How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48776
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

In 2005 I bought a car on HP with welcome finance. This car

Customer Question

In 2005 I bought a car on HP with welcome finance. This car gave me so much trouble I asked them to take it back and stopped paying for it. They collected the car and I've heard nothing from them since. I was the sole borrower on the agreement. My wife and I subsequently separated and we divorced last year 2015. A few weeks ago debt collectors called at her house to try to collect what they say is a debt for the car. The debt was apparently sold to a company called something portfolio and they say she is responsible . Is this the case ?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 1 year ago.

How long after buying the car did you return it? Also do you have any correspondence relating to their agreement of the return and finance arrangement?

Customer: replied 1 year ago.
I'm not sure of those details it was a long time ago. I do have their collection paperwork however and I might have some more documents somewhere in the garage. I was thinking this might also be subject to the statute of limitations although I thought it was sorted years ago.
Expert:  Ben Jones replied 1 year ago.

OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Expert:  Ben Jones replied 1 year ago.

Many thanks for your patience. I am not sure why they have contacted her to pursue this debt because only the person who was on the agreement would have any legal liability for it. Just because you were married at the time does not mean that your debts are also hers and if you were the sole person on the agreement you will be the only one who has legal responsibility for it.

In terms of the statute of limitations this will depend on several factors. First of all, was there a specified date for payment? Let’s say you were supposed to pay a specified sum for a period of 4 years, with the last payment being due in 2009. The limitations period would then run from that date and it would be 6 years, meaning the debt would be too old to pursue now. However, if no specified repayment date was agreed, the limitation period would run from the date the creditor had requested payment for the debt, which could be now. The period can also be extended if you had made a payment or admitted the debt at any point and it could also start to run from either of those dates.

This is your basic legal position. I have more detailed advice for you in terms of the steps you should take if you believe you are no longer in time to have to pay this debt, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Expert:  Ben Jones replied 1 year ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Expert:  Ben Jones replied 1 year ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

Ben Jones and other Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.

Thank you. If you believe that you are no longer in time to pay this debt you can either ignore their requests or write one letter to advise them of this, you can find a template here:

https://1534-presscdn-0-63-pagely.netdna-ssl.com/wp-content/uploads/Statute-Barred-Template-Letter.pdf

Customer: replied 1 year ago.
Hello Ben, l have accepted your offer of a phone call
Expert:  Ben Jones replied 1 year ago.

Hello, I tried calling earlier but got no reply, I will try again later today, thanks

Expert:  Ben Jones replied 1 year ago.

Hi the couple of other times I tried it did not ring, just went straight to saying it is unavailable. I will next be available on Saturday, please let me know a convenient time and I will see if I am free then too, Thanks