well and truly statute barred send letter and ignore em

[webmonkie]

Ok. The problem is that I was paying this debt by Direct Debit upto the begining of this year which is when I thought I had paid the debt off. Now Marlin state I owe them £100 still which I suspect is all intrest and charges from the orginial debt.

 

Can I push them back by asking for a signed credit aggrement or anything or Do i pay the £100.

 

Also if I dont pay the £100 and ignore them, what can they do?

[debt4get]

ok in that case it wont be statute barred...send for credit agreement and take it from there..if you believe it is made up of illegal charges on their part tell them to get stuffed..

[webmonkie]

Sorry, is there a template I can use to form my letter from.

[sam614]

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

[debt4get]

if you defaulted in 2001 when did you start paying it again? if the gap between 2001 and when you started paying was 6 years then it will still be statute barred

[webmonkie]

What happened is they contacted my parents about the debt as I didnt live at home anymore, they didnt ask me for permission and my parents paid for the debt without telling me.

 

I was rather annoyed when my parents told me this but it does mean they havent been in contact with the debitor in 6 years doesn't it?

[debt4get]

in this case yes...they certainly had no right contacting your parents.and they certainly had no duty to pay them...send statute barred and see what they say

[webmonkie]

Hello

I have recently been contacted by Marlin regarding a Debt from British Credit Trust from the year 2000.

First of all I found out they had contacted and bulled my parents into paying who didnt say anything to me about the situation, they paid £10 a month.

The debt started at £982 in 2004 and now they want £189 from me in 2010.

I sent a SAR through and got a signed credit agreement which I cant fault apart from I never asked for GAP insurance which is ticked.

I have attached the Credit agreement to this post but I want to know if I can do anything else to these tards after they have bullied my parents into paying for so long and didn't speak personally to me until 2008

 

 

Also to add, I have no idea or record of where the amount of £980 came from and what it is for.

in 2002 I lost my job and they took the car off me and sold it,

I have no paperwork from that time or any records.

Should I just pay the amount or make a offer.

I have also noticed that on the Agreement it mentions they cant take the good back unless they get a court order after I have paid a certain amount or I have the right to get all the money back

. I wish I had known all this in the first place.

Any Ideas Guys?

I have attached a larger version of the agreement

 

http://img202.imageshack.us/img202/1254/001bxo.jpg

[42man]

I would write to them and ask them to refund the gap insurance + interest....

[cerberusalert]

If there was a clear period of six years (five in Scotland) where no payment or written acknowledgement was made it would be Statute Barred and any payments made after that would not affect it's unenforceability.

[DonkeyB]

When did YOU last make a payment towards this, or acknowledge the account?

 

What your parents have paid is irrelevant.

 

It may be statute barred if you have not acknowledged the account for six years.

[webmonkie]

Who should I write to Marlin or British Credit Trust? Do we have a template for that letter?

[DonkeyB]

Interest at 8% on the unwanted insurance:

 

£107.46 since 18/8/2000

 

... ooh, £8.60 a year...nearly ten years... £86...

 

They owe you about £190. Maybe more - think you can compound that interest.

 

Even if it's SB, you can claim that back!

[webmonkie]

The First time I spoke to them about the account and made a payment was 04/12/2007 according to their statement.

I tried to explain them this to them but they said it doesn't matter who pays the debt,

I then asked them how they had discussed the account whit my parents with my permission and the lady went silent and said they had not discussed the account at any point with my parents at that point I said ... and hung up.

What should send them next?

How do I go about claiming that back?

[DonkeyB]

When was the last time you made a payment or acknowledged before that?

I think you also have a valid complaint about their data processing, and revealing your debt to a third party. This is serious wrongdoing and must be reported to trading standards and the OFT. You must also demand a copy of Marlin's complaints procedure.

You need to do a spreadsheet showing your interest calculations, and write to the OC stating that you did NOT request the insurance premium. You demand the refund of the premium, plus interest at 8% pa.

Expect a load of bluster back, though...

[webmonkie]

The last time I had any dealings with this account was in 2002 when they took the car off me and tried to charge me a lot of money and I just ignored it.

The statement of payments they have sent me state that my Parents started paying Marlin in 26/08/2004.

I am trying to find a letter template to claim the GAP insurance back.

[DonkeyB]

I understand they took the car - but when did you actually last make a payment to the account or acknowledge it in any way prior to Dec 2007? Was it about or prior to Dec 2001? If so, it may be SB.

[webmonkie]

I far as I can remember it was because it was a good few months from when I last paid before the took the car off me.

[DonkeyB]

This is important then.

If there were six clear years between that date and when you made the 2007 payment, then it is SB, irrespective of payments made by your parents or your later payment.

Your parents should be complaining and asking for the money back - they had no right to take it.

As it did not come from you, I don't see how it can qualify as a 'gift'.

[webmonkie]

I will send a SB letter and see what happens.

[DonkeyB]

NO! Don't do that! Not yet. You need to find out first exactly when those payments were made. Never guess these things! It's best to be armed with the knowledge - THEN send the SB letter.

 

In the meantime, claim that refund.

[postggj]

marlin have been very naughty on this

 

ill do a letter for you if required (donkey can go over it)

 

we need answers