lowell and fredricksons chasing returned car finance from 2003

[jimmid]

I have a very old debt with black horse for a car loan (started 4/11/2003)

 

shortly after I had money Problems and BH suggested taking car back and selling it to clear most of the debt.

 

I have not spoken or witten to them since 2005,

 

yet this year I recieved a letter from lowells saying they owned the debt and put a default notice on my CR on19/8/2010.

 

I have ignored them and have now recieved a letter before action from Fredricksons dated 23/01/2014.

 

I have not spoken or acknowledged this debt for at least8+ years,

 

can anyone advise what I should do or not do please. (Q. SB maybe)

[jimmid]

sorry, further to above info. the debt is £8242.00

[unclebulgaria67]

Yes if more than 6 years has passed since any debt would have been incurred on the defaulted loan, then send the statute barred letter by recorded delivery. I say recorded because the letter before action is normal a signal that a court claim may follow.

 

I would also question the actual default date that has been put on your credit record. Perhaps you should also make a complaint to the Data Protection Officer at Lowells if the default information they have posted is wrong. If you handed the car back in 2005, they should have sold the car within say a maximum of 6 months and by now any default information should no longer be on your credit record.

[jimmid]

hi, thanks for prompt reply....

 

..just to check,

 

the car was sold within 3 months and

 

I argeed then to pay £10 per month.

 

I stopped paying in early 2005 and although recieved letters,

I never contacted them again.

 

its only when 3 months before debt would have been 6 years old

lowell put the default on my CR.

and now threaten me with court costs, sol. fees,etc.

[dx100uk]

usual trick for BH to pull.

 

they allowed you to VS the vehicle

rather that doing a VT

 

sadly VS exposes you to the full agreement payback

and the car being sold [supposedly] fpr a fraction of its worth

 

the real truth is it get sold via credit to someone else on a new deal

and they get paid twice

 

get an sar off to BH.

 

even though it 'appears' the debt is SB'd

it prob is not

as if BH did not default the loan and terminated it

it will still be live

 

dx

[jimmid]

hi, where can I get SB letter hints pls...

[jimmid]

what is a SAR ?

[havinastella]

http://www.consumeractiongroup.co.uk/forum/showthread.php?387368-Letter-to-be-sent-when-debt-is-Statute-Barred%281-Viewing%29-nbsp

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387306-Full-Subject-Access-Request

[Peterbard]

usual trick for BH to pull.

 

they allowed you to VS the vehicle

rather that doing a VT

 

sadly VS exposes you to the full agreement payback

and the car being sold [supposedly] fpr a fraction of its worth

 

the real truth is it get sold via credit to someone else on a new deal

and they get paid twice

 

get an sar off to BH.

 

even though it 'appears' the debt is SB'd

it prob is not

as if BH did not default the loan and terminated it

it will still be live

 

dx

 

I think the agreement would have to be terminated on the return of the vehicle, the accrual of COA would be reset by any subsequent payment of the defaulted balance.

 

I would work on the assumption that the last payment represented the start of the clock in this instance.

[dx100uk]

as said.

 

dx

[fletch70]

as said.

 

dx

 

?

 

I am inclined to agree that in this case the date of last payment will be the start of the limitations clock.

 

My reasoning is, when they accepted the car back and sold it they accepted that the contract was over. The issue of the default notice is a red herring although it would be needed for court action.

 

This is why statute barred is so very complicated and there is no one size fits all

[jimmid]

many thanks to all of you.......1st action SB followed by SAR and then see what happens ehh.

regards...

[jimmid]

hi all, sent sb letter on mon.28/1/14, they recieved and signed for it on tues @~ 7.33am. what is the deadline for them to reply ?

[dx100uk]

none

 

dx