Can they take my car?

[Joannefred]

Earlier this year I bought a car. I don't drive so we registered my partner on the V5 as he is the one who is doing the driving.

Recently he received a letter from a debt collector Saying that if my partner doesn't pay such and such (from an old mobile phone contract) they will look into his financial situation to see how else they can recover the monies owed. Now i'm worried sick as the reason I bought the car was so my autistic would have transport to help him get around. Can they just clamp my car or take it away?

Apologies is this is in the wrong bit.

[Sidewinder]

Absolutely not. A debt collector cannot seize goods - and in fact can rarely do anything more than write threatening letters, so stop worrying on that score.

 

Give us some more details if you can. How old is the alleged debt? When was the last payment made? Has anybody else tried to chase the debt? Have you checked your credit file to see if any details are recorded there?

 

Sounds like this is a very early stage speculative letter. Relax!

[Joannefred]

I know a debt collector can't but if they look into his finances they will see he is registered keeper of the car and maybe they would take it to court and send bailiff???

There are actually 2 old debts that he hasn't payed on in 5/6 years. He is unsure of exact dates though which is annoying as I understand there is some sort of 6 year limit. It looks like the debts have recently been sold on to another company. How would he go about checking his credit file?

Thank you any advice if greatly appreciated.

[renegadeimp]

They cannot do that joanne. There is a pretty big and lengthy legal process to go through, and im pretty sure that bailiffs coming to take your car will never be an option for the judge.

 

Get your credit file checked and find out the last date that the debts were acknowledged in writing or payment was made towards them.

 

Since the debt has been sold recentley to a DCA, it's almost certain that the debt is statute barred or coming up on it, which is why it has been sold.

[ims21]

And of course the registered keeper doesn't necessarily mean the owner is the same person.

[Joannefred]

Would it be possible to point me in the direction of where we can access his credit file?

If it is 6 years how do we go about getting these people off our backs?

Also I know you say it is unlikely but if bailiffs do show up how do we prove that I own the car not him?

Thank you both for your help.

[ims21]

You can use Noddle for a credit check...it is free https://www.noddle.co.uk/

 

You need to find out when the last payment or written acknowledgement of these debts were. If more that 6 years ago then the are stat barred and you just need to let the DCA know this. Check the info first though to make sure your facts are correct.

 

As regards ownership of the car, presumable the purchase invoice is in your name and the payment was from you? That would be enough.

[ims21]

Oh and bailiffs are not going to show up without court proceedings first and you are a long way from that.

[Joannefred]

I don't have an invoice for the car it was just bought out of the local paper for £500 so I suppose that's that then as far as that goes

We'll go look at the credit file now. I will most probably be back as no doubt i'll be too daft to understand it lol.

Thanks again.

[ims21]

How did you pay? Was it a private sale then?

[Joannefred]

Just out of interest. Why would Noodle need the security code of my bank card? I thought you only gave that to make a payment.

[Joannefred]

Sorry yeah it was a private sale

[renegadeimp]

Noddle just uses it as a identity check. Nothing gets taken from your account.

[Joannefred]

Thank you

[Joannefred]

On noodle is the 'date of default' the last time a payment was made?

[renegadeimp]

No. Thats when the default was placed on your record.

[Joannefred]

Any idea if there is a certain time period before it goes on your record? There is a loan that has a date of default that is 9 months after the last payment was made. There is also 2 (yes 2 more ) credit cards which show a similar default date but it but the payment dates don't go back far enough to see when the last payment was made.

[renegadeimp]

Who are the owners of those debts?

[Joannefred]

2 are Lloyds TSB, 1 is Arrow Global LTD and 1 is Lowell although the Lowell one looks like it has been taken over from a Lloyds one as they have exact same original start date (2004) and balance as one of the TSB ones but only has history from August this year

[renegadeimp]

Ahh arrow and lowell. The usual suspects. If they have the debt, then it's 99% certain that theres something wrong with it.

[Joannefred]

All of them have a default date of within 6/8 months of the statute barred limit but only one has history going back far enough to see when the last payment was made and it is well over 6 years ago. Is there anyway of finding out the payment history of the others so as to know when the last payment was made? Also partner is getting demanding letters from a company representing T mobile (appropriately called RED). There is nothing about that at all on his credit history

[Joannefred]

Ooops

Edited September 30, 2012 by Joannefred
posted same thing twice

[Joannefred]

Sorry but I have another question. If he is still liable for any of these outstanding debts would I have to pay for them?

I am the only one working and he claims no benefits. We just have a joint tax credit claim. Thanks in advance.

[renegadeimp]

The only person liable for the debts is the person whose name they are in. If the DCA's start threatening you, come back and let us know. There are a few that act unlawfully and do break a fair amount of rules.

[Joannefred]

But as the tax credits are in both names can they insist on being paid from that?