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  • Terryw journey to unenforceability

    Hi all

    Newbie here. Please be gentle if I make unintentional errors in site protocol Super site by the way

    A bit about myself. I am in my seventies and have about £25k of credit card debt . I am not worried about bad credit record as I can't see any way of paying this off. 10 cards in total
    Never missed a payment and still have good credit record and I am well below most of the credit card limits.

    Here goes with first :

    Co-op credit card

    Commenced in 1980s

    Balance approx £1300

    Payment this month

    No arrangement

    Payments up to date

    Account with lender

    November 2017. £1 postal order and sec 78 request sent

    ??????Dec 2017 Reply.....No cheque enclosed!

    Jan 2018. To save time anther £1 p o sent

    strange that the postal order was not received although the letter was!
    When I receive the reply I will sent it to Niddy for checking


    Feb 2018. Letter from coop. Unable to produce and confirm UE until they can produce. They point out that credit will be wrecked!

    April 2118 stopped paying now Awaiting abortive chasing asking me to pay

    Jun1 2118. UPDATE Default notice issued and card cancelled by coop. I have not replied or contacted them


    Oct 23 2018 UPDATE
    alleged debt sold to Link
    I have not replied to Co-op or link and as it is UE I shall not reply unless there are any changes

    28 Dec 2022 update



    Lots of begging letters from link but nothing worry about as coop have not got their ducks in a row and I hold their letter that
    the matter is UE until they can produce. Needless to say but I have not responded to link in any form

    Roll on May 2023 when the sixth year since default begins

    UPDATE July 3 2023

    Nothing really to report . Regular begging letters from Link who own the debt but silence from my end

    Roll on May 2024 when the six years are up

    UPDATE 2 July 2024

    Six years from default. Now barred by statute. Has vanished from my credit reference account.
    Last edited by terryw; 6 November 2024, 20:54.

  • #2
    Welcome Terry, you've come to the right place and you'll get plenty of support here. If your accounts are all well over 10 years old then you probably don't have too much to worry about. Don't forget to send s78 requests by recorded delivery, the confirmation of delivery that you can download from the Royal Mail website is what you need to prove you've done that. Then if they don't reply you need do nothing else because they will be in default after a couple of weeks or so at which point the agreement becomes UE for that reason alone, never mind anything else. Don't chase it up just let it be.

    Comment


    • #3
      TSB

      Credit card

      Commenced 1980s

      Balance approx £1300

      Date last paid Feb 2018

      Not on arrangement

      Status up to date

      ???

      Account with lender

      jan 2018. Sec 78 request sent

      Feb 2018 reply with supposed copy agreement

      agreement is merely a copy of the terms and conditions sent with last renewal of card
      Niddy says UE for this reason


      Mar 2018 SAR request

      Mar 2018. Reply from TSB Requesting copy of passport/driving licence as they do not have up to date signature!


      April 2018 letter sent pointing out that there is nothing in the Act about signature and requesting early reply with SAR information

      3 May 2018 SAR documents received which includes original agreement from 1987

      4 May 2018 copy agreement sent to NIddy for checking I will update as and when

      5 May 2018 Niddy confirms UE as their reply to sec 78
      ?is in default
      I will not inform them of this and just wait and see

      1 June 2018 UPDATE Card now 3 months in arrears. Other than requests to pay and requests to contact nothing else


      UPDATE 23 October 2018

      I have made no payments and not contacted them since Jan 2018 . One or two begging letters and that's it. Latest statement shows the words "account closed" against "available to spend" I will update is anything else happens.

      UPDATE 28 Dec2022

      Little to report, Since the default notice of Feb 2019 this has been through the usual suspects - wescot, moorcroft, capquest and back to tsb.co
      All letters etc ignored. Nothing since Oct 2020

      23 May 2023. Letter from TSB review of interest charged £150 to reduce amount outstanding Not a big deal as I am getting to six year carelessly but surely
      Last edited by terryw; 3 July 2023, 08:09.

      Comment


      • #4
        That’s a good start to your journey

        Di

        Comment


        • #5
          Just an update. Received letter from Co-op confirming that they can't fulfill sec 78 and it is UE until they can!

          Comment


          • #6
            Great news. File that letter away in a safe place x
            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

            Comment


            • #7
              Originally posted by nightwatch View Post
              Great news. File that letter away in a safe place x
              If I may be so bold as to offer a bit of wisdom about how I file my letters

              I am not sure how tech savvy you are so nothing is set in stone

              First off I have a file for each account and file all letters in and out along with receipts for proof of posting etc and also copies of any proof of deliveries

              Then I scan everything and number and date it so for example if the first letter you sent or received is your CCA request it would go something like 1 cca request 1st feb (depending on what operating system you use will depend how you can number

              I then have a google drive account with a folder in called debt and in that a subfolder for each account and that's where I save the letters.

              This way I have 3 copies, 1 hard copy, 1 on my PC and another stored in the cloud, all in some sort of numerical order so they are easy to access
              I have to say when I started it really was almost a full time job but I had 20+ debts and was getting letters every day but I let it become a full time job, far more efficient to spend 1 morning a week scanning, filing and sending any letters out you need

              Good luck- don't let my rather OCD methods put you off

              Comment


              • #8
                They may be OCD but your methods make dealing with different accounts a lot more relaxing! No panic attacks as you hunt through vast quantities of paper in your own unique filing system
                I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                Comment


                • #9
                  RBS

                  Credit card

                  Commenced 1980s

                  Balance £4000

                  Date last paid march 2018

                  No arrears

                  Paying to lender

                  sec 78 request sent Feb 2018

                  response from RBS original document misfiled (!)
                  They confirm this is UE
                  March 2018 stopped paying now Awaiting begging letter!

                  June 1 2018. UPDATE Nothing other than requests to pay arrears or contact them. I have done neither

                  UPDATE 23 October 2018

                  Alleged debt passed to Wescot who have hinted at a reduced seetlement offer. BUT as this is UE I shall refrain from taking up this kind offer!.
                  I have not replied to RBS or Wescot or made any payments since March 2018.


                  UPDATE 29 Sept 2022

                  Letter from Lowell who have bought the debt. I shall take no action to point out debt is UE as cca into has not been supplied

                  UPDATE 28 Dec 2022

                  The default notice was 8 June 2018. The debt collector chain is Robinson Way, Moorcroft and now Lowell. I have not answered any phone calls, texts
                  letters or emails as this is UE

                  Roll on June 2023 when the sixth year begins

                  UPDATE JULY 3 2023

                  Little to report Begging letters and texts from Lowell but radio silence from me. The six years from last payment and default notice are up in June 2024. Less than a year to go. Roll on!


                  UPDATE July 22 2024
                  Account is statute barred and has vanished from credit reference firms
                  Last edited by terryw; 6 November 2024, 20:55.

                  Comment


                  • #10
                    Nat West

                    Credit card

                    Commenced 1980s

                    Balance £4500

                    Date last paid march 2018

                    No arrears

                    Paying to lender

                    sec 78 request sent 8 Feb 2018

                    received response .agreement misfiled but they cofirm UE

                    April 2018 stopped paying awaiting begging letters!

                    June 1 2018. Limit reduced to amount owing and requests for payment or contact Nothing else


                    UPDATE 23 October 2018

                    Alleged debt passed to Wescot who are hinting at a reduced settlement offer. I have not paid or contacted them since March and as it is UE
                    I shall not be taking them up on this kind offer!



                    UPDATE 29 Sept 2022

                    Letter from Lowell who have bought the debt. I shall take no action to point out debt is UE as cca into has not been supplied

                    UPDATE 28 Dec 2022

                    Default notice was 24 May 2018. The debt collector chain is Wesott,Zinc,Moorcroft and now Lowell. As the debt is UE I have not answered
                    any phone calls, texts, emails or lettters.
                    Roll on May 2023 when the sixth year commences

                    UPDATE July3 2023
                    Nothing to report other than begging letters and texts from Lowell and complete radio silence from me

                    UPDATE March 25 2024

                    Letter from Lowell confirming they have reviewed the account and have now closed the account
                    What lovely news

                    Last edited by terryw; 6 November 2024, 20:29.

                    Comment


                    • #11
                      My, you have received some good reply's, long may it continue. NW x
                      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                      Comment


                      • #12
                        Barclaycard ex Goldfish
                        Barclaycard number 1
                        commenced 1997

                        Bal £2500

                        Last paid march 2018

                        Not on arrangement

                        Status up to date

                        Account with lender

                        march 2018 sec 78 request

                        march 2018 copy of original agreement sent

                        sent to niddy for checking....will update

                        Niddy states UE

                        June 1 2018 UPDate No reply yet to SAR request. Will update when received

                        UPDATE 23 October 2018

                        Default notice issued but no follow-up. It looks to be UE so just wait and see what happens

                        ??????12 March 2019. Sold to hoist

                        UPDATE 28 Dec 2022

                        Many letters - all ignored. Will just wait and see

                        UPDATE 10 MARCH 2023

                        ????LOWELL are now debt owner

                        UPDATE 3 July 2023 Nothing to report other than begging letters from Lowell and radio silence from me
                        Roll on Sept 2024 when six years of non payment and default notice are up










                        Last edited by terryw; 3 July 2023, 08:56.

                        Comment


                        • #13
                          Bank of Scotland credit card

                          Started approx 1990

                          Bal £2000

                          Last paid March 2018

                          Not on arrangement

                          Account up to date

                          With lender

                          sec 78 request Feb 2018

                          reply returning £1 postal order saying no legal requirement for this

                          They are awaiting the documentation and will send this asap


                          i will update when a full reply is received

                          Apruil 19 2018 Nothing further I dont think they will find original agreement so Ive stopped paying and awaiting begging letters

                          May 2 2018 copy agreement received
                          I will send this to Niddy for checking and update

                          5 May 2018 Niddy confirms UE as terms do not agree with original agreement

                          June 1 UPDATE Other than requests for payment nothing further


                          UPDATE 23 October 2018

                          Default notice issued but Niddy feels that this is UE I have not made any payments since April 2018. Wait and see what happens next.

                          UPDATE 28 Dec 2022

                          Begging letters in time order from debt collectors.....wescot, moorcroft, Robinson way, credit security and finally bought by PRA. I have not replied to any of them in any shape of form as this is likely UE
                          In June 2023 my sixth year since default will begin. Roll on!

                          UPDATE 3 JULY 2023
                          Only begging letters and texts from the new owner and radio silence from me
                          Roll on June 2024 when six years from payment and default notice apply and this is what barred

                          UPDATE 4 October 2024

                          SIX YEARS ARE NOW UP and now STATUTE BARRED. No longer appears on CRAs






                          .
                          Last edited by terryw; 6 November 2024, 20:30.

                          Comment


                          • #14
                            I take it you meant 2018 throughout your recent posts?

                            Comment


                            • #15
                              Thanks. Brainstorm today

                              Comment

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