Car debt from a long time ago

[Jamesf348]

Hi all.

 

Really struggling with this one mentally so any help appreciated.

 

Back in 2004, I took a car out on finance.

In 05, lost my job and couldn't make payments.

Susequently the car was repoed in 2006.

I've had no dealings myself with company in question (Marlin financial services) or any dealings or payments made since 2005, with original creditor.

 

Suddenly started getting letters to pay the alleged debt.

Had 3 in total.

 

First 2 asking to contact for a repayment plan.

Then the third being told the case had been forwarded to their solicitor (Mortimer Clark).

 

On this, I've written a letter saying I do not acknowledge the debt as no payment or written acknowledgement has been made by me in over 6 years.

 

Just wondering if anyone else has had this sort of problem,

and if so, how they went about it.

Any advice is appreciated.

 

Thanks.

Edited April 17, 2012 by Jamesf348

[BRIGADIER2JCS]

Hi welcome to CAG.

Ok so you have made no payment or acknowledgment

in writting since 2005??

Have you checked your credit reference files if not

you should do so asap, I think this may well be

statute barred already so be careful of how you respond

to any contact.

Your credit report will be an important indicator to the status

of the alleged debt.

[Jamesf348]

Hi. Thanks for the fast reply.

Certainly no payment made by myself in over 6 years.

I have checked my credit report.

It says I defaulted in September 2006, which I cannot see how as the car was repossessed well prior to that date.

 

The bank account that was tied to the agreement was terminated at the beginning of May 2006,

so it's impossible that I made a payment to the agreement in less than 6 years.

 

I was very careful with the responding letter.

 

I found a template of notice of statute barred.

 

Began it with "I do not acknowledge any any debt to you".

At no point in the template I sent did I acknowledge it.

I sent it recorded delivery and it was signed for on Friday.

I have printed the electronic signature.

This is making me very worried and stressed and any help would be very appreciated.

 

Where will Marlin/Mortimer Clarke go from here?

[Jamesf348]

One other thing, sorry. My credit report says I defaulted in September 2009. Surely I defaulted prior to then as the car was taken back in early 2006!? I'm at a total loss.

[BRIGADIER2JCS]

Are you sure the 2009 date is not just a file update?

[Jamesf348]

Positive. The file was last updated last month. The default date is definitely registered on my account as sept 2006. Surely the default date is when I first defaulted?? Is someone playing funny buggers??

[cerberusalert]

TBH it doesn't matter when the default was registered the Statute of Limitations begins when the cause of action occurs, which is usually one month after your last payment or from when you acknowledged the debt.

[Jamesf348]

Thank you. I've not acknowledged the debt, and certainly not made a payment in 2006.. Do you think they'll still attempt to pull a fast one and bully me into thinking I owe it?

[BRIGADIER2JCS]

Yes they would there is a lot of this going on at present.

A suggestion send this (you fill in the detail)

 

The Compliance Manager/ Data Controller

XXXXXX debt Collectors.

 

Ref: xxxxxxx

Dear Sir Or Madam,

I write in response to you communication dated xxxx in which

you claim that I owe a debt for xxxxx to xxxxx, Please take note

I do not acknowledge any debt to you or any company you claim

to represent.

 

Further to receiving your claim for this alleged debt my personal

research and advice given brings me to conclude that any such

alleged debt is Statute Barred, therefore I will not now or in the

future be making any payment or offer of payment now or in the

future.

You will now cease to process or store any data you hold on me

with immediate effect.

I am sure I do not have to remind you of the OFT Guidance

2003/2011 regarding the pursute of statute barred debt and

the sale of such debt without informing the purchaser of the

status of the debt.

Send Rcorded Delivery.

[Jamesf348]

Thank you. So when they reply with I guess " you do owe us" letter, I respond with this? Apparently this Marlin company are quite prolific in their chasing tactics.

[cerberusalert]

They may respond by saying that you made a payment thus implying that it's not SB. It's not uncommon for certain companies to suggest that a phantom payment was made. However, the onus is on them to prove it by way of providing evidence of how it was paid, when & by whome.

[Jamesf348]

Well I can go into my old bank and get a statement. My mother made a few small payments to the original creditor without my knowledge as we wasn't getting along at the time. My mother has looked into her bank accounts and not even she made a payment in 2006 to British Credit Trust (original creditor). My gut feeling is that Marlin are trying to pull a fast one, but can't help not worrying. Thank you all for your input so far.

[Jamesf348]

Well I can go into my old bank and get a statement. My mother made a few small payments to the original creditor without my knowledge as we wasn't getting along at the time. My mother has looked into her bank accounts and not even she made a payment in 2006 to British Credit Trust (original creditor). My gut feeling is that Marlin are trying to pull a fast one, but can't help not worrying. Thank you all for your input so far.

[brokebutnotbeatn]

You should really stop worrying about this. If they were stupid enough to take it to court (they won't) then SB is an absolute defence. If you hear from them again let us know.

[BRIGADIER2JCS]

Have you sent the letter yet????

[Jamesf348]

The letter template you sent brigadier?

[Jamesf348]

Shall I send it, even if they haven't replied to

My Non acknowledgement letter!?

[BRIGADIER2JCS]

The letter template you sent brigadier?

 

Yes!!

[Jamesf348]

Ok! What's the scenario with signing these "take a walk" letters? I've read horror stories of DCA's copying signatures.

I printed the SB letter.

[Jamesf348]

And how do I go about making a donation to the forum?

[BRIGADIER2JCS]

Ok! What's the scenario with signing these "take a walk" letters? I've read horror stories of DCA's copying signatures.

I printed the SB letter.

 

I have never seen proof of any such action in many years.

if you type a series of xxxxxxs in another paler colour and sign

over that or just initial any documents

[BRIGADIER2JCS]

The donation tab is just at the end of each e-mail alert page.

I thank you in anticipation on behalf of CAG

[Jamesf348]

Donation made. Thank you for your help so far.

[BRIGADIER2JCS]

Donation made. Thank you for your help so far.

 

Excellent thank you,

If you need any more help just yell:madgrin:

[Jamesf348]

Right folks.

Here we go.

 

Had a letter back today.

 

Marlin have sent a statement of payments up to 2008....

Well my bank account was closed on may 2006!!!!

 

Secondly they've sent a "signed" letter of vehicle surrender!

Firstly there is no signature of mine on there.

It's my mothers.

 

Secondly, my name is printed on there of which I didn't print!

The only signatures on the letter are my mother and the bloke who took the car.

 

Regardless, my advisor at the CAB informs me that a letter of surrender isn't acknowledgement of debt anyway.

 

There's some fraud going on here...