Car HP company chasing me for debt after handing car back

[nicknock]

Hi

I took out HP on a car in 2015, paid what i thought was two thirds and asked to hand the car back.

It was a bit of a ridiculous situation at the time, I'd managed to get a load of car parking fines, because I hadn't entered my Reg correctly on the payment app. (It was a O not an 0) So I had to prove that I had in fact paid for parking but in the meantime the council towed the vehicle. Because the two thirds point had been reached I asked the HP company if they could retrieve the car whilst i went back and forth with the council who were refusing to budge until all the fines had been paid, even though i had proof of payment!

The HP company told me that they had retrieved the car and I thought that was the end of it. Fast forward to 2021 and I've received a letter saying the whole debt is owed. I haven't acknowledged the debt and said i would like an explanation of why they think I owe them anything and they've basically said that one payment was still due and not made at the time so i now owe the whole amount. In the case notes, they didn't retrieve the car either! and let the council dispose of it.

I checked my credit file and it isn't on one but is on another showing as defaulted in 2017. That's when i thought the agreement had ended!

They're threatening me with court action, but how can they come after me for the debt when i don't have the car after they chose not to retrieve it? Also, can they pursue a debt that started in 2015? I know the default is 2017 so not sure if it's 6 years from default or 6 years from the agreement being made?

Any advice welcome!

Thanks

[MIKE770]

redact and post copy of letter for peeps to see?

[nicknock]

Hi

Here you go. The agreement and other documents they refer to are protected by password and i don't want to ask for it in case that counts as acknowledgement of the debt!

[echat11]

R0b Can you please take a look and advise, many thanks.

[R0b]

Sorry but I don’t understand the story and what it is you are asking help with. First you talk about parking charges, then you talk about paying two thirds of the HP instalments and then you refer to a ‘debt’ but not clear what this debt is for.

Keeping it simple, can you answer some questions below.

1. What alleged debt is the HP company chasing?

2. Does that amount show on your credit file as a default? Are there any late payment markers prior to that?

3. Have you made a subject access request for all information and documents they hold on you? It sounds like you have but wanted to check.

4. Opening a password protected document does not legally admit a debt. You would need to be clear and specific to say that it is acknowledged such as saying you admit liability.

[nicknock]

Sorry but I don’t understand the story and what it is you are asking help with. First you talk about parking charges, then you talk about paying two thirds of the HP instalments and then you refer to a ‘debt’ but not clear what this debt is for.

Keeping it simple, can you answer some questions below.

1. What alleged debt is the HP company chasing?

2. Does that amount show on your credit file as a default? Are there any late payment markers prior to that?

3. Have you made a subject access request for all information and documents they hold on you? It sounds like you have but wanted to check.

4. Opening a password protected document does not legally admit a debt. You would need to be clear and specific to say that it is acknowledged such as saying you admit liability.

Hi

So ignore the parking charges they were sorted. My point was, the HP company didn't retrieve the car from the council when they said they would. As a result, they have pursued me for the remaining balance against the car, even though i had paid half and am not in possession of the car.

The account isn't showing on my Credit Karma report at all and I've just joined Equifax to see if it's on there. From memory there were a few late payments as I'm self-employed but nothing too awful. I paid it consistently for 2/3 years.

I haven't requested anything because everything i've read says don't put anything in writing as it can class as an acknowledgement and reset the statute barred limitations.

Thanks