Statute Barred Car Finance been sold on

[stressedx]

Hi, my partners ex got a car on finance. She refused to pay for the car so Marlin Financial services got in touch with my partner to chase the debt. After 6 months of hell the debt was statute barred. We have this in writing. Now today my patner has had a call from Mackenzie Hall saying Marline have instructed them to chas the debt. My partner laughed and said well you can try it is statute barred and i have proof. So now we have to send them a copy of this proof.

 

Is this legal, we went through a bad time sorting this out and me being 6 months pregnant i really don't need the stress.

 

Thanks

[BRIGADIER2JCS]

Hi, my partners ex got a car on finance. She refused to pay for the car so Marlin Financial services got in touch with my partner to chase the debt. After 6 months of hell the debt was statute barred. We have this in writing. Now today my patner has had a call from Mackenzie Hall saying Marline have instructed them to chas the debt. My partner laughed and said well you can try it is statute barred and i have proof. So now we have to send them a copy of this proof.

 

Is this legal, we went through a bad time sorting this out and me being 6 months pregnant i really don't need the stress.

 

Thanks

 

 

Hi MH specialise in this kind of debt.

 

 

Can I ask are you sure it IS SB, as it seems from your post that there

has been contact.

SB is 6 CLEAR YEARS of no payment and/or no written acknowledgement of the debt (5 years in Scotland)

 

You should check credit reference files to be sure of dates.

 

Brog.

[stressedx]

Hi, the debt was 2003, last payment 2004. We have all the info from Marlin and a letter saying statute barred. It was end of 2009 when they contacted my partner.

[Crocdoc]

This is typical of MH, However you could be awkward and tell them that you are under no obligation to provide poof, because in reality it is up to them to prove otherwise as they are the pursuer. But there again MH don't like anything complicated.

[stressedx]

Marlin have given them my partners number so is it best to just get his number changed.

[Crocdoc]

Of course, and the secret is NEVER CALL THESE PEOPLE AS THEY SIMPLY PICK UP THE NEW NUMBER.

[BRIGADIER2JCS]

OK MH are chancers, I suggest a FIRM letter to Rob Sands the compliance manager at

MH giving him a warning that no further contact must be made as the debt is SB and payment will not be forthcoming.

This them firmly in having to comply with OFT Guidance sction 2.14 (b) para 4 :-

It unfair continuing to press for payment after a debtor has stated they are not paying because it is statute barred,this could

amount to harassment contrary to section 40 (1) ofthe Administration Of Justice ACT 1980.

 

Brig.

[stressedx]

Thank you everyone for the help

[postggj]

as its marlin this

 

is it a yes car account by any chance:smile:

[BRIGADIER2JCS]

Hi Post how's the BOS business going,

Brig.

[postggj]

ime awaiting a witness statement from the sols at the moment

 

will be interesting as this is one of the few cases ime dealing with that deals with an illegal repo and bos

 

 

cag is getting a lot of happy people at the moment:-)

 

lets hope wanabe get all the money back and i hope they see sense and settle before it goes back to the county court

 

sorry if going off topic but brig knows what ime talking about

[BRIGADIER2JCS]

Good luck Post.

 

Brig.

[stressedx]

It was welcome car finance

[BRIGADIER2JCS]

Says it all, poor paperwork nil customer service,totally useless:madgrin:

[postggj]

does not matter realy

 

its statute barred:whoo:

[stressedx]

Hubby has said MH were quite nice, said send in a copy and we will leave you alone and said don't know why Marlin passed it on.

[BRIGADIER2JCS]

What that means is that MH have got hold of another very sour old

lemon that they can do BU**ER all about but to try and pass it further

down the pond life food chain.

[stressedx]

Well no letter or any calls, wonder if they have given up

[stressedx]

That would be fun, shove the statute barred letter in their face

[BRIGADIER2JCS]

Not sure on that one the HP

loan is in away ''secured'' on the vehicle

I think so if no payments have been made

and car has not been recovered then

they may well be able to pursue.

Is the HP still in your name.

I'll bump for further help.

 

Bump.