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Last payment made June 2010, default date 2013?

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  • Last payment made June 2010, default date 2013?

    Hi I'm hoping someone can help, I've looked over several boards and sites but cant get it clear in my head what to do.

    in early 2009 I took a car on hire purchase, in early June 2010 my life fell apart, I had to end a 10 year relationship, walk away from my home, was homeless for 9 months and deemed unfit to practice in my nursing degree (I was diagnosed with PTSD)
    I contacted Blackhorse and explained the situation and seen if there was a way to make token payments until my situation improved, they told me a sum I could not afford at all and that my credit record would be affected.
    my car was returned after approx. 7 months of me asking them to take it back so early 2011.
    I had moved to a new address and was on the electoral role and heard nothing more and assumed my debt was cleared with the sale of the car.

    6 years have passed and I looked at my credit file last week and was alarmed to see Blackhorse had defaulted me after 29 missed payments and I still have another 3 years before this has gone.
    the account was closed in 2013 and a balance of 2.5k remains.
    since I have not made any payment or been contacted by debt collection agencies in this time I'm really confused why the defaulted date was not earlier than almost 3 years without negotiation or payments.

    I filled in a Blackhorse complaint online form a few days ago but I'm now scared to take the call in case it all reopens as I live in Scotland and technically I believe the debt should be statute barred now?

  • #2
    Re: Last payment made June 2010, default date 2013?

    welcome to AAD

    Hire Purchase agreements have different rules depending on who wrote them! A few questions

    was it actually hire purchase not anything else?

    Did you receive a default notice?
    Why did it take so long for the car to be returned?
    If you were sofa surfing etc are you sure no correspondence was sent to your previous address? and was there anyone there who could have opened/destroyed it?
    Do you have the original paperwork?
    Do you have the return paperwork?
    Don't talk to them or write to them in any shape or form until we get this sorted, you shouldn't be admitting anything at all, debts are extinguished in Scotland when they become SB but a great many DCAs/finance companies/banks don't quite understand the Scottish procedures so will bash ahead anyway and that makes it more difficult to sort this out, so no contact at all please.


    • #3
      Re: Last payment made June 2010, default date 2013?

      I was put up in council temporary homeless accommodation and left my house with only clothing, no paperwork at all.
      My ex probably binned any letters as I never received anything.
      When I intitally contacted them to offer reduced payments they weren't interested. I had to apply for job seekers and was getting basic benefits.
      I don't know why it took a few months for the car to be repossessed as I contacted them and a man came out to fill in details early 2011.
      I had debts from other places which are now off my file and they had all managed to find my new address or place it with debt collectors, they debt was never moved on or taken to court. It was closed unsettled in oct 2013 but I don't know why that's the default date and not the first missed payment 6 month guideline?

      Thank you X


      • #4
        Re: Last payment made June 2010, default date 2013?

        Sorry it was finance with Blackhorse I'd paid £3.400 of the £9.200 debt already and the sale must have taken It down another 4K


        • #5
          Re: Last payment made June 2010, default date 2013?

          I am not an expert in car finance because it has it's own quirks, but if they haven't found you and the only problem is the default with the CRA, I'd lie low until the five years are up. As you have no paperwork, you're going to poke them if you start asking questions and alert them to where you are.

          How much is against the default, is it more than you expected?

          bear in mind it doesn't matter how much it is if you ain't going to pay it................