Help Advice Wanted - Marlin FS

[Scotty1971manc]

Hi All,

 

Been reading for a while and think I also need some help, any given would be appreciated!

 

I have been contacted by Marlin FS saying that I owe 11K on a Higher Purchase agreement, this is around 9/10 years old and I have heard nothing from them up until this point. The orginal creditor was British Credit Trust.

 

I sent them a CCA letter and they have responded with my signed form.

 

I have started payments off this debt but would like to know what my position is, is this statute barred or not? and also is there any loopholes that I could look at.

 

Obviously I have moved a few times in the ten years but can honestly say I have never been forwarded any mail from British car Trust or anyone.

 

Any help would be appreciated.

 

Thanks

Scotty

[ScabHunter]

Hi Scotty and welcome to the CAG.

 

Has there definitely been a period of six consecutive years during which you neither made a payment nor acknowledged the alleged debt in writing?

 

(Assuming you are in England or Wales - substitute "five" for "six" if you are in Scotland)

 

SH

[Scotty1971manc]

Yes Scab at least 9 years.

 

Thanks for replying.

 

However, I have now started to make small payments. Does this affect my situation?

[cerberusalert]

Send them this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred

 

As long as there has been a clear period of six years without acknowledgement or payment from you then it is Statute Barred (five in Scotland).

[ScabHunter]

Yes Scab at least 9 years.

 

Thanks for replying.

 

However, I have now started to make small payments. Does this affect my situation?

 

Only to the extent that you are gifting monies to an undeserving organization. It has no effect on the alleged debt being statute barred.

 

Once a debt is statute barred, it will always be statute barred. There only has to be a clear period of six years somewhere in the account's history - it does not have to be the last six years.

 

SH

[Scotty1971manc]

Thanks both. Do I need to check anything else, do i need to check if I have a CCJ against this debt, and if so would this affect this?

[cerberusalert]

You can check on-line if you have a CCJ CCJs, court orders & fines - Search yourself and others - Trust Online which costs £8.

 

If there is a CCJ and the original creditor hasn't enforced it within 6 years they would have to apply to the court for permission to & show a very good reason why.

[Scotty1971manc]

Thanks, I will write the letter to Marlin FS and see what I get back, will also stop the standing order.

 

Thanks again guys.

[kurvaface]

Barred debts cannot be unbarred. Hold your ground on this.

[Scotty1971manc]

Thanks all, I have received a letter today and the matter is now closed and further action will not be taken. Thanks to all the good advice on here, I know what to do if any of these cowboys try it on again!

[cerberusalert]

Keep that letter safe in case another DCA crawls from under their rock sometime in the future. It would be wise to check your credit file too.