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KaptRoger

HP question for friend in Spain

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Hi Guys,

 

Having boasted to my friends about seeing off Clarity, one of them asked a surprising question which I'm passing on here.

 

This friend lives in Spain and has a caravan which was bought on HP. The agreement was taken out in August 2003 and no payments have been made since December 2006 - for what reason I don't know why.

 

The question is this: is the HP statute barred as from January (or whatever day after his last payment)? Does he still keep his caravan?

 

It probably doesn't matter as he lives out in the middle of nowhere in Spain, but he asked the question, and so I have asked.

 

Any comments?

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I'm not an expert on this, and i'm not even sureof Spanish financial law, but at a guess I would say it would be statute barred. Was it financed through the UK ?


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Assuming it was a UK HP agreement it will be SB six years + one month after the last payment was made.

 

If they have been out of the country during that period he should check with the Trust site to ensure they haven't obtained a judgment against him in his absence using his last known previous UK address.


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Is it a Touring Caravan?

 

If so, like ours (sorry for you car drivers if I hold you up lol) it will be CRIS Registered with HPI, might be worth giving them a ring as if your friend tries to sell it and the owner (the finance Company) may have placed a stolen marker on it.

 

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Thanks for the responses.

 

It was UK HP, he say that the last payment was on December 21st, 2006.

 

He now tells me that he has been having post forwarded to him and that he is being chased by Lucas (car parts?). He says that the letters say Hillsden are the original creditor.

 

Cerberusalert: Why 6 years + 1 month? Is this a HP thing?

 

Thanks.

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The SB clock starts when the last payment became due which would be a month after the last payment.

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Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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Lucas Credit Services a debt collection agency collecting a debt on behalf of Hillsdens another debt collection agency, who appear to have bought the debt.

 

Just make sure your friend checks for a CCJ. If there is no CCJ, then the debt will be statute barred on 21/1/13, so could not be enforced in court.

 

I would be surprised if the original HP loan company had not taken action by getting a CCJ. But Lucas and Hillsdens may not know anything about any CCJ, as debts often get passed or sold on without details. If they are aware of a CCJ, then it is a question of whether they can track your friend down and get it enforced in a Spanish court. They would have 6 years from the date of the CCJ to gain enforcement of the debt.


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How should he check for a CCJ?

 

He probably won't even appears in the CRA records now would he (having lived in Spain for so long)?

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Either you or he can search http://www.trustonline.org.uk/search-others giving previous addresses. It costs £4.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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Thanks for all the quick replies.

 

My friend is out, but I took the liberty of checking and.......

 

Nothing.

 

So what does that mean then for him from Jan 22?

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It means they cannot take enforcement as the debt will be Statute Barred.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

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IIRC with it being HP if he paid more than a third yes.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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Well thanks for all the replies. I'll tell him later, I imagine he will be very relieved.

 

From what he told me he has paid 3.25 years worth of an agreement. I see what he says.

 

Cheers to all

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Well thanks for all the replies. I'll tell him later, I imagine he will be very relieved.

 

From what he told me he has paid 3.25 years worth of an agreement. I see what he says.

 

Cheers to all

 

I suppose that if he had paid less than one third, the caravan would be the property of the HP company and they could take it back, if they could find it. It reminds me of a Canadian Heavy Metal band who were touring the US in a 20 year old tour van. They were stopped and had the van confiscated, as apparently it was still owned by the HP company.

 

Could not see your response to this post.

 

Stigman

Re: HP question for friend in Spain

Is it a Touring Caravan?

 

If so, like ours (sorry for you car drivers if I hold you up lol) it will be CRIS Registered with HPI, might be worth giving them a ring as if your friend tries to sell it and the owner (the finance Company) may have placed a stolen marker on it.

 

Stigman

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Re the CRIS. I've not been able to mention it to him yet.

 

I would imagine that as the original HP company didn't go for a CCJ for the agreement and just sold it on, they might not have bothered with CRIS. If he has paid for more than a third of it, then it would be difficult perhaps to claim that it was stolen?

 

I'll suggest to my friend tonight that he investigates the CRIS route.

 

Thanks again to all.

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Hi all.

 

It was a 7 year agreement. He says he will check CRIS if he ever feels that he wants to sell the van.

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