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I took out a hire purchase agreement on a new car in 2009, in Scotland.

 

 

Two years later in 2011,

I ran into relationship issues and became homeless with no fixed abode.

I lost track of life in general and became very lackadaisical with money.

 

 

Circa Feb 2012 I received a call on my mobile from a man, whom never identified him self.

I answered. He told me I had not been keeping up with payments and I should hand my car back.

I said I'd check the bank and would report back. I never did get back to him.

 

In 2016 after hearing nothing about the debt for 4 years,

I started receiving numerous letters,

almost daily, from Link Financial at my current address (don't know how they found me) telling me I owe them £12k.

 

 

I didn't acknowledge the letters as I was under the assumption the debt would be "statute barred" within a few months.

 

 

After the date that I believed the debt was time barred,

they sent a letter telling me they would be passing it on to a law firm.

 

 

Several months and nothing.

Then a letter from this law firm appeared.

Strongly worded. A breakdown of what it says is:

 

- They are acting on behalf of Link.

 

- The agreement is now terminated.

 

- Their clients are the owners of the vehicle, they have been instructed to recover it along with a payment of £2200.

 

- The balance after the fact will be £9.8k however the sale of the vehicle will reduce the outstanding balance.

 

- Failure to pay and return the vehicle may result in court action being raised which may result in wage arrestment etc etc.

 

Now is this them just using scare tactics and upping their game, or do I have a case to answer here.

 

 

The facts from my end are:

- The last payment I made to the original creditor was August 2011

- On my credit report, the default date of the account is October 2011. An entry made by Link Financial.

- The car is not reported as stolen but does have a HPI marker.

- No CCJ or court action has been raised before.

- Approx 40% of the original agreement was paid, if it bares any relevance. After which I failed to keep up payments and the original creditor passed the debt on.

 

Advice very much appreciated. Extremely worried as I don't know if these are scare tactics or I could now be facing serious trouble.

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go write and tell kearns its extinquished under Scottish law.

please don't write again.

else you'll complain to the FDCA under CONC rules

 

 

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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