Rules for statute barring of debts

[mauijim]

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

[Warwick65]

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

[Joanna Connolly Solicitors]

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 >

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 >

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

[mauijim]

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

[Joanna Connolly Solicitors]

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

[mauijim]

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

[Joanna Connolly Solicitors]

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

[Joanna Connolly Solicitors]

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

[mauijim]

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?

[Joanna Connolly Solicitors]

but I was thinking about it yesterday, and your post has now nudged me.

I must be psychic

Di

[mauijim]

I must be psychic

Di

I can't find the template, it says I don't have permission?

[Joanna Connolly Solicitors]

I can't find the template, it says I don't have permission?

The free template letters can be found here > https://all-about-debt.co.uk/forum/d...mplate-letters

The s77-79 CCA Request is in post #2

Let us know how you get on.

Di