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zenmor
| 30-01-2010 10:01 PM |
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Joined: 24 Jan 2010 Posts: 6 | I posted this last week, but due to the worry its causing me, i'm in dire need of some advice. I believe the finance people will be chapping my door this week coming, any advice is most gratefull. I took out car finance with a company in the 1st 6months of 2001, i then had some serious personal issues, lost job after job. And I know the last acknowledgement from myself to anyone with regards the debt was in the 1st 6months of 2002 i believe March 2002. The car was then hoodwinked from me by an ex who got the documents from the dvla, long story...so i no longer have the car to give back. Over the past 8 years, i have had private investigators looking for me, and debt collection agents. I have never once spoken to any of them or written to any of them. They have gone to some of my previous addresses, my mothers, my neighbours and harrased them to contact me. Then last week I got a letter posted through my door, that wasn't in an envelope, with the heading "Charge for Payment of Money" and it lists the persuer(finance company) and defenders(me). It states that on May 11th 2005 a decree was granted at the sheriff court in scotland for the sum owed. They are looking for £18K in 14 days or furhter actions, ie bankrupcy or auction of belongings or both. I rent a full furnished flat, nothing in it is mine and i'm also unemployed. Where do I stand, i'm tired of hiding, its making me ill and it has affected how i live my life. I've read about the statute barred period, but does this appy here on this case. As I said I haven't acknowledged the debt in nearly 8 years. Help help help please.. Thanks for your time... |
| paladin | 01-02-2010 12:16 PM |
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Joined: 06 Jun 2007 Posts: 225 My Profile | zenmor I take it your car was on HP? This is important, so check your documents. I think you need to speak to someone immediately. Your local CAB or council will have debt experts who you can make appointments with. They'll go through your documents and see what can and can't be done. Statute bar doesn't come into it as the court made a decision about the debt back in 2005. In respect of the car, did you ever report it stolen? The DVLA only records who the registered keeper is, not the owner of it. If the car was bought under hire purchase then the HP company own the car, not you and not your ex. You are doing the right thing in terms of dealing with this problem. There's no point in making yoursefl ill over money. The worst thing which can happen is bankruptcy which clears your debts, which is causing you a lot of worry. Definitely don't ignore the decree, its quite serious. |
| Annie Nonymus | 01-02-2010 10:09 PM |
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Joined: 01 Feb 2010 Posts: 13 My Profile | Hi Zenmor I don't know who Paladin is but he or she knows his or her stuff. I have posted other messages this evening with a very common thread. The local CAB or local authority will be helpful, but go now to give them a reasonable chance to intervene. |
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zenmor
| 02-02-2010 07:11 PM |
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Joined: 24 Jan 2010 Posts: 6 | Hi thanks for the replies.. One question, if this decree was taking out against me in 2005, does that not mean that there has been more of these letter going to older adresses since 2005.. How long can these decree's stay live for...? I have no way of paying this money, I'm begining to think that bankrupcy is my only option now. I should have gone down this route years ago. I dont have any documentation with regards the actual hp agreement. How do I kick of the process of bankrupcy..? |
| DW George | 02-02-2010 08:04 PM |
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Joined: 01 May 2007 Posts: 401 My Profile | Hi zenmor, I've been following this thread and I think that you should go and see someone. In terms of your car it sounds as if your ex has stolen it! I don't know if the police would be interested in it at this late stage, but it may be worth getting a letter from a solicitor to your ex saying that he owes you money for the car. George |
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zenmor
| 02-02-2010 08:49 PM |
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Joined: 24 Jan 2010 Posts: 6 | hi again, At the time my car was stolen, i did inform the police, but they weren't interested. Thats when I just gave up on the car, now its a huge problem.. Thanks for the advice, I will seek the advice from the CAB.. But what do I do if the courts come chapping in the meantime.? I appreciate the help... |
