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Original poster

Car finance, can i have the debt wiped

32 replies

Chocolate2020 · 24/04/2021 14:21

I got a car on finance 8 years ago amd found out i was pregnant not long later.

I made on time payments for 2 years until i fell pregnant again and a cock up with my insuramce made me unable to make payments as i couldnt afford the payment increase so i gave the car back .

I left work and 6 years later i havemt been able to repay the £3000 debt.

Can i now get this written off?

OP posts:
GivenchyDahhling · 24/04/2021 14:24

Debt doesn’t get “written off”, but after six years the creditor needs to get permission from the court before they could legally enforce it (eg through a CCJ). Additionally, after six years it shouldn’t show on your credit file so to that extent it’s “gone”, but you would need to check your credit report to be sure.

FinallyFluid · 24/04/2021 14:36

No

Melonportal · 24/04/2021 14:38

What's been happening for the last 6 years? Have you been making payments towards the debt? What arrangements have you made with them?

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haggistramp · 24/04/2021 14:50

After 6 years (5 in scotland) debt becomes time barred meaning they can't legally force you to repay it, and it drops off your credit file. So to all intents and purposes it disappears I guess. What will happen is that it will be sold to a debt collecting agency for pennies who may try to scare you into paying it but they have no legal recourse so you are also free to ignore them.

Crankley · 24/04/2021 14:50

If you loaned a friend £6k or sold sold them something for £6k, would you be happy to have the debt 'written off?' I doubt you would and nor does the car company. What have you done in the last six years to make any effort pay it back?

Crankley · 24/04/2021 14:53

What will happen is that it will be sold to a debt collecting agency for pennies who may try to scare you into paying it but they have no legal recourse so you are also free to ignore them.

Tell that to those who due to debt have had their cars and other household possessions removed by bailiffs which are then sold for virtually nothing to pay towards their debt.

Skyliner001 · 24/04/2021 14:55

@GivenchyDahhling that is incorrect information. After six years you cannot get a County Court judgement. A creditor has to apply for a County Court judgement prior to the six year deadline, Six years starts from the date of the first missed payment.After six years they can still pursue the debt but they can't do anything to retrieve it. The debt will still exist, but you don't have to pay it, I suggest you speak to citizens advice

rainbowthoughts · 24/04/2021 14:59

What has happened in the years since?

Wiglio · 24/04/2021 15:04

Who do you think would end up paying if the debt was written off? Debts don’t just disappear

Melonportal · 24/04/2021 15:09

In England and Wales, debts only become statute barred after 6 years if, during that time, the debtor hasn't acknowledged the debt or made payments, and the creditor hasn't taken action (like applying for a CCJ) to recover the money owed.

Until the OP provides further information, no one can say whether this particular debt is statute barred.

Melonportal · 24/04/2021 15:10

OP- if you can't afford to pay your debts, I suggest you get advice from an organisation like Stepchange

Original poster
Chocolate2020 · 24/04/2021 16:06

I told them i couldnt repay it for a lomg time, i did get letters and then they stopped but then i got one out of the blue saying somthing about the debt no longer being there... But when i called it was still there as i was ablento start repaying and then corona hit and i could no longer make the payments.
I was just wondering as its been so long should i even bother now as its been so. Long.

OP posts:
TakeYourFinalPosition · 24/04/2021 16:12

*In England and Wales, debts only become statute barred after 6 years if, during that time, the debtor hasn't acknowledged the debt or made payments, and the creditor hasn't taken action (like applying for a CCJ) to recover the money owed.

Until the OP provides further information, no one can say whether this particular debt is statute barred.*

This. OP, when did you last have contact with them? It sounds fairly recent?

If you’ve had no contact in six years, and they haven’t already got a CCJ, then it could be statute barred... if it’s not, they still have legal options to try and collect the debt.

rainbowthoughts · 24/04/2021 16:13

When did you last pay?

When did you last talk to them about the debt?

RoseRedRoseBlue · 24/04/2021 16:14

Don’t you think you have an obligation to pay this debt back?

PatriciaHolm · 24/04/2021 16:21

If you made payments a year or so ago, then stopped, then no the debt is not statute barred and the company can pursue it/take you to court.

TheVolturi · 24/04/2021 16:22

Seems like quite a few excuses here tbh, got pregnant, got pregnant again, corona hit. If you take finance you should pay it off or expect to suffer the consequences.

MadeForThis · 24/04/2021 16:30

There needs to be no correspondence or debt repayments made for 6 years before it becomes statute barred.

If you made repayments last year then the sect is still active and they can get a ccj against you.

nellly · 24/04/2021 16:50

@TakeYourFinalPosition is right, it's not as simple as it disappearing after 6 years Hmm

okokok000 · 24/04/2021 16:56

If you have acknowledged the debt and / or made payments either action would reset time (ie) the 6 years begins to run again PROVIDED limitation had not already expired at the time of the acknowledgement or payment.

If the creditor already has a judgment, the limitation argument is a red herring. The creditor could enforce a judgment after 6 years with the permission of the court.

(Note: I've not extracted this of google, I am a solicitor and have a lot of experience in this area).

emilyfrost · 24/04/2021 16:56

The debt isn’t statute barred because they’ve contacted you and you’ve made repayments. You are still liable to pay it back off.

Why do you think it would just be written off? ConfusedHmm

PricklesAndSpikes · 24/04/2021 17:21

Something just isn't adding up here. Have you posted about this before? Something sounds familiar! What cock up with what insurance meant you couldn't pay your finance obligations? How on earth did you think it was wise to have another child when you couldn't pay the debts you owed? And are you saying that for 6 years you just stuck your head in the sand and didn't pay anything? Did you offer to pay something? What did they say? Why on earth do you think you should just be able to write your debts off? Should everyone be allowed to do that? Just take out finance and then not pay?

GreyhoundG1rl · 24/04/2021 17:24

Written off?! Of course you can't get it written off.

You getting pregnant twice appears to be utterly irrelevant, as does your insurance leaving you unable to finance the debt Confused

Userguaranteed · 24/04/2021 18:15

@PricklesAndSpikes

Something just isn't adding up here. Have you posted about this before? Something sounds familiar! What cock up with what insurance meant you couldn't pay your finance obligations? How on earth did you think it was wise to have another child when you couldn't pay the debts you owed? And are you saying that for 6 years you just stuck your head in the sand and didn't pay anything? Did you offer to pay something? What did they say? Why on earth do you think you should just be able to write your debts off? Should everyone be allowed to do that? Just take out finance and then not pay?
Don't know OP's actual situation but some people really think this way and it's why they have no qualms "buying" something they really can't afford to pay off!
JackieTheFart · 24/04/2021 18:47

Why didn’t you contact them and ask them to take the car back as you couldn’t afford it?

I assume you needed a car.

In which case, you’re not coming out of this unscathed. You’ll be lucky a bailiff doesn’t seize the car.