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dizzyblonde1966

Stat demand, poss stat barred, and guarantor , a strange one this, please help

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Can someone please confirm what dates are applicable in this case,strange one this

 

Basically its a family friend, they bought a car in 2003 through yes finance ,his mother acted as guarantor as he only had a provisional licence at the time , they defaulted and made a last payment around june 2004

The car was repossessed in oct 2004 and sold at auction, heard nothing since until a few days ago,

wont name the company for now as not to alert, but they have sent a letter stating they are

going to serve him a stat demand for bankrupty, however unbeknown to this company the lads mother who was guarantor has recently passed away,

So we have 2 issues, the first one is that he hasnt made or aknowledged any debt for over 6 years

However when he rang the dca and asked them to confirm the last payment date , the debt collection agency guy got all cocky and said oh are you going for the statutory limitation etc, he then smugly claimed the car was sold in Jan 2005 and the courts will allow them this as the last date , as they allow 3 months on top for stat limitation repos, is this true? or is it the usual dca stretching the truth

 

And the second issue is his mother who is guarantor has passed away recently so what heppens there if they are telling the truth about the stat limitation being from the day of car being sold,?is the mother technically responsible for the debt or the son?

 

Can someone please confirm either or both of the senarios

 

Thanks, much appreciated

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I'm pretty certain that there aren't any exceptions to Stat Barred, it is always 6 years from the date of the last payment. What he said certainly has the ring of DCA bulls**t about it.

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he then smugly claimed the car was sold in Jan 2005 and the courts will allow them this as the last date , as they allow 3 months on top for stat limitation repos, is this true?
Total bovine excrement.

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SB starts from THE CAUSE OF ACTION :) Which is the date of default (usually one month later than the last payment if you had a monthly agreement) :) Sorry for shouting it's just these bloody numpty DCAs don't listen to anything else lol...


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BB 13 - DCAs/banks and solicitors 0.

 

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Thanks guys /girls

 

So should he send the stat barred letter to the dca, or just wait and see if they serve a SD anyway and go for a set aside and go for wasted costs,

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It's SBd unless they can come up with PROOF that it isn't, game over :)


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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