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Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Law
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Can a debt that is statute barred, become un-statute barred? I

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Can a debt that is statute barred, become un-statute barred?

I have a car loan that get messed up quite a while ago, I believe I owed about £1,500 on it, but the situation got confusing for both parties, and they didn't chase me for it in the end, but now I look back on it with a clearer mind, I do still owe the amount.

That was abut 8 years ago, so the amount owed is now statute barred I believe. There was no contact for the 8 years.

However, the finance company still have the finance registered on HPI. If I give the car back to them (it is worth less than £1,500), does this debt become un-statute barred and can they then chase me for the rest?

Thanks.

Max Lowry :

Hi, welcome to the site. I will help you with your question.

Max Lowry :

A debt only becomes live again, in two circumstances:

Max Lowry :

1. if you acknowledge the debt in writing; or

Max Lowry :

2. if you make a part payment towards the debt.

Max Lowry :

In these cases, the 6 year limitation period would start again.

Max Lowry :

I see no reason giving the car back would be wither (1) or (2) above, and so it should be fine.

Max Lowry :

Could I ask you to rate the answer as highly as possible for me please if this answers your question.

Customer:

Hi, If I give the car back to a debt collector acting on behalf of the company (who will of course sell it to settle part of the debt) is this classed as making a payment? Or should I ensure I only return the vehicle to the finance company? Any idea what I may say (briefly) so that it does not count as part payment towards my debt? Many thanks for your help...

Thanks for your question. Please remember to rate once you get my answer.

I can not see why you would give them the car?
Customer: replied 3 years ago.


i no longer want or need the car. Its taking up space. With finance registered, i cant sell it, dont know if could scrap it, but i need it gone now, i dont want it rotting on my driveway as dont use it. But i dont want to restart the clock by giving it back... So would giving it back restart the clock? Should i return it direct to finance comany? Whats best?!!


 


 

Strictly speaking there is no reason to return the vehicle to the finance company as it is your case that the car is now your car and not there car. I would be minded to write to them and advise that the money is not owed - their clam being statute barred under the Limitation Act 1980. I would ask them to remove the finance from your record so that you can now sell the car. I rather think that by returning the car to them you are at least implying that they have some ownership of the car now, which in your case they do not.

Please RATE and I will help further if necessary
Thomas Judge, Solicitor Advocate
Category: UK Law
Satisfied Customers: 32826
Experience: Award winning lawyer with over 15 years experience
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