Hi Everyone, Need Help with notice of Discontinuance.

[walkinghome]

Hi all,
apologies for the long post
The problem i am having is i have looked at my credit report and in my credit agreements i have one for RCI that looks like this

Terms 1 @ £2K Monthly
Balances limit £0
Start £11k
Current £ +4k
Default £7k
Effective Dates Start 08/2005
Default 10/2007
End 10/2007

Monthly status D66. 032100000

Dose this mean in my file i show as still owing £4K ?
More Info
At the time my 2year old son was very ill and yes my fault i didn't pay i had phoned (in sept) and said i would catch up with payments and i asked how i could resolve this, but was informed by RCI "we are coming to collect your car". the car was clamped late at night then recovered the next day Jan 2008 WITHOUT MY CONSENT i was in hospital with my son having chemo and knew nothing about this, my wife felt intimidated and had better things on her mind at the time and handed over the keys.
In jan 2009 i was sent a claim form from the court requesting nearly £6k
I defended this by saying i had paid over the third amount and at no time had i given my consent for them to take the car. Also the fact that i offered to pay/catch up with payments.
Straight after this i recieved a notice of Discontinuance from the solicitor.
Am i in my rights to get the above agreement removed or atleast stated settled.
I did not ask RCI for the money back i had already paid as at the time i was in no fit state to challange it. i was happy to just get rid of the added stress.

Thanks in advance

[miliitant]

Re: Hi Everyone, Need Help with notice of Discontinuance.

as they discontinued after you put in a defence then they would need the permission of the court to re-issue proceedings, you stand more chance of winning the lottery then than happening

part 38 discontinuence

the debt still exsists though, they can ask for you to pay but they cant sue you in the court

in you circumstance its best just to ignore all corresspondants up to the six year mark as its then under the statute of limitations and time barred

but thats me

the problem is if you start getting the agreement cancelled under unlawful recession of contract, that will prob take a year and by then it will be timed barred anyway

[walkinghome]

Re: Hi Everyone, Need Help with notice of Discontinuance.

Thanks Miliitant for the info, I thought it maybe better not to push it incase it came back to bite me.