Unlawful Car reposession and statute barred

[judgemental24]

Morning all, first post:

I had a Car repossessed unlawfully 4 years ago off private land by a recovery agent when i fell upon hard times. The creditor was one of the sub-prime outfits

A complaint was sent to the creditor in writing for which i received the usual corporate sensitivity response

This account became statute barred a few months ago from the last payment made.

Can the creditor, now in the hands of a debt collection agency use that letter of complaint as acknowledging the debt so the statute of limitations start from the date of my letter, not from last payment??

Bear in mind the repossession was unlawful, can the debt collection agency use that unlawful act as a persuasion to extend the statute of limitations?

[judgemental24]

Re: Unlawful Car reposession and statute barred

Quick Bump to the top of the pile

[Amethyst]

Re: Unlawful Car reposession and statute barred

Hi Judgmental - sorry your post was overlooked xx

Presumably your letter acknowledged the debt - if it referred to the debt and was complaining about it or the car repo etc, then it would have been, so yes they can take that as the start of the limitations period.

So last payment made to repo would have been a few months presumably - when was your last letter about the issue sent ? Are the DCA threatening court action and what have you said to them recently - just that it is statute barred and to go away ? or did you acknowledge the debt ?

Also, why unlawful repo ?

[judgemental24]

Re: Unlawful Car reposession and statute barred

The repo was unlawful as it was taken from a private car park with no consent given

The letter i sent to the creditor did not mention any debt, it stated that as the repo was unlawful and addressed to their complaints procedure that they were in breach of contract

The statute barred has now expired from the last payment made 2009
They did not make further contact or repo the vehicle until 2 years later

It has now been sold to a DCA IN 2013, and subsequently to another DCA last year. I have since moved. I have never had any contact with any DCA over this matter.

The repo was Unlawful without a court order, so can they use that unlawful act to extend the statute limitations.

Can the DCA now profit through an unlawful act??

This latest DCA has been quite persistent including visiting my previous address

[Amethyst]

Re: Unlawful Car reposession and statute barred

Depends hugely on the contract you had with the lender. The DCA didn't repossess the car, just purchased the outstanding debt. So the last acknowledgement will be that letter complaining about the repossession - presumably it went no further after your complaint ? Letters asking you for shortfall etc ? It is likely you have another 2 years to go on limitations so may be worth looking into the repossession a bit closer to see if it does actually give you a defence against the DCA's claim. How much had you paid etc? Also see if the DCA have a copy of the agreement. Presumably the debt is the shortfall.