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  • #1

    Statue barred?

    Hi,

    This is all new, I have had a little read and would like to ask for some help. Stupidly many years I signed a joint HP agreement 03. We parted ways and I was lead to believe that the car had been refinanced to remove me from the agreement 04. After checking my credit file in 09 I discovered that there were two defaults for the HP agreement and a bogus loan. The load agreement was to settle an old joint loan, which clearly stated "amount used to settle account xxxx" The new CCA did not have my details anywhere on the agreement.

    I requested a SAR, they sent what may be an original signed agreement for the HP and a modified agreement - I disputed being responsible for the debt as there was a modified agreement which I had not signed where someone else had initialled (I hope that this has not extended the statue barred period).
    They sent a statement of account and the other person last made a payment in Oct 07. The HP was defaulted well over six years ago, from memory the default dropped off back in 2012.
    I received a letter from DCA towards the end of last year, I have had a few but I have just added them to the rest of the paperwork from the SAR.

    DCA have sent the following types of letters
    • We need to discuss your account
    • We have importance changes to discuss about your circumstances
    • letters from their solicitors (these had codes on, a quick google brought back info that this is common practice with them)
    • today a letter offering to make a payment via DD each month which would take 80+ years to pay off or a 20% reduction for payment in full


    Other than that I have heard nothing, until last year from the lender or DCA. So not really sure what to do, don't want to send the statue barred letter to make myself look silly and be forced to pay a massive debt.

    Any advice would be much appreciated thanks
    Tags: 1st, 2012, 2015, 2nd, advice, bogus, car, cca, charges, cra, credit, credit rating, dca, debt, default, defaulted, defaults, details, equifax, finance, fos, fraud, google, letter, list, loan, pay, payments, police, rating, sar, solicitors, statue barred
  • #2
    Re: Statue barred?

    welcome to AAD

    sounds a bit like someone committed fraud back a while, did you report this to the police or was this an ex partner?

    Comment

    • #3
      Re: Statue barred?

      Thanks

      Ex, unfortunately. I complained that it had nothing to do with me as he had supposedly refinanced to take me off but when I got the paperwork back it showed a modified agreement, to reduce the payments and extend the term. Even though I had not signed the modified thing I was told that it simply defaults back to the original agreement. I tried to complain to the ombudsman that the default etc were incorrect as the dates did not match letters but they weren't really helpful saying due to the date they couldn't really help. So left it at that as I didn't know what to do and here I am today . . . . . . Glad I found this forum, don't know if I can do anything but I'm going to have a real good read to see it I can

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      • #4
        Re: Statue barred?

        who signed the CCA that was to pay off the HP agreement you mention in your initial post?

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        • #5
          Re: Statue barred?

          Hi there,


          It wasn't, there was a joint loan which was renewed solely by him but the new agreement clearly sets out that it was used to settle an old joint loan which I didn't know existed. But no that had nothing to do with the HP.
          Looking through the SAR, it looks like he tried to surrender the car but they wouldn't take it back. That's a whole other story that I won't bore you with . . .

          Comment

          • #6
            Re: Statue barred?

            Well if your name isn't on the agreement you need to formally complain then go to the FOS and demand compo - a lot!! The damage to your credit rating is unforgivable.
            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

            Comment

            • #7
              Re: Statue barred?

              Thanks for the replies.


              Am I right in thinking that as I was on the HP agreement which was last paid/acknowledged in 2007 that this is now statue barred? Or because of the SAR and half hearted complaint in 09 would this extended the six years to 2015?


              They added two defaults to my credit file when there should have only been the one, I think I remember it also showed four at one point. Different account numbers or something along those lines, it was a long time ago and can't really remember. Complained to equifax and received a reply from the finance company. Do that count as admitting owing?


              Should I complain as the DCA are still pursuing me for the HP? Sorry for all the questions it's a minefield :-(

              Comment

              • #8
                Re: Statue barred?

                Do you have copies of both agreements?
                Are you being chased for the 1st or 2nd agreement debt?
                Are you saying that there is a default on your credit record for an agreement that you did not sign and had no knowledge of?

                Comment

                • #9
                  Re: Statue barred?

                  Hi ATW,

                  I have copies from the SAR these are as follows:
                  HP Agreement taken out in 2003 - I have pages 2 & 3 of 5 (consisting of 22 pages relating to this which they sent). I have statement of accounts that have different account numbers?

                  Original account number 1: taken out 2003 (signed, however agreement shows different surname and DOB on form for me) statement shows pay off and principal credit adjustment in 2004 due to modified agreement extending the term and amount payable (this I did not sign)

                  Modified agreement account number 2: opened with modified disbursement debit balance. The statement shows heavily reduced regular payments till 2007 then they stopped.
                  I have a notice of default letter dated 2004, upon checking the CRA in 2009 they had not recorded the default until 2005/6 as it dropped off in 2011/12. There is also nearly 5K in optional insurances including finance charges does that sound right?


                  Loan: I was on a joint loan opened in 2002. This looks like it may have been a modification as it says amount used to settle account number 1 but clearly says personal loan agreement, with no details of mine entered as the second applicant.
                  The statement shows opened with rewrite disbursement. As far as I can make out, he took out/renewed a loan paid off the old joint loan but they were somehow linking this new one to me. Roughly same dates as above with the defaults as they were all registered together. Maybe they defaulted the original account numbers and then defaulted the new account numbers and that's why there was four defaults on my credit file.

                  Thanks again

                  Comment

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