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  • Rules for statute barring of debts

    Hi to all

    I have been living a near-normal life for many years now. I know many of my friends would not describe me this way!

    My three remaining debts are with RBS/Nat West; they have been total gits and offered nothing by way of support. One was an overdraft which they used dirty tactics to get me to a court claiming I had missed payments. It's a long story, but they won a £10K charge against my home; bar stewards!

    The other two are credit cards, £5K Nat West and £11K RBS. This saga has been going since November 2011, and various solicitors and DCAs were involved. I am paying £1 per month on both, but I am sure they will push for more in August when they perform the annual review.

    Do I have any other options? I am sure Niddy will tell me off for paying the £1, but I was in a dark place and needed the peace. I think Niddy said any payment I make amounts to admission so I cannot look at statute-barred?

    Any advice would be most welcome.

    MJ
    Some days you're the pigeon, some days you're the statue. I currently spend too many days as the statue......but thanks to this site not as many as I used to!

    sigpic

  • #2
    Hi Jim

    Did you ever send a cca request- I’m sure you did but worth asking.

    Yes any payments would reset SB so if you stopped now they would be SB in July 2026

    If the caa requests were UE then stop paying, if you haven’t sent one do it now.

    I suspect they are still with RBS?

    You don’t want to make Niddy angry

    By the way, you need to do what is right for you. You mental health comes first

    Comment


    • #3
      Originally posted by mauijim View Post
      The other two are credit cards, £5K Nat West and £11K RBS. This saga has been going since November 2011, and various solicitors and DCAs were involved. I am paying £1 per month on both, but I am sure they will push for more in August when they perform the annual review.
      No they won't even start to become Statute Barred until payments cease.

      Are they these two debts on your Diary >

      Originally posted by mauijim View Post
      Re: Maui Jim's UE Diary


      Nat West Visa
      • Type of account Credit Card
      • Date commenced Unsure but pre Apr 2007
      • Approx balance £5000
      • Date last paid (approx October 2010
      • Are you on arrangement or not paying Not paying
      • Status Defaulted 22/12/10
      • Account owner Triton Credit Services



      22/12/10 Letter saying account placed into Default
      22/12/10 Letter saying they accept payment of £1 per month
      16/02/11 Letter saying £1 payment accepted and to be reviewed in 6 months
      18/08/11 Stopped £1 payments as advised by Niddy12/10/11 Payment
      05/09/11 Letter saying I had failed to comply with £1 agreement. Threat to pass to DCA if payment not made immediately
      19/09/11 Letter saying no alternative but to commence further proceedings to recover the balance
      demand from Tryiton Credit Services
      7/10/11 Letter sent refusing doorstep visit and insisting all communication is performed in writing
      31/10/11 Letter from Tryiton saying "Urgent Action required" may need to visit you
      10/11/11 Tryiton sent letter "Notice of Legal Proceedings" I have uploaded a copy as it is one I have not seen before

      I have just taken a beating at the hands of Nat Pest so would like to follow this one correctly to ensure that I hopefully can beat the system on this occasion.

      I believe a CCA request would be my next move?

      and this one >


      Originally posted by mauijim View Post
      Re: Maui Jim's UE Diary

      The next one is near identical but it is an RBS Mastercard.

      RBS Mastercard
      • Type of account Credit Card
      • Date commenced Unsure but circa 1988
      • Approx balance £11500 (was £10,200 but charges increased it)
      • Date last paid approx October 2010
      • Are you on arrangement or not paying Not paying
      • Status No default notice received so kind of in limbo
      • Account owner Triton Credit Services

      17/12/2010 Letter from RBS advising a default sum had been applied due to late payment
      21/12/2010 Letter from RBS acknowledging my I&E is CCCS. Asks for further details of other debts but nothing sent
      22/12/10 Letter from RBS saying late payment fee of £12 applied
      18/02/2011 RBS letter with another default sum payment showing another £12 for late payment and £12 for over limit
      28/04/2011 Letter from Tryiton they have been instructed by RBS
      13/05/11 RBS sent I&E form and also say £1 not acceptable it must be £250 per month
      13/06/11 present payment of £1 unacceptable so being passed to Debt Recovery Dept
      18/08/2011 Stopped £1 payments as advised by Niddy
      05/09/2011 Letter from RBS saying I have failed to comply with agreement
      19/09/2011 Letter from RBS failed to respond so commending further proceedings to recover debt
      12/10/11 Letter from Tryiton saying RBS has passed account to them. It arrived 19/10/2011
      31/10/11 Letter from Tryiton saying "Urgent Action required" may need to visit you
      07/11/11 I send letter refusing door step visit and insist all correspondence is in writing
      10/11/11 Letter from Tryiton "Notice of Legal Proceedings" same as the copy shown above for Nat Pest but says RBS on it

      I can see you sent a CCA Request to both and Niddy deemed the NatWest 'enforceable' in January 2012. However I see that you believed the signature on the agreement was 'pasted' so some doubt on the 'honesty' of the document.

      I can also see there was some faffing about by RBS about a demand for a signature on your CCA Request which you sent to them four times! It appears that one was deemed 'unenforceable' but I could be wrong.

      Just clarify things before I make any suggestions.

      Di

      Legal Disclaimer

      I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0151 254 6986 Our initial advice is always free.

      Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

      Comment


      • #4
        Originally posted by Diana Mayhew View Post

        No they won't even start to become Statute Barred until payments cease.

        Are they these two debts on your Diary >




        and this one >





        I can see you sent a CCA Request to both and Niddy deemed the NatWest 'enforceable' in January 2012. However I see that you believed the signature on the agreement was 'pasted' so some doubt on the 'honesty' of the document.

        I can also see there was some faffing about by RBS about a demand for a signature on your CCA Request which you sent to them four times! It appears that one was deemed 'unenforceable' but I could be wrong.

        Just clarify things before I make any suggestions.

        Di
        Hi

        The Nat West signature did look like a cut and paste to me, but I cannot be 100%. The RBS saga took ages, and somehow they found a CCA from somewhere.

        MJ
        Some days you're the pigeon, some days you're the statue. I currently spend too many days as the statue......but thanks to this site not as many as I used to!

        sigpic

        Comment


        • #5
          Originally posted by mauijim View Post
          RBS saga took ages, and somehow they found a CCA from somewhere.

          MJ
          Did you get the RBS credit agreement checked for enforceability?

          Shall I assume that both of these debts are still with the original creditor (Im guessing the answer will be Yes)?

          If both credit agreements were produced in 2012 I’m wondering whether you should have them looked over again 8 years later or maybe send new CCA Requests in case they’re no longer available (that’s a long shot).

          Di

          Legal Disclaimer

          I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0151 254 6986 Our initial advice is always free.

          Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

          Comment


          • #6
            Originally posted by Diana Mayhew View Post

            Did you get the RBS credit agreement checked for enforceability?

            Shall I assume that both of these debts are still with the original creditor (Im guessing the answer will be Yes)?

            If both credit agreements were produced in 2012 I’m wondering whether you should have them looked over again 8 years later or maybe send new CCA Requests in case they’re no longer available (that’s a long shot).

            Di
            EDIT Yes, both debts are with RBS/Nat Pest

            I thought about asking for the agreements again. The review is in August, so when they write to me, I will reply with a request for CCAs on both cards. I will say an advisor is helping me following the COVID crisis and has advised me to request them.

            For now, I will let sleeping dogs lie!

            Thanks

            MJ
            Some days you're the pigeon, some days you're the statue. I currently spend too many days as the statue......but thanks to this site not as many as I used to!

            sigpic

            Comment


            • #7
              Originally posted by mauijim View Post
              review is in August, so when they write to me, I will reply with a request for CCAs on both cards. I will say an advisor is helping me following the COVID crisis and has advised me to request them.

              For now, I will let sleeping dogs lie!
              That sounds like a plan

              However I wouldn't tell them an "adviser" suggested it in case that flags up trouble.

              Just send the requests.

              Di
              Legal Disclaimer

              I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0151 254 6986 Our initial advice is always free.

              Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

              Comment


              • #8
                Originally posted by mauijim View Post

                EDIT Yes, both debts are with RBS/Nat Pest

                I thought about asking for the agreements again. The review is in August, so when they write to me, I will reply with a request for CCAs on both cards. I will say an advisor is helping me following the COVID crisis and has advised me to request them.

                For now, I will let sleeping dogs lie!

                Thanks

                MJ

                Did you decide to send those CCA Requests or did you let sleeping dogs lie?

                Di
                Legal Disclaimer

                I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0151 254 6986 Our initial advice is always free.

                Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                Comment


                • #9
                  I have yet to ask for the CCAs on these cards, but I was thinking about it yesterday, and your post has now nudged me. I will send the requests in the next couple of days. Please can someone post a link to the CCA request template?
                  Some days you're the pigeon, some days you're the statue. I currently spend too many days as the statue......but thanks to this site not as many as I used to!

                  sigpic

                  Comment


                  • #10
                    Originally posted by mauijim View Post
                    but I was thinking about it yesterday, and your post has now nudged me.

                    I must be psychic

                    Di



                    Legal Disclaimer

                    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0151 254 6986 Our initial advice is always free.

                    Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

                    Comment


                    • #11
                      Originally posted by Diana Mayhew View Post


                      I must be psychic

                      Di




                      I can't find the template, it says I don't have permission?
                      Some days you're the pigeon, some days you're the statue. I currently spend too many days as the statue......but thanks to this site not as many as I used to!

                      sigpic

                      Comment

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