Is Car Finance Unenforceable?

[Octagon]

Re: Is Car Finance Unenforceable?

Thanks very much to all for your input, help and advice. I will stay put for now and update with anything else that arises!

[Never-In-Doubt]

Re: Is Car Finance Unenforceable?

Thanks very much to all for your input, help and advice. I will stay put for now and update with anything else that arises!

Thats certainly what I'd do

[Octagon]

Hi all. This one has reared it's ugly hear again.

I now have a letter from a law firm but I am unsure of whether this is just the next step up in their game to try and strong arm me. To break it down, the letter seems to be smartly worded to look like a legal threat but there has never been any actual legal process started before. I have never aknowledged or replied to this debt.

We are now well beyond a 5 year period since the last time I paid anything to the original creditor and also the default date marked in my file.

From what I understand from BMW v Hart, the SB date was different because BMW never terminated the agreement. But in my case the original creditor sold on to a DCA, that is them terminating our agreement? Please correct me if I am wrong. I'd like to be armed with as much info as possible.

What it says in the letter is:
they are acting on behalf of Link. The agreement is terminated.
They have been instructed to recover vehicle and a payment of £2k after which the remaining balance will be £7k.
The remaining balance will be reduced if they sell the vehicle on.
If I do not pay up it may result in court action. Then a list of threats of what 'may' happen.
Don't ignore, phone right away. Their client may be prepared to negotiate.

[nightwatch]

sorry I have no idea about Car Finance, sure someone will look in soon . NW