At long last I am claiming life back

[Selinek]

Its true the Statute Bar is taken from the Default Notice BUT if a Account hasn't been Defaulted by MBNA the Assignment CLOSED the Account in any case.The date of Assignment seems to be now more than 6 years ago!
So don't be blinded in this CASE by the Default Notice!

Can't see when this was from your Diary BUT lets take the 16/10/17 when S.78 recieved from IDEM Stopped Paying Nov 2017 so I presume you last paid Oct 2017
This plus 6 years and 1 month would be Nov 2023

".. I stopped paying paying nov 2017. I made initial offer 25/11/2017 and made an updated offer 18/01/2018. I am assuming that SB would start from 2018?
What is important here is did you use a AAD templates to make that 18/01/2018 offer?

The Tech Clerk
Comment is very pertinent! ".. after all this time wonders why no proceedings! .."

Its nolonger being reported (implying it was once but after 6 years has ceased)

Taking your worst case Date 18/01/2018 6 years plus 1 month 18/02/2024 thats what 4 months difference negligable.

I personally have never raised Statute Bar with a DCA instead kept my calculations to myself. Never asked for DSAR unless I had been threatened!

SILENCE at this time wait and see what they do next!

Sound advise Roger, Thank you . At the time of publishing my diary back in 2017 I was very much a noobie. and was planning F&F, but soon realised there were other options as I explored ADD. I will review and amend my diary so its clearer. Whether I have reached SB or in Feb 24 I plan to keep quiet.

[SarahSarah]

Sound advice Roger, Thank you . At the time of publishing my diary back in 2017 I was very much a noobie. and was planning F&F, but soon realised there were other options as I explored ADD. I will review and amend my diary so it's clearer. Whether I have reached SB or in Feb 24 I plan to keep quiet.

Interested to see what happens here, I'm in a similar situation with unclear SB start time... Good luck! Please let us know what happens...

[Selinek]

Interested to see what happens here, I'm in a similar situation with unclear SB start time... Good luck! Please let us know what happens...

No problem. I will let you know if anything happens. Good luck to you too

[Selinek]

Citi financial

• Type of account: credit card
• Date commenced pre 2007
• Approx balance: £1119
• Date last paid: 2008
• on DMP SC until November 2017
• Now self managed: Not paid November 2017
• Status :defaulted. Defaulted ,dropped off my credit file
• Account owner : 1st Credit
• CCA request sent 11/09/17.
• Statute Bar 23/11/2023

Received letter stating that account is on hold until information has been found.

I know it’s a waiting game

Updates
22/12/17

was only thinking yesterday how quiet it has been. A “true” copy of Agreement bent sent today. Even though my address is there the agreement could be for anything. I could be wrong but I will send to niddy after the festivities. Merry crimbo

29/01/18

Niddy says its . 1st Credit have been in touch expecting to be paid! I would imagine letters and phone calls will start as I am not paying. Any ideas what I do next I don't have the stomach waiting for 6 year statue barred.


Hi Some guidance would be appreciated. I have received a letter from 1st credit paying they are " considering " county court action. What do I need to do ? Had a CCJ some years ago , now got rid and all defaults removed from CF. Credit is looking good , not wanting to undo that.

Thanks in advance

Updates:
February 2018 1st credit sent letters one threatening to consider court action:

Great advice from ADD+ to sent missing PT letter and SAR to Citi Financial


March 2018: Letter from 1st Credit for me to contact them regarding a discount they are willing to offer... FILED away
Letter from Intrum in response to missing PT letter. Of course they believe the agreement in enforceable and want paying . More great advice from ADD+ will send to 2nd agreement to Niddy to be doubly sure and possibly SAR Stepchange as well .

Just waiting for SAR response for Citi Financial , then take it from there


UPDATE: 24/04/18

Received response to SAR. Sent originally to 1st credit. Received a letter from Canada Square operations stating they will be dealing with request. I have received over 400 pages of paperwork. Surprisingly I have received a copy of the EGG loan agreement and credit card agreement made in the early 2000's. These debts are currently owned by Link. I must say I was surprised to see the agreements , baring in mind I had not heard from Link after sending a CCA last year. They have stepped up their phone calls recently. Have I shot myself in the foot by asking for SAR ? Shall I send the EGG agreements to NIDDY to have look at. In terms of Citi financial they have sent another agreement. Apparently according the letter one is the "original CCA" the other is "the current CCA" One has my current address on it the other has my old address on it. It looks like the one sent from 1st credit from CCA request. Shall I send this NIDDY again too. Any advice would be greatly appreciated

Great Advice from Roger . Thank you

Update: 28/06/18

Letter from Intrum dated 24.04.18 informing me of change of name from 1st Credit: Filed

Letter from Intrum dated 15/06/18 offering a reduction off outstanding amount. Ignored filed

Letter from Intrum received today, dated 25/06/18: Heading YOUR ACCOUNT WILL SHORTLY BE PASSED TO OUR INTERNAL LEGAL DEPARTMENT. They go onto to say " your account will be passed our legal department to consider county court proceedings. They then list the consequences of a judgment attachment to earnings , warrant of control charging order. They don't want to pursue this course of action . They have given me 10 days to contact them to prevent further action. Of course I have no intention of contacting them. Do I just wait to hear from their legal department. Just so I'm clear does a letter before claim need to be sent before they actually go ahead and obtain a CCJ?

01/07/18
Just a query : After receiving the letter from Intrum I was prompted to finish wading through the the paper work sent by Canada Square ( acting on behalf of Citi ) ; in reposes to my SAR: all 1100 pages I was confused as they sent me details of my old EGG accounts. Roger put me right ,on why this was the case..what a relief. Had a look at the Citi Financial details sent me. I have all the contract details and application dates etc re EGG accounts but not so much for Citi . Canada square sent me the same copies of the credit agreements requested to 1st Credit. They have been sent what they call "the “original” agreement" with 2003 date interesting part is the year at the top of one agreements is 2008, but statements for citi cards start 2003. Both are the same as ones sent to Niddy. According to the wording from Intrum (see above) they are likely to pass onto their legal team for pursue a CCJ. Will this will discrepancy be my defence ? I know I should wait just want to get in mind what my plans will be.

Thanks in advance

UPDATE 09/07/18
Received letter from intrum's legal department dated 06/07/18 stating the account will be passed to their solicitors with the intention of issuing a letter before claim in accordance with the formal legal proceedings. They have given me 10days to get in touch to arrange payment. No doubt they are going to take matters further. Is there anything I need to do before hand or do I sit tight and be in touch once I receive the LBC.


UPDATE: 31/07/18 Letter from Intrum. Letter dated 17/07/18 responding to Final Response Letter. The are adamant they have complied with the Act with the following reasons. I did precis .. hope it makes sense


The answer section 78 of act . There are various things that maybe omitted...

1)Subject to the following provisions of these regulations , every copy of an executed agreement security instrument or other document referred to in the act and delivered or sent to debtor and any provision of the act should be a true copy thereof

2)There maybe omitted from any such copy

b) Any signature box or date of signature.

Creditors are not required tp provide a copy bearing signatures. They quote "this was confirmed by Judge Waksman in Carey v HSBC 2009. They go on to confirm they canned reconstitued copies which was enclosed with a letter they sent me in December 17. A statement of the terms of the agreement as varied has been provided to me

A statement account given from Dec 17

Compliance with section 61

They have sent an income and expediture for me to complete with a offer of payment

They have put account on hold for 30 days. they will pursue recovering the outstanding amount. Is this a standard letter they send out to give the impression that they are in the right and I am in the wrong?

UPDATE: 01/10/18: 11/08/18: Final response letter sent

Letter from Intrum, dated 20/08/18 responding to above. They wrote they provided a copy agreement with my signature nd varied terms I force at the time. Income and expenditure sheets sent to complete to . Account put on hold leaving with the outstanding monies will be recovered.

Letter from Intrum dated 25/09/18 : Want me to contact to discuss the status of account. If I don't respond in 10 days they may instruct their solicitors to commence legal proceedings : I will wait it out, Filed

UPDATE: 12/11/18

18/10/18: Very nice letter from Intrum giving a statement of account and advising they have convenient options to pay. They go on to talk about GDPR. Interesting baring in mind they were going take action : Filed

05/11/18: Letter from Intrum stating they will not be pursuing litigation at this point after reviewing my account . My account will be transferred from the Legal Department back to collections
I am asked to contact them with 10 days to discuss payment options : Filed will see what happens next

UPDATE:

09/11/18: Letter from intrum offering a 30% discount : Filed

UPDATE: 16/05/19: Letter from intrum offering a 50% discount : Filed

UPDATE: 07/08/19 : Letter from intrum offering a 65% discount: Filed

UPDATE: 13/08/19: Letter from intrum advising if I do not contact the m in 7 days they will pass my account to Resolvecall: Had this before with another company: Will send harassment letter.

UPDATE: Letter from Resolvecall. Dated 19/08/19 received today. I must contact them in 7 days or have a home visit. Door step letter will be send recorded tomorrow. Worked last time, heard they still turned up at someone house, but will see

---

05/10/22

Letters from Intrum continue offering discount each month


UPDATE:

09/02/23

Letter from Intrum offering a discount : Filed




10/01/2024

November 2023: Letter from Intrum advising account will be passed onto Resolvecall. They pre warn me that RC specialise in making home visits: Filed

November 2023: Letter from Resolvecall advising they are managing the account on behalf of Intrum. RC asked me to contact within 7 days or I will receive a visit. Filed

10/01/23: Received a visit from Resolvecall Rep. I was working from home, didn't answer the door . Rep left card for me to call. I will send trespasser letter. Remind me what do I do if they visit again? I take it I dont mention this is statue barred

[Still Waving]

10/01/23: Received a visit from Resolvecall Rep. I was working from home, didn't answer the door . Rep left card for me to call. I will send trespasser letter. Remind me what do I do if they visit again? I take it I dont mention this is statue barred [/B][/COLOR]

Hi

Don't send anything. Resolvecall won't call again.

As regards SB, I would continue to keep silent about that, anyway.

[Selinek]

Hi

Don't send anything. Resolvecall won't call again.

As regards SB, I would continue to keep silent about that, anyway.

I will keep silent. I must say I was surprised to have a visit after all these years. Thank you, as always you have good advice

[Pat]

If by chance they do call again and catch you, I would just politely say that you are not prepared to discuss anything (don't be specific) and to please put it in writing.

As for the SB, as it is really only just there, keep quiet. I have a big mouth and even bigger fingers and know I sent some letters and emails off a way into my SB journey that could if they still have them be seen as admission- certainly a judge might see them as that. I would wait until you absolutely have to tell them it is SB.

For example a company started calling me incessantly last year, most times I ignored but at the last time I said, 'I am not sure what it is about but the only thing I can think of would long be time barred'. It had been 8 1/2 years and the agent tried to bluster saying they could still collect but I just mentioned CONC to them and they said OK I will close it.

[Selinek]

If by chance they do call again and catch you, I would just politely say that you are not prepared to discuss anything (don't be specific) and to please put it in writing.

As for the SB, as it is really only just there, keep quiet. I have a big mouth and even bigger fingers and know I sent some letters and emails off a way into my SB journey that could if they still have them be seen as admission- certainly a judge might see them as that. I would wait until you absolutely have to tell them it is SB.

For example a company started calling me incessantly last year, most times I ignored but at the last time I said, 'I am not sure what it is about but the only thing I can think of would long be time barred'. It had been 8 1/2 years and the agent tried to bluster saying they could still collect but I just mentioned CONC to them and they said OK I will close it.

Thanks for that its really helpful. I am interested how you used the CONC. Did you mention the term or quoted one of the principles.

[Still Waving]

Thanks for that its really helpful. I am interested how you used the CONC. Did you mention the term or quoted one of the principles.

I would suggest that unless you are confident that you fully understand CONC, it is better not to try to construct a technical letter, or engage in a dialogue about it. If you seem to them to not have a proper understanding, you may be encouraging them to try to bamboozle you.

[Pat]

Thanks for that its really helpful. I am interested how you used the CONC. Did you mention the term or quoted one of the principles.

If memory serves me I said something like 'The FCA and CONC say you should not be contacting me if you should know it is Statute barred' Maybe not exactly correct but the guy on the line didn't know the difference.

To me the problem is that these (usually young guys) treat it as a sales job and think they can 'close' every time. They think we are gullible and to be fair the majority of debtors are.

[Selinek]

If memory serves me I said something like 'The FCA and CONC say you should not be contacting me if you should know it is Statute barred' Maybe not exactly correct but the guy on the line didn't know the difference.

To me the problem is that these (usually young guys) treat it as a sales job and think they can 'close' every time. They think we are gullible and to be fair the majority of debtors are.

Thanks for that,

[Still Waving]

Thanks for that,

Beware incorrectly quoting CONC. As he/she said, it is not correct. They are entitled to contact you about SB debts, but they cannot enforce collection via the courts.

In your opinion, how long has it been SB? And are you 100% sure?

[Selinek]

Beware incorrectly quoting CONC. As he/she said, it is not correct. They are entitled to contact you about SB debts, but they cannot enforce collection via the courts.

In your opinion, how long has it been SB? And are you 100% sure?

Apologies I missed this question. I stopped paying all my debts
November 2017. I did send F&F letters to some early 2018. No response from DA and I have not been in correspondence since.

[Dottir]

Assuming you are sure they are SB and that would mean not just no contact but also the account was defaulted more than 6 years ago , if you say you are not paying it because it is SB they must stop contacting you. The trick is not acknowledging the debt during the phone call.

‘Sorry the only thing I can think it might be is long time barred so I won’t be paying it’

[Selinek]

Assuming you are sure they are SB and that would mean not just no contact but also the account was defaulted more than 6 years ago , if you say you are not paying it because it is SB they must stop contacting you. The trick is not acknowledging the debt during the phone call.

‘Sorry the only thing I can think it might be is long time barred so I won’t be paying it’

many thanks for your ideas . The debt was defaulted about 10 yearsish I plan to keep my head down until it’s absolutely necessary to engage with any DCA.