threat of bailiffs

[skyman197w]

hi,not sure if i,m in the right section but my wife had a car on finance before i met her 6 years + paid it for a few years then stopped they took a the car back we have just had a phone call saying that a debt is due after all this time and we asked what the debt was for and have they any paperwork that is all was said he then phoned back saying that he has found paperwork and would send it out and stopped baliffs for a week i dont know how we stand on this my wife has nothing in this address everthing is in my name even the mortgage any advice would be gratefull

 

thanks skyman

[mutzi]

What kind of finance? Situation is different if it was on hire purchase and more than 1/3 has been paid. If it's a loan, wait for the paperwork and see if the original signed agreement is with it, if not ask for this via the CCA letter template.

 

The bailiff will probably just be a debt collector using that title, unless they have a court order they have no power to do anything apart from ask you for the money.

[skyman197w]

thanks for the reply. the original agreement turn up this morning along with a letter from ruthbridge ltd.the company she got the finance through was credit acceptance , the original amount was £3748.20 she had paid £1652.30 ballance remaining £2095.90 the original agreement was signed 5/5/99 and last payment was made 12/10/2000 i dont understand any of this because they came and took the car back there are 2 paragraphs on the contract. termination of rights £1875.38 and repossession of rights £1250.25 also just read on here that the company terminated the agreement with effect from 14/7/2000 thanks for your replys

 

skyman

[gizmo111]

If the last acknowledgement was 12/10/2000 and you ahven't acknowledged it before 12/10/2006 - then it is likely to be statute barred anyway.

[MrShed]

But...do not acknowledge it after this date anyway, as it may well still class as acknowledgment, as you are in effect starting the 6 years time again.

[gizmo111]

But...do not acknowledge it after this date anyway, as it may well still class as acknowledgment, as you are in effect starting the 6 years time again.

 

Once it is time barred it cannot be restarted - but as today is the 27 and this has benn going on for a few weeks my concern is that they acknowledged it before the 12/10 and the time has restarted.

[skyman197w]

hi

they have been sending letters for the last few weeks and we have not responded to them and chucked them away i am about to get a car on finance and they must of got our telephone number through one of the searches the first time we spoke to anybody was yesterday and all that was said was we no nothing about it and could they send the original documents they said they would stop the baliffs from coming today and rearrange for next week so not sure what to next prob just scare tactics

 

thanks skyman

[gizmo111]

hi

they have been sending letters for the last few weeks and we have not responded to them and chucked them away i am about to get a car on finance and they must of got our telephone number through one of the searches the first time we spoke to anybody was yesterday and all that was said was we no nothing about it and could they send the original documents they said they would stop the baliffs from coming today and rearrange for next so not sure what to next do i just leave it

 

thanks skyman

 

Do they have a CCJ on this debt?

[skyman197w]

i,m not sure i would need to get copys of her credit report the only stuff they have sent are all the the original agreements and a letter dated 4 july 2000 regarding termimination of agreement and action intended to be taken i was going to scan and put on here but i cant edit it

[gizmo111]

i,m not sure i would need to get copys of her credit report the only stuff they have sent are all the the original agreements and a letter dated 4 july 2000 regarding termimination of agreement and action intended to be taken i was going to scan and put on here but i cant edit it

 

No need to worry about scans - if there is no CCJ they cannot chase debt as it is statute barred - if there is CCJ then you have to pay. Have they got a phone no for you? If htey have no doubtthey wil lring again and you can aske them to prove the CCJ - butthen again ifthey had CCJ thye wouldn'thave bothered sending you docs they would have just got baliffs to visit. If they did have CCJ then it may on her report or may have dropped off with the 6 years - worth checking though - you can do it online at experian and equifax.

[skyman197w]

thank you for your replys i will have a look at her credit report

 

thanks again skyman

[ozzywizard]

Send them this letter as it is time barred. You really need to find out if their was a CCJ for this debt registered against her as this is the differance of owing the money and not.

 

I know Ruthbridge deal a lot in barred debt, they have one of mine for 6000. I sent that letter and every now and then I receive a letter of them saying they going to do this and that. I dont worry and just put them in bin as I know they can never take legal action.

[skyman197w]

hi,

do i send this to ruthbridge or credit acceptance

 

thanks skyman

[ozzywizard]

Send it to Ruthbridge as they are the ones contacting you re this unenforceable debt.

[skyman197w]

thank for replys waiting for a pin number for the credit report.recieved another letter this morning(without prejudice despite many atemps to contact bla,bla,bla we are now advising our client to commence bankrupty proceedings bla,bla,bla if you do not co operate you may be declared bankrup)

 

skyman