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    • Calm Down please.... there is only one way to deal with this and that is - PROPERLY. Being surrounded by 'lawyers' who deal with 'disputes', just like going to the likes of CAB, in this instance has, most probably, to date,  sadly not helping you here. Such people always project an Aura of confidence, when the truth is they don't actually have the vast successful experience of the members here in dealing with the likes BMW. there are over 350 threads here . as far i gather this is the situation, In April, a car was purchased by your son from BMW. Finance taken out to purchase it has since been paid in full, as well as full payment for an annual Insurance policy. within 6 weeks, it was discovered and confirmed in writing, via a report from a local garage, that the car indeed had numerous performance modifications undertaken. Namely being remapped and with modifications to the exhaust system. having contacted his ins co, they require a further £5k to uprate his policy, without it renders the existing insurance policy invalid, thus the car is not being driven.  again within this 6 weeks, you wrote to BMW rejecting the car (we need to see this letter please. scan it up to PDF, please read our UPLOAD guide). at first BMW were onboard, even sending their own inspector, confirming the mods etc. but in the last 9 days since said inspection, comms have now gone dead. .................. you have 2 options - 1 - allow BMW to sort the car FOC and without hassle to him, but probably within their own snails pace timeframe. 2- EVENTUALLY bring legal action - this would most probably be under contract law, not a claim under the consumer rights act . (as financially you would lose out big time) to do 2. which is not easy and rather complex to calculate the financial sum involved...... we need all the info @BankFodder has requested. of many, but one good reason for this is say for this new mot, show the old one was suspect, good bargaining chip against 2500mls usage deductions... your call but you need to do this properly or not at all...............    
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Advice on statute barring please.


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I got into debt some years ago and managed to sort out most of my debts bar one.

 

Recently I have been contacted by a debt recovery agency who are trying to recover the debt.

 

I have had no contact nor made any payments on the debt since April 2007

 

so presumed the debt to be statute barred.

 

However, I then went onto one of the credit reference sites to check my credit records

only to find that the default date listed for the debt was in fact June 2008.

 

How can this be possible and is the time of the debt measured by my last contact or by the default date on my records.

 

Any information to clarify this would be gratefully appreciated.

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there is no direct link

between Default date and SB date

 

typically a debt should be defaulted within

6mts of last payment.

 

the debt will remain on your cra file

till the defaults 6th birthday

 

name names please.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Sb is 6 years from the date of last payment or written acknowledgement of the debt in your case

Cra file has no bearing on the date as the entry can be made 6+ months after.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I got into debt some years ago and managed to sort out most of my debts bar one.

 

Recently I have been contacted by a debt recovery agency who are trying to recover the debt.

 

I have had no contact nor made any payments on the debt since April 2007

 

so presumed the debt to be statute barred.

 

However, I then went onto one of the credit reference sites to check my credit records

only to find that the default date listed for the debt was in fact June 2008.

 

How can this be possible and is the time of the debt measured by my last contact or by the default date on my records.

 

Any information to clarify this would be gratefully appreciated.

 

The default date and the date a debt becomes statute barred ARE NOT interchangeable.

 

A default may remain on file after the debt becomes statute barred, i.e. until as dx said the 6th anniversary of the default.

 

Stat barred = 6 clear years with no payment or unequivocal written acknowledgment of the debt:= the date a payment was due and not made after which no further payment was ever made.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Thanks for the rapid replies. So what you are saying is that the debt is statute barred regardless of the default date on the credit reference agency?

As far as naming names DX, the debt is due to Cabot Financial and the debt collection agency who have recently contacted me are CCS collect.

They sent me a letter a couple of weeks ago asking me to get in touch concerning a business matter if I was the person named in the letter. I ignored this, then today got a letter saying they were representing Cabot and would accept half of the due debt as settlement.

Should I just continue to ignore them?

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They will have no idea the debt is/could be stat barred.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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