Blackhorse Hire Purchase Agreement - advice on 'statute barred' situation

[stephenbaldwin]

Hi all,

 

I have a bit of a dilemma and I am hopeful that one of you may be able to give me some advice.

 

To give you a very brief background, I

have (and had) a lot of personal debt that pretty much all ages back to 2006 when a significant personal event changed my circumstances dramatically

and led to a previously perfect credit slate being annihilated to the tune of around £40k, plus a house repossession and this situation with car finance.

 

Since then, I have worked on and off and never got a grip of my finances to the extent that much of the debt has simply dropped off my credit file having passed 6 years,

with me burying my head in the sand on the basis that nothing I could do would change anything in reality.

 

There has been no contact with anyone put bluntly, hence many things have now gone from my credit file and become statute barred.

 

One significant remaining debt however, is that of a car Hire Purchase agreement I took out with Blackhorse finance.

 

The last payment was made in early 2006,

however unlike all of my other debts,

for some reason Blackhorse (according to my credit file) don't appear to have defaulted me for a period of 2 1/2 years subsequent to this last payment,

with my file instead showing a long list of monthly "Q" query entries.

 

After my problems the vehicle was never used for a long period, with it being left at the home of a close family member as I left my life behind lock, stock and barrel and moved away.

 

I spoke with Blackhorse on the telephone around this time (2006) and agreed to hand the vehicle back,

however they never made good on this arrangement, with no further contact with me or the family member, who's details I had naturally passed on in order to arrange the hand over.

 

After a period of years my family contacted Blackhorse directly, explaining that they just wanted 'rid' of this vehicle from their premises, and asked why this hadn't happened,

and that they would like to arrange for it to happen ASAP...or if this wasn't possible, would Blackhorse give them permission to sell the vehicle.

 

The Blackhorse representative was unwilling to speak in specific terms as the person calling as not the account holder,

however implied strongly that the value of the vehicle would now be such that a repossession wouldn't be of benefit to them,

and that if the vehicle was sold to someone else they "wouldn't come looking for it".

 

The vehicle has subsequently been sold by a member of my family for a nominal amount, to a known person on a full and frank basis with the offer of a full refund

(we are talking less that £1000 here) should any issue arise.

 

Now...my issue is solely around the finance aspect. My questions are;

 

1. Is this debt subject to the usual 'statute barred' rules of any other debt,

or is possession of the vehicle in someway replacement of "written confirmation or acknowledgement of the debt" etc,

i.e, does the date of last payment and last direct contact stand, or does continued possession of the vehicle extend this

 

2. If the debt is subject to the same 'rules' as any other in terms of statute barring,

then can anyone explain why they have allocated this "query" position for 2 years (minimum) after my last payment or acknowledgement,

and is this something they are allowed to do...essentially extending the period that the debt hangs around my neck?

 

Any advice or direction to other sources would be most appreciated.

[dx100uk]

sri SB

 

you got missed.

 

the SB date is from you last payment.

 

whatever this Q is, sadly its got you stuck.

 

i'd have a look at another CRA file for a start.

 

dx

[Gaston Grimsdyke]

There is nothing in these facts to alter the basic limitation provision, i.e. that they have 6 years to sue you from the date of the cause of action, in the absence of a payment or written acknowledgement of the debt. Physical possession of the vehicle does not count as acknowledgement. If Black Horse haven't contacted you by now I think you can safely assume the debt has been written off.

[stephenbaldwin]

Thanks chaps...so I guess I could/should be in the clear by now then?

 

I have double checked on this "Query" status on my credit file (it's on Equifax)...and they have actually applied this for just shy of THREE YEARS before defaulting me!! The problem is, other things that have recently dropped off my file indicate clearly that Equifax go off the 'default date', even though,as I have gathered from reading various threads, this is not relevant to when the debt becomes statute barred.

 

I have requested reports from Experian and Call Credit to see what comes up on theirs in any case,and then I guess I will have to see what can be done.

 

With regards looking to 'challenge' this query status, would I be better taking that up with Equifax or would it require contacting Black Horse?

[dx100uk]

i'd atleast ask EQ

 

point out about the sb status and the time lag of this holding it on your cra

 

dx